State v. Kaniper

MacKENZIE, J. S. C.

Can a gun which is mechanically operable but functionally inoperable be considered a lethal weapon? At issue here is a .32 caliber rim-fire Smith & Wesson Model IV2 revolver which was manufactured in 1869. Before the court is defendant’s motion to dismiss an indictment charging him, a convicted drug seller, *575with unlawful possession of a weapon. R. 3:10-2. Defendant contends that his gun is not a weapon within the purview of the New Jersey Code of Criminal Justice (Code).

The statute upon which the indictment is based provides as follows:

Any person, having been convicted in…