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STATE v. HARMON

203 N.J. Super. 216 (1985)

496 A.2d 707

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RONALD JOSEPH HARMON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1985.

Attorney(s) appearing for the Case

Peter B. Meadow argued the cause for appellant (Thomas S. Smith, Acting Public Defender of New Jersey, attorney; Peter B. Meadow, of counsel and on the brief).

Marijean Raffetto Stevens, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Marijean Raffetto Stevens, of counsel and on the brief).

Before Judges MICHELS and BAIME.

The opinion of the court was delivered by BAIME, J.A.D.

This appeal presents difficult questions of first impression pertaining to the construction of N.J.S.A. 2C:39-4 a. At issue is whether the justification of self-defense may serve to exonerate a person charged with possession of a firearm for an unlawful purpose. We hold that the defense is applicable under appropriate circumstances where the accused reasonably perceives himself to be in imminent danger...

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