Legal Question in Criminal Law in New Jersey

Theft of my Rifle -

A friend of mine has STOLEN a M1 Carbine rifle from me (I asked him to hold it while I went thru a divorce). This rifle in NJ is considered an assault weapon but I purchased this rifle in 1967 as a display/conversation rifle but it does fire. I do want it back for my personal protection. The friend has either lied to me and really stole it or has tuned it over to a county Prosecutor office (Prosecutor office says they do not have it).

I will be taking him to "Small Claims" court since this does have a value of over $1000 but I would also like to file a THEFT COMPLAINT with the police on this supposed friend since he has violated me in a number of ways and also accused me of mental and physical things that are not true and he has no education to determine anything like this. The bottom line he is a theif and also a liar.

Should I be fearful of filing a Theft Complaint or could anything negative be done to me by NJ due to my weapon being an Assault Weapon? I have not had this weapon for 13 years and I think it is Grand Fathered due to me buying it fully properly in 1967 before any newer NJ laws happened.

R. Brust


Asked on 6/04/10, 8:47 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

There's an old saying about letting sleeping dogs lie. You could open up a can of worms here for a bunch of nothing. You haven't had this gun for 13 years. I assume there is no contract where you asked him to hold it. You gave him the gun and waited for over a decade to ask for it back. It would appear that you gave him the gun and that he is the new owner. As a result, I doubt either the civil or criminal complaint are going anywhere here. If the police now have it, isn't your remedy to get it back from them?

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Answered on 6/04/10, 12:13 pm


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