The State must also prove beyond a reasonable doubt that the defendant took unlawful control of the firearm or weapon. The State does not have to prove that the firearm or weapon was carried away from the law enforcement officer or away from the place in which it was kept, but only that the defendant took unlawful control over it.
Since the New Jersey statute itself does not define the term “exercising unlawful control,” New Jersey courts have interpreted the term. A person takes or exercises unlawful control when he or she takes possession of an item without the permission of the owner or a person with proper authority. A defendant is not required to obtain possession of the weapon, but only try to remove the weapon to exercise unlawful control and meet the requirements of the statute. A person can try to exercise lawful control over an officer’s weapon, which would not violate the statute. Of course, only in very limited circumstances would it be lawful to control or try to control an officer’s weapon.
Home What Constitutes Taking “Unlawful Control”?
