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STATE v. KANIPER

180 N.J. Super. 573 (1981)

435 A.2d 1195

STATE OF NEW JERSEY, PLAINTIFF, v. RUSSELL KANIPER, DEFENDANT.

Superior Court of New Jersey, Law Division Morris County.

Decided June 26, 1981.

Attorney(s) appearing for the Case

James C. Fogarty, Assistant Prosecutor, for the State. (Peter D. Manahan, Morris County Prosecutor, Attorney).

John P. Breen for defendant.

MacKENZIE, J.S.C.

Can a gun which is mechanically operable but functionally inoperable be considered a lethal weapon? At issue here is a .32 caliber rim-fire Smith & Wesson Model 1 1/2 revolver which was manufactured in 1869. Before the court is defendant's motion to dismiss an indictment charging him, a convicted drug seller, with unlawful possession of a weapon. R. 3:10-2. Defendant contends that his gun...

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