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State v. Nerwinski

Decided: October 5, 1961.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WALTER S. NERWINSKI, DEFENDANT-APPELLANT



Price, Sullivan and Leonard. The opinion of the court was delivered by Sullivan, J.A.D.

Sullivan

Defendant was convicted of carrying a rifle concealed on or about his person, contrary to the provisions of N.J.S. 2A:151-41.

At defendant's trial, which was by jury, the State produced proof that defendant was apprehended on Halsey Street, Newark, while carrying a loaded rifle under the topcoat which he was wearing. Defendant, testifying in his own behalf, admitted carrying the rifle, but denied that it was under his coat and, on the contrary, claimed that it was in clear and open view. The jury returned a verdict of "Guilty as Charged."

Defendant's explanation of the circumstances surrounding his carrying of the rifle is not material to the present appeal which is limited to defendant's contention that the weapon he was carrying at the time of his arrest is not encompassed by the concealed weapons statute N.J.S. 2A:151-41.

It has been stipulated for the purpose of this appeal that the rifle carried by defendant at the time of his arrest was a .22 caliber rifle 40 inches in length.

In order to understand defendant's legal argument it is necessary to set forth the pertinent provisions of Title 2A, chapter 151, section 41, which defendant was convicted of violating, and also the definition of "pistol" and "revolver" as set forth in section 1 of the same title and chapter.

"2A:151-41. Carrying concealed weapons; penalty; license to carry pistol or revolver

Except as hereinafter provided, any person who carries * * * concealed on or about his clothes or person, or otherwise concealed in his possession:

a. A pistol, revolver or other firearm without first having obtained a permit to carry the same in accordance with the provisions of this chapter; * * *

Is guilty of a misdemeanor."

"2A:151-1. 'Pistol' and 'revolver' defined

The words 'pistol' or 'revolver' as used in this chapter include a shotgun, rifle or other firearm with ...


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