State v. Harmon

The opinion of the Court was delivered by

O’HERN, J.

A jury convicted defendant under N.J.S.A. 2C:39-4(a) of “possession of [a] firearm with a purpose to use it unlawfully” for drawing a BB gun during an argument with another young man and threatening its use. The offense is a second-degree crime, punishable by up to ten-years’ imprisonment, that also triggers the mandatory-minimum-sentencing provisions of the Graves Act, N.J.S.A. 2C:43-6(c) to -6(d).

The narrow question presented is whether the jury was instructed properly on the meaning of “unlawful purpose,” the state of mind required for the…