Actor faces jail time over bb gun

[Rageaholic]

What a mess

Police respond to a call about some guy running around with a gun. Turns out it's just a film crew filming a crappy low budget movie (and the gun is a bb gun). No harm no foul, right?

WRONG!

New Jersey law says that even pellet guns need a permit which there was none. Now needing a permit for a pellet gun is understandable. I used to play with airsoft guns and those suckers could hurt.

What's not understandable is the punishment, a max of 5 to 10 years behind bars! To make matters worse, the producer bailed, leaving the actor to take the fall. Though it doesn't say who's gun it was. If it was the actors gun, then I could see some punishment (though nothing close to what he's facing). But if it wasn't, why are they even charging the guy to begin with?

[Bloodsoul]

…at least he won't shoot his eye out?

[s_stabeler]

I actually agree that the producer should be the one on trial- it's more or less obvious it's the producer's gun- but there is one thing that needs to be clarified. 5-10 years is the MAXIMUM sentence. I would imagine that 5 years is the default sentence, and mitigating circumstances would tend to reduce that. Oh, and yes, said actor probably should be charged- he should have read up on the gun laws beforehand, and made sure that they wouldn't be a problem. However, 5-10 years would be excessive. (To be honest, I'd have suggested a fairly small fine)

[cindybubbles]

Just waiting for the pro-gun activists to jump onto this one.

[BlaqueKatt]

If it was the actors gun, then I could see some punishment (though nothing close to what he's facing). But if it wasn't, why are they even charging the guy to begin with?

The law is for who is in possession, not "who owns it", under that logic you could "borrow" a firearm and because you don't own it.....

He could get probation if the prosecution is feeling generous....

Such a rare case would be one where the defendant has no prior involvement with the criminal justice system, the firearm was unloaded, and it is clear that the firearm posed no risk to officers or public safety.

graves act explained

NJ gun laws are notoriously strict. I need a permit to purchase ammunition for use at a range.

[TheHuckster]

This is really a matter of a film crew and cast being idiots. They either didn't think to check the laws before filming a chase scene on public roads with real guns (loaded or not, the gun is a gun) or they knew the law but disregarded it anyway.

Either way, I don't have as much sympathy for these people. I'd agree that 5 years is too harsh for anyone in this incident, but nobody should be immune to it. It just seems like common sense that you'd kinda research what you can and can't do with a gun in public before you go out and film a scene with them.

Especially considering there are prop guns designed specifically for the purpose of simulating a real gun. Not sure about the law there, but I would bet they'd be sort of off the hook if they used them, except for the other fact that they didn't have a permit to film the scene on public streets, anyways. When you film a car chase scene, you kinda need to let the police know so they can close the streets and inform the nearby residents of what's going on.

[Rageaholic]

He likely assumed that the producer did his research and that it was well within the laws. I think it's a reasonable assumption to make.

[Greenday]

NJ gun laws are notoriously strict. I need a permit to purchase ammunition for use at a range.

It's why I cringe when people say we need more laws against guns. NJ makes it absurdly hard for a law abiding citizen to get a gun and forget protecting yourself.

It was a dumb assumption to make. Though he probably didn't even realize it was against the law. Charge the producer, slap the actor on the wrost, and call it a day.

[Gravekeeper]

This deserves a fine at best. Though all involved are idiots. How could you *not* think that driving around a neighbourhood waving what seems to be a gun out the window wouldn't end up with a few phone calls to the cops?

But mandatory sentencing laws are, as always, bullshit.

It's why I cringe when people say we need more laws against guns. NJ makes it absurdly hard for a law abiding citizen to get a gun and forget protecting yourself.

<cautiously hands you some straw, just in case>

[s_stabeler]

But mandatory sentencing laws are, as always, bullshit.

not entirely. They were originally introduced- way back in the mists of time- for a very good reason, namely that judges were letting people off with ridiculously minor sentences for fairly major crimes. Mandatory sentencing laws were introduced, more or less, to say that "this is the absolute minimum punishment for this offence"- the problem, basically, is that power-tripping legislators have abused minimum sentences to strip away judicial ability to account for mitigating circumstances. (Basically, the problem is that legislators- perhaps forgetting that the law is supposed to outline the basic principle, NOT try to cover every possible situation that might apply- have increasingly used minimum sentences as a way to make punishments harsher- while not actually increasing the punishment that a judge can impose on those who actually deserve it.)

[Gravekeeper]

not entirely. They were originally introduced- way back in the mists of time- for a very good reason, namely that judges were letting people off with ridiculously minor sentences for fairly major crimes.

I think you're confusing mandatory sentencing with federal sentencing guidelines. Mandatory sentencing was largely introduced as a product of the ill conceived War on Drugs and even prior to that was targeted at drug related crimes. Typically under the myth of the "gateway drug" and its friend "won't someone think of the children?".

[Rapscallion]

Typically under the myth of the "gateway drug" and its friend "won't someone think of the children?".

AKA "Won't someone think of voting for me!"

Rapscallion

[Cia]

Just waiting for the pro-gun activists to jump onto this one.

Why? I own guns and I follow the laws of my State does this make me "pro-gun"?

The actor should receive a small fine and the director should receive a larger fine. Prison time for this would be ridiculous.

NJ idiotic gun laws are another reason not to ever live in that State.