STONE HARBOR — A Wayne, Pa., teen was arrested by Stone Harbor police on Thur., April 21, charged with various offenses including DUI and possessing an imitation firearm.
According to a release, at 11:07 p.m. in the area of 104th Street and Third Avenue, Patrolman Daniel Peters and Michael Workman made a motor vehicle stop for an equipment violation.
After the stop, they arrested John Lane, 18, of Wayne, Pa., and charged him with driving under the influence, possession of controlled dangerous substance, drug paraphernalia and possession of alcohol while underage.
Also in the vehicle were two males, aged 15 and 16.
Further investigation by the officers found a firearm in the glove compartment. It had the appearance and weight of a Glock semi-automatic firearm, however it was found to be an “air soft” BB gun.
All were taken to police headquarters where they were released to their parents.
In addition to the above charges, Lane was charged with possession of an imitation firearm, a fourth degree crime.
He was released on a summons, and awaits a court date.
Police are continuing to investigate.
***
To answer a reader’s questions about the charge, the following is provided from the New Jersey State Judiciary website regarding the charge of possessing an imitation firearm:
POSSESSION OF AN IMITATION FIREARM FOR UNLAWFUL PURPOSE
(N.J.S.A. 2C:39-4(e))
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. The statute on which
this count of the Indictment is based reads in pertinent part:
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 an unlawful purpose is guilty of a crime.
In order for you to find the defendant guilty of this charge, the State has the burden of
proving beyond a reasonable doubt each of the following four elements of this crime:
1. Exhibit S- is an imitation firearm.
2. Defendant possessed S- , the alleged imitation firearm.
3. Defendant possessed the imitation firearm under circumstances that would lead an
observer to reasonably believe that it is possessed for an unlawful purpose.
4. Defendant knew that an observer would reasonably believe that the imitation firearm
was possessed for an unlawful purpose.
Under the first element of the offense, an “imitation firearm” means an object or device
reasonably capable of being mistaken for a firearm.
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. It shall also
include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol
or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon
dioxide, compressed or other gas of vapor, air or compressed air, or is ignited by compressed air,
and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient
force to injure a person.
2
The second element of the offense is possession.
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