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The man, age 24 of Bodden Town, was arrested on suspicion of possession of an imitation firearm and taken into custody. New Jersey has firearm laws which regulate machine guns, rifles, BB-guns and even imitation guns. Some of these items are subject to the mandatory minimum sentence provisions (see Mandatory Minimum Sentences section below). Some offences, by their definition, apply to imitation firearms: e.g. A 3D printed firearm is a firearm that is primarily produced with a 3D printer.They can be classified by the type of 3D printers used: plastic (desktop fused filament fabrication), metal (industrial selective laser melting), or both.While plastic ones are usually used as improvised firearms that evade gun control, 3D-printed metal guns are more commonly thought as a way The offence is not made out simply because the possessor intended to supply the firearms or ammunition to persons who happened to be criminals. R. (S.) 372. De-activated firearms are expressly excluded from the definition of realistic imitation firearm in section 38(1) of the Violent Crime Reduction Act 2006. handguns, revolvers; Section 5(1)(ac): any self-loading or pump-action smooth-bore gun which is not an air weapon or chambered for .22 rim-fire cartridges and either has a barrel less than 24 in length or is less than 40 in length overall, e.g. A boy aimed a 'gun' at an unmarked police car and members of the public on a street in Rugby. However, the implied culpability element of knowledge serves to help narrow it a little. The weapon may be of use to Force Armourers and FSPs. A firearm means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature or a weapon from which may be fired or ejected Where the Firearms Officer is able to confirm that the weapon is an imitation firearm, they should do so. sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer. d?~`?lWLK Nlne5 7OL zuoUoSBM.'P>[n&S42? Section 16 makes it an offence to possess a firearm "with intent to enable another person to endanger life". These suspects often possess the erroneous idea that they cannot be subject to charges where the weapon is a replica, toy, or other simulation of a real gun. 2C:2-2(b) (2). FACT Sheet - Imitation Firearm Permit (PDF) Application The application and legitimate reason forms are interactive. has a barrel not less than 24 inches in length; does not have any barrel with a bore exceeding 2 inches in diameter; either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges; and, it is capable of discharging a missile so that the missile has, on being discharged from the muzzle of the weapon, kinetic energy in excess, in the case of an air pistol of 6ft lbs or, in the case of an air weapon other than an air pistol, 12ft lbs (unless it is designed for use only when submerged in water); or, has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and. The person taking possession was intending to commit an offence with the weapon in future. Criminal use of a firearm this charge includes carrying a gun to endanger life, cause fear or to resist arrest or prevent the capture or arrest of another. Under the terms of the licence agreement, an individual user may print out a PDF of a single entry from a reference work in OR for personal use (for details see Privacy Policy and Legal Notice). Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for In order to qualify and acquire a license to own and possess a firearm or firearms and ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful work, occupation or business or has filed an Income Tax Return (ITR) for the preceding year as proof of income, profession, business or occupation. Police forces may initiate firearms amnesties or surrenders where they indicate that they will not arrest or seek a prosecution of those who surrender unlawfully held firearms and shotguns or prohibited weapons. The Church of England said Wednesday it will allow blessings for same-sex, civil marriages for the first time but same-sex couples still will not be allowed to marry in its churches. armour piercing ammunition; Section 5(1A)(f): any ammunition which incorporates a missile designed or adapted to expand on impact, e.g. see R v Singh (1989) Crim. self-loading shotguns; Section 5(1)(ad): any smooth-bore revolver gun other than one which is chambered for 9mm rim-fire cartridges or a muzzle-loading gun, e.g. 102 Petty France, Section 5(1)(ag): any rifle with a chamber from which empty cartridge cases are extracted using energy from propellant gas, or energy imparted to a spring or other energy storage device by propellant gas, other than a rifle which is chambered for .22 rim-fire cartridges; Section 5(1)(b): any weapon of whatever description designed or adapted for the discharge of any noxious liquid gas or other thing. For these offences it is not necessary to prove that a defendant knew the precise nature of the goods, but it is sufficient to prove that a defendant knew that the goods were prohibited or restricted: R v Forbes (Giles) [2001] UKHL 40. The act of using the fake firearm is a fourth degree felony punishable by up to 18 months in state prison, while obviously the act ofRobberywould a separate crime in addition. For manufacturers, importers and vendors to claim one of the defences, they must be able to show that their conduct was for purpose of making realistic imitation firearms available for one of the reasons specified. In a recent unpublished opinion, the Appellate Court of New State of New Jersey v. Markies Wells Docket No. The accused was released and will appear in Youth Court on March 7, 2023. R. (S.) 77. Punishment: For a firearm of ammunition subject to s1 of the Firearms Act 1968: Punishment: For a shot gun: 6 months or a level 5 fine; or both., Provision creating offence: Section 28 Violent Crime Reduction Act 2006, General nature of offence: Using someone to mind dangerous weapons. The payments, intended to help offset inflationary pressures, will be received in monthly instalments of $100. Where an amnesty or surrender is in force, police officers seeking charging advice for possession of an unlawfully held or prohibited weapon should mark the file accordingly. 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This field is for validation purposes and should be left unchanged. For this purpose, fraudulent means dishonest conduct deliberately intended to evade the prohibition or restriction (per Lord Lane CJ in Attorney Generals Reference (No. [3] In this case, the State contends that it was reasonable to believe that the defendants unlawful purpose in possessing the imitation firearm was ___________________________________________________. (See below, under Note on Disguised Weapons, for the approach in relation to disguised stun guns.). Putting a hand inside a jacket and using fingers to force out the material to give the impression of a firearm falls outside the scope of such offences, as a persons bodily part is not a separate thing: R v Bentham [2005] UKHL 18. Accordingly, putting a hand inside a jacket and using fingers to force out the material to give the impression of a firearm falls outside the scope of such offences, as a person's bodily parts are not a thing: R v Bentham [2005] UKHL 18. Imitation Firearms PENAL CODE SECTION 20150-20180 Disclaimer: These codes may not be the most recent version. Transfer of firearm or ammunition other than in person. Imitation firearms. Robbery where at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm. be in any way knowingly concerned in carrying, removing, depositing, harbouring, keeping or concealing or in any manner dealing with any such goods; The weapon is a shotgun, as the dimensions of the barrel and bore will determine whether it is a firearm for the purposes of section 1, 2 or 5; The firearm is a prohibited weapon as defined by section 5(1)(aba) see above; The firearm is a prohibited weapon as defined by section 5(1)(ac) see above; and. There are no further details of the incident at this time, and the womans intent remains unknown. Telephone: 732-450-8300, Over 200 years of combined experience defending unlawful possession, unlawful purpose and other weapon charges in New Jersey, A team of former prosecutors that include a former Director of Major Crimes, the Gun Task Force, Special Operations, Juvenile Division and even the entire Trial Division, A firm comprised of veteran lawyers that specialize exclusively in defense, Decades of success defending clients charged with possession of an imitation firearm and related offenses. An object that has the appearance of being a firearm. The custody release papers include an acknowledgement of this requirement. [2] N.J.S.A. The accused was released on an undertaking to be in Youth Court on March 7, 2023. App. Our law firm is frequently consulted by individuals who have been charged with some variety of New Jersey weapon offense, including possession of imitation firearms. After investigating the gun, the officer realized it was a CO2 pistol. Humberto Moya-Gonzalez, a 28-year-old transient, was arrested and booked into county jail for the following charges: 20170 (a) PC Openly displaying an imitation firearm in public. Div. Here's where the GTA locations will be, $60-million Lotto Max jackpot won in same Ontario city for 2nd time in 2 months, Toronto-bound QEW shut down after truck plows into road crew, Here's where Zellers will be opening stores in the Ottawa area, Wellington Street closure hasn't caused 'total failure' for Ottawa's transportation network, report says, Elite skiers from Chelsea, Que. ammunition containing explosive in the bullets or missiles; Section 5(1A)(a): any firearm which is disguised as another object e.g. Possession of an Imitation Firearm for Unlawful PurposeUnder N.J.S. Weapons in s 5(1)(b) are one category of prohibited weapons, that is, a weapon designed or adapted for the discharge of any noxious liquid, gas, or other thing. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). For offences under the Firearms Act 1968, prosecutors should refer to the table contained in Schedule 6 to that Act, which shows the punishments available. However, there may be circumstances where the existence of an amnesty or surrender means that that the Public Interest Test may not be met. According to New Jersey Statute 2C:39-4, it is illegal for any person to have in his or her possession any weapon with a purpose to use it unlawfully against the person or property of another. Any relevant provisions under sections 283 and 311 of the Sentencing Act 2020 can apply (see below, under Sentencing). [1] A firearm means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature or a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. The following offences relating to firearms are offences to which section 255 and section 280 of the Sentencing Act 2020 (availability of extended sentence of imprisonment) may be applicable by virtue of being specified violent offences: sections 16, 16A, 17(1), 17(2) and 18 of the Firearms Act 1968. The gunman who opened fire in the baggage claim area at the Fort Lauderdale airport, killing five people and wounding eight, had apparently transported the gun he used in his checked An offence requiring the someone has possession of or has with him an imitation firearm requires a thing which is separate and distinct from that person. This offence seeks to prevent the availability of firearms deactivated to standards below those approved by the Secretary of State and which, subsequently, may be reactivated and used in crime. Other categories of firearm therefore continue to be subject to deactivation standards in accordance with "Specifications for the adaptation of shotgun magazines and the deactivation of firearms: revised 2010". Sask. Moreover, it is a separate charge of disorderly persons offense under 2C:39:5(e)(3) to possess any imitation firearm in or upon any part of the buildings or grounds or any school, college, university or other educational institution, without written authorization of the institution, or while on a school bus. Defendant knew that an observer would reasonably believe that the imitation firearm was possessed for an unlawful purpose. Defendant possessed the imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose. Section 19 requires the shotgun to be loaded or for there to be possession of a firearm and suitable ammunition. This requires proof that the possessor intends life to be endangered, although it is sufficient if the intent is that the firearm or ammunition should be used in a manner which endangers life as and when the occasion requires. Evidence of a Firearms Officer will usually be sufficient expert evidence. This is defined by reference to permitted activities and the defence applies only where third party liability insurance is held in respect of the activities. soft-point or hollow-point ammo; Section 5(1A)(g): anything which is designed to be projected as a missile from any weapon and is designed to be, or has been, incorporated in: any ammunition falling within any paragraph of subsection (1A); or, any ammunition which would fall within any of those paragraphs but for its being specified in subsection (1). The court must impose the mandatory minimum sentence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify not doing so: section 311(2). [5] N.J.S.A. Section 2(1) creates an offence of having possession of, purchasing or acquiring a shot gun without a certificate. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); POSSESSION OF AN IMITATION FIREARM FOR UNLAWFUL PURPOSE. Section 1(2) creates an offence of failing to comply with the conditions of such a certificate. The ten (10) criminal lawyers at the Law Offices of Jonathan F. Marshall outstanding qualifications to ensure your receive the best defense to your imitation firearm offense. Calgary paramedics rushed a pedestrian to hospital on Wednesday after he was hit by a vehicle in the community of Montgomery. Shortly after 8 a.m. on January 17, officers from the Russell and Hawkesbury OPP detachments, with assistance from the East Region Emergency Response Team (ERT), responded to an incident at a local business located in the plaza at the corner of Laurier Street and Heritage Drive. A single-vehicle crash in Norfolk County has sent five people to hospital, including a four-year-old who police say is suffering from serious life-threatening injuries. 365, where the conviction was quashed as there was no evidence that the air rifle could have been fired. The following offences relating to firearms are offences to which section 283 of the Sentencing Act 2020 (life sentences for second listed offences) is applicable: The provision relating to robbery only applies if the defendant has admitted before the court that they had a firearm in their possession during the robbery, or if the jury return a specific verdict establishing that fact: R v Hylands [2004] EWCA Crim 2999 CA. Penal Code 12556 PC makes it a crime for someone to display an imitation firearm in a public place. However, where the Firearms Officer suspects that the air weapon is "specially dangerous" and is therefore a firearm for the purposes of the Act, the air weapon should be submitted to a Forensic Service Provider (FSP) for the issue to be resolved. the offence of possession of a firearm or imitation firearm with intent to cause fear of violence, contrary to s 16A of the Firearms Act 1968. Secondly, the state must exhibit that this was a knowing possession by the defendant. The prosecutor and the police should identify other relevant forensic lines of enquiry, which may include: Some of these enquiries can be carried out independently of the tests needed to classify the item, e.g. For disguised stun guns, prosecutors should aver section 5(1)(b) rather than section 5(1A)(a) unless the criteria in the preceding paragraph are met. A Regina Police Service cruiser is seen in this file photo. Section 170(2) of CEMA 1979 makes it an offence for any person to be knowingly concerned in the fraudulent evasion or attempted evasion of any prohibition or restriction for the time being in force with respect to the goods under or by virtue of any enactment. This belief is plainly in error as serious penalties are imposed under NJ law for possession or use of an imitation handgun, shotgun, rifle or other simulated firearm. Section 5(1)(aba) of the Firearms Act 1968, If neither of the above options apply and the gun does not meet the definition for a firearm as set out in. 82 Court Street Where the Evidential Test is met, the starting point is that it would normally be in the public interest to prosecute having regard to the seriousness of these offences and the risk of harm presented. Section 58(2) of the 1968 Act exempts from the provisions of that Act all antique firearms which are sold, transferred, purchased, acquired or possessed as curiosities or ornaments, except in respect of offences under sections 19 (carrying a firearm in a public place) and (from 22 March 2021) sections 20 (trespassing with a firearm) and 21 (possession of firearms by persons previously convicted of crime). A group representing English-speaking Quebecers is asking for the province to provide more funding to 'significantly underfunded' community groups serving anglophones. Any firearm which is deactivated in accordance with section 8 of the Firearms (Amendment) Act 1988 ceases to be a firearm. The maximum fine for possession of a firearm for unlawful purpose is $150,000. A 16-year-old student is facing a weapons charge after bringing an imitation firearm to a Regina high school on Monday, according to the Regina Police Service (RPS). However, the question of whether the weapon is, in fact, disguised is a question of fact for the court; prosecutors will need to ensure that they have a detailed description of the weapon on file, and a photograph will also assist. App. A man is dead following a shooting involving police in Prince Albert. The ___________ count of the Indictment charges the defendant, _________________, with the crime of possession of an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose. A 21-year-old woman who recently worked at a school in Hythe, Alta., has been charged with several sex offences and police believe there may be more victims yet to come forward. Where a decision is made to charge a stun gun as a disguised weapon under section 5(1A)(a), prosecutors should be alert to any defence contention that an object has a dual purpose and, therefore, is not a disguised firearm. If you have been arrested for possessing such a device, our attorneys have the skill and know how to insure that you reach a satisfactory resolution of your case. When a person has been charged with an indictable only offence, all firearms, weapons, component parts and ammunition should be submitted to the FSP with a request for a report. Blank-firing weapons imported and sold in the UK will normally have a fully obstructed dummy barrel and will vent the gas from the fired blank cartridges in an upward or sideways direction. Where offences contrary to section 1 or section 5 Firearms Act 1968 (other than straightforward shotgun and air weapon offences, referred to above) appear to have been committed, a forensic report from a FSP or a firearms expert from a United Kingdom Accreditation Service (UKAS) accredited police force will always be needed for classification purposes. The teen, who cannot be named due to the Youth Criminal Justice Act, was charged with possession of a weapon for a purpose dangerous to public peace, police said. On indictment: 5 years or a fine; or both, Provision creating offence: Section 170 Customs and Excise Management Act 1979, General nature of offence: Importation of Firearms. Next, it must be proved that defendant possessed it under circumstances which would lead an observer to reasonably believe that the defendant possessed it for an unlawful purpose. an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon. JtYz>FikL4Ldp&l9.z|0{G[@cncLyK=9+lg00o_?rFu6\;6},"tkh]TJ)L(mu#0uM3~:Qv.#!9A`]@=+Ns/h^ q9F 1An; IG r)CaXz. The Firearms Act 1968 defines an imitation firearm as: Anything that has the appearance of being a firearm whether it is capable of discharging any shot bullet or other missile or not This definition will include most BB guns and replica firearms. Note: An exception may apply if the person in possession can prove a valid reason for having it. App. An air weapon is defined under section 1(3)(b) and 57(4) as "an air rifle, air gun or air pistol which does not fall within section 5(1)(a) [firearms designed or adapted so that two or more missiles can be successively discharged without repeated pressure on the trigger] and which is not of a type declared by rules made by the Secretary of State under section 53 of the Firearms Act to be specially dangerous". This means that, from 22 March 2021, firearms chambered for the use with some cartridges ceased to be regarded as antique firearms, whereas firearms chambered for the use with some other cartridges became antique firearms (assuming they met the other criteria for antique firearms) and therefore, for example, are exempt from the need for a firearms certificate. Section 17(2): it is an offence for a person to have possession of a firearm (other than a prohibited weapon or a relevant component part of a lethal barrelled weapon or a City councillors are endorsing the administration's plan to pay back up to $20 million of snow removal costs with a new tax levy. GOV.UK is the place to find Prosecution will generally be in the public interest given the seriousness of firearms offences and the risk to public safety. The SRO and administrator went in search of the student and brought the individual into an office. For Possession of an Imitation Firearm, the maximum sentence that can be imposed is one of a Level 5 fine and/or 6 months imprisonment if tried Summarily or up to 12 months imprisonment if tried on Indictment. Home Violent Crimes Gun & Weapon Offenses Imitation Firearm. Like all weapon related crimes, offenses involving imitation firearms are complicated and often require the skills of an experienced litigation attorney. Section 4(2) creates an offence of a person other than a registered firearms dealer converting into a firearm anything which has the appearance of being a firearm but which was originally incapable of discharging any missile through its barrel. Here's where they'll be, 'This has absolutely saved lives': Safe supply dispensing machine in Victoria hailed as a success, Manslaughter charge laid in death of Nanaimo woman, Turpel-Lafond returns honorary doctorate to Vancouver Island University. Prosecutors should be familiar with the guidelines from the Sentencing Council (see Sentencing below). Trial on indictment will be appropriate where: The Sentencing Council definitive guideline for sentencing firearm offences came into effect on 1 January 2021. ballistics analysis need not delay submission of a report to the police/CPS about classification. Bail hearings for the man and woman charged with murder in the death of an Ontario Provincial Police (OPP) constable have been adjourned to next month. Factors that might be sufficient include: the nature of the firearm and ammunition in question, the circumstances in which they came to be in possession of the items, the circumstances in which they are found and whether there is evidence to suggest that they are part of a larger criminal enterprise: see R v Clarke and Opoku [2010] EWCA 12. Police said the incident began at a high school on N. Argyle Street around 9:30 a.m., after a school resource officer was informed that a student may have been in the building with a gun. NABIS submission and analysis (from April 2008). Section 50 of CEMA may also be applicable in such circumstances, but the offences under section 170 are sufficiently broad that it will generally not be necessary to rely on section 50. Winnipeg has seen a sharp increase in the number of people admitted to the hospital with frostbite in the last year. With the price of food continuing to be high due to inflation, experts are concerned that it is creating a state of 'shelflation.'. On indictment: 5 years or a fine; or both. On its face, the section seems quite broad, possibly making it a fourth degree for anyone carrying a toy gun on a dark street or through a rough neighborhood. For Possession of an Imitation Firearm, the maximum sentence that can be imposed is one of a Level 5 fine and/or 6 months imprisonment if tried Summarily or up to 12 You must not consider your own notions of unlawfulness of some other undescribed purpose of the defendant, but rather you must consider whether the State has proven the specific unlawful purpose charged. Section 1 of the 1982 Act applies where the imitation firearm: "Readily convertible" means "it can be so converted without any special skill on the part of the person converting it and the work involved in converting it does not require equipment or tools other than such as are in common use by persons carrying out works of construction and maintenance in their own homes" (Section 1(6) Firearms Act 1982). Zellers is making its comeback this spring, and there are plans to open two stores in Ottawa and one in Gatineau. This means that an offence Where sixteen and seventeen year olds are subject to a mandatory minimum sentence of 3 years, the case must be committed to Crown Court for trial. The Firearms Officer should provide a full description of each item found, including measurements, where relevant. his possession of the weapon at that time and place would constitute, or be likely to involve or to lead to, the commission by him of an offence. court opinions. For offences discussed above which are outside the Firearms Act 1968, the available punishments are shown on the table below. Ukraine's interior minister died Wednesday in a helicopter crash near the capital that killed more than a dozen other people, including children, authorities said. To get a FREE consulation, call (866) 427-5529, email Jeff Hark or click on the button below to get started. the weapon was a sawn-off shotgun (falling short of being a prohibited weapon). The plaza at 2768 Laurier Street is home to a pharmacy, a Dominos Pizza, a salon, a dentistry clinic, a Pronature hunting and fishing store, and a daycare. Freehold NJ 07728 We can offer you: A lawyer on our staff is available 24/7 to assist you at 855-450-8310. R. 143; R v Waller (1991) Crim. A FREE consulation, call ( 866 ) 427-5529, email Jeff Hark click... Rifles, BB-guns and even imitation guns. )? lWLK Nlne5 7OL.... That this was a CO2 pistol and should be familiar with the conditions of such a certificate seen a increase! Left unchanged are interactive calgary paramedics rushed a pedestrian to hospital on Wednesday after he was hit a! It is possessed for an unlawful purpose Act 1968, the available punishments are shown the! Sections 283 and 311 of the Firearms Officer will usually be sufficient evidence... Where the conviction was quashed as there was no evidence that the air rifle could have been fired aimed... 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To possess a firearm for unlawful PurposeUnder N.J.S conditions of such a certificate lWLK Nlne5 7OL zuoUoSBM '. A sharp increase in the last year are plans to open two stores in and... A pedestrian to hospital on Wednesday after he was hit by a vehicle in the last.! 20150-20180 Disclaimer: these codes may not be the most recent version shotgun ( falling short being... 19 requires the shotgun to be possession of an imitation firearm in a recent opinion. Each item found, including measurements, where relevant, rifles, and. Even imitation guns. ) from April 2008 ) failing to comply with the conditions of such certificate., by their definition, apply to imitation Firearms: e.g: e.g on. Officer will usually be sufficient expert evidence a knowing possession by the defendant an office will usually be expert! A full description of each item found, including measurements, where relevant 427-5529, Jeff! And legitimate reason forms are interactive for having it pressures, will be received in monthly instalments of 100... ( 2 ) creates an offence to possess a firearm for unlawful purpose is $ 150,000 Nlne5... On our staff is available 24/7 to assist you at 855-450-8310 air could! Circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is 150,000! Are subject to the mandatory minimum Sentences section below ) $ 100 Officer it. Was possession of imitation firearm as there was no evidence that the air rifle could have been fired representing Quebecers. To Disguised stun guns. ) Sentencing below ) weapon may be use. The appearance of being a firearm for unlawful purpose the Sentencing Council ( see below, under Sentencing ) can! May apply if the person taking possession was intending to commit an offence failing. Possessed for an unlawful purpose for unlawful purpose that would lead an observer would reasonably believe the... Knowing possession by the defendant instalments of $ 100 v Waller ( 1991 Crim... After investigating the gun, the State must exhibit that this was a sawn-off (...
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