State v. Vick

This is a pesky case that strains judicial tolerance. The case would undoubtedly not have arisen had it not preceded our decision in State v. Ingram, 98 N.J. 489 (1985), which held that Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979), requires the State to prove beyond a reasonable doubt all elements of its handgun control offense, N.J.S.A. 2C:39-5b, including the absence of a permit. The question will probably never arise again after Ingram. The case is before us on an appeal as of right because of a dissent in the Appellate Division. The single issue that divided the…