State v. Scott

The opinion of the court was delivered by

FASCIALE, J.A.D.

Defendant appeals from his convictions for second-degree possessing, receiving, or transferring a community gun, N.J.S.A 2C:39-4a(2); and second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b.1 The judge imposed an aggregate ten-year prison sentence.2 We affirm.

We focus primarily on the mens rea needed to convict defendant of the community gun charge. The question presented is whether the State must prove that defendant knew the firearm was a community gun. We hold that defendant’s knowledge of the communal character of the…