Woman, 89, Shot in Leg After Gun Discharges at Morris County Pizza Restaurant
What Happens When a Legal Gun Owner Accidentally Fires a Weapon in NJ?
Even with a lawful permit, he now faces charges that include second and fourth-degree aggravated assault, prohibited carrying of a firearm, and violating New Jersey’s safe carry rules. Incidents like this show how fast a lawful owner can find themselves facing severe criminal exposure if a weapon is handled carelessly or outside the limits of the statute. Our firm regularly handles weapons cases in Morris County. It is familiar with the way prosecutors approach aggravated assault tied to negligent firearm use. In the sections that follow, we break down New Jersey’s safe carry requirements, the elements of assault charges, and the defense strategies that apply in cases involving accidental discharges.
N.J.S.A. 2C:39-6: Safe Carry Violations and Fourth-Degree Charges
New Jersey sets clear rules for anyone who carries a firearm, even when the person holds the proper permit. Under N.J.S.A. 2C:39-6, a handgun must be lawfully possessed, and the carrier must follow strict handling and transport standards. A valid Firearms Purchaser Identification Card or a carry permit authorizes possession, but it does not create free rein. When transporting a handgun, it must be unloaded and secured. When carrying a weapon in public, the person is responsible for keeping it under control and away from situations that could put others at risk. Some locations remain off-limits, regardless of the person’s documentation, including schools, government buildings, and private property where the owner has posted restrictions. Restaurants are not banned locations, but carrying a loaded handgun in a crowded dining room requires steady judgment. Taking the firearm out of its holster and attempting any kind of manipulation in a public seating area is viewed as unsafe and unreasonable under state law.
The charge of violating safe firearm carry requirements comes from N.J.S.A. 2C:39-6 and related provisions that govern how a handgun must be handled in public. Prosecutors often rely on this statute when a person’s conduct creates a clear risk to others, even if the discharge was unintentional. Removing a loaded handgun from a holster in a busy restaurant and trying to clear it in front of other patrons is treated as reckless behavior. Law enforcement considers this type of action unnecessary, hazardous, and well outside what the law permits. These cases are typically filed as fourth-degree crimes, exposing the accused to a potential sentence of up to eighteen months in prison and fines that can reach $10,000.
The charge for prohibited carrying of a firearm often surprises people who already have a permit, but the statute focuses on how the weapon is handled, not just whether the person is authorized to possess it. A carry permit allows someone to have the handgun on their person, yet it still requires the firearm to remain secured, controlled, and carried in a responsible way. Most permits are issued with the expectation that the gun stays holstered unless the person is responding to an actual emergency. When someone removes the handgun in a setting that poses no threat, prosecutors treat it as conduct outside the limits of the permit.
Context plays a major role in these cases. Taking out a loaded handgun in a restaurant full of people, without any danger present, is the kind of behavior that can support a prohibited carrying charge. This offense is often filed as a disorderly persons offense, carrying the possibility of up to six months in jail and financial penalties. It creates additional exposure for the defendant beyond any assault or safe-carry violations tied to the incident.
Can You Face Prison for an Accidental Shooting in New Jersey?
Prosecutors charged second-degree aggravated assault under N.J.S.A. 2C:12-1b(1), which applies when a person causes serious bodily injury through reckless conduct that shows a clear disregard for the safety of others. A gun going off inside a crowded restaurant fits that framework, even if the discharge was not intentional. A gunshot wound is almost always treated as serious bodily injury under New Jersey law because it involves a substantial risk of lasting harm. A second-degree charge places the defendant in a position where a prison sentence is very likely. The range is five to ten years, and the No Early Release Act requires the person to serve eighty-five percent of the term before becoming eligible for parole. Second-degree crimes also come with a presumption of incarceration, which means the court is expected to impose a state prison sentence unless there are unusual circumstances.
The case also includes a fourth-degree aggravated assault charge under N.J.S.A. 2C:12-1b(4). This covers situations where someone recklessly causes bodily injury with a deadly weapon. A firearm always qualifies as a deadly weapon, and any level of physical pain or impairment is enough to meet the bodily-injury standard. Prosecutors often file both second- and fourth-degree charges to ensure they can move forward even if the more serious count becomes difficult to prove. A fourth-degree offense carries a potential sentence of up to eighteen months in prison, although many first-time offenders are considered for probation. In some cases, this charge becomes the basis for plea discussions when the goal is to avoid the severe sentencing exposure associated with the second-degree count.
Recklessness in New Jersey does not require any intent to harm someone. The law looks at whether the person recognized a real risk and went ahead anyway. An accidental shooting can still be treated as reckless when the handling of the firearm creates obvious danger. When a person pulls out a loaded handgun in a busy restaurant, starts manipulating it, and fails to confirm that the chamber is empty before doing so, a prosecutor will argue that the risk was plain and the conduct crossed the line into criminal behavior.
Defending an aggravated assault charge often turns on whether the facts truly show recklessness. When you’re fighting an aggravated assault charge, the whole thing usually comes down to whether the state can show the person was actually reckless. Sometimes the defense is as simple as pointing out that the situation shows bad judgment, not the kind of disregard for safety the statute calls for. Another angle is the injury itself. Prosecutors like to label a gunshot wound as “serious,” but the law has a specific definition, and not every wound fits it. There are also situations where something inside the gun failed, and the shot wasn’t the result of anything the defendant did wrong. In other cases, the argument is that the defendant was handling the gun in a steady, cautious way, and the discharge wasn’t something anyone could have seen coming. What works in court depends on the small details such as how the gun was built, what the witnesses actually saw, and the circumstances leading up to the shot.
Risk Assessment in NJ Gun Cases: What the Court Considers
The decision to hold the defendant after the shooting comes from New Jersey’s bail reform system under the Criminal Justice Reform Act. The state no longer relies on cash bail. Instead, the court uses a risk assessment known as the Public Safety Assessment to score each person based on the seriousness of the charges, past history, and the likelihood of returning to court. A second-degree aggravated assault involving a firearm is the kind of case that places a defendant in a high-risk category. Gun cases carry added weight in this system because the court must look closely at community safety. Those factors often push the state to request detention while the case moves forward.
The detention hearing is where the judge decides whether the person can be released or must remain in custody. The prosecutor has to show, with strong evidence, that the defendant poses a risk the court cannot manage with supervision or conditions. In this case, the state will argue that the gun discharge inside a busy restaurant shows behavior that could endanger others if repeated. The defense can say that the defendant has no record at all and was carrying the gun legally. When there is nothing in the defendant’s past that suggests they are a danger, and they weren’t acting out of anger or deliberate violence, they do not pose a threat. Their age and long-standing roots in the community help, too. A steady home life and a predictable routine can go a long way in showing they aren’t likely to run or repeat the behavior. Some charges lean toward detention from the start, but the judge still has to look at everything: who the defendant is, what actually happened, and whether any real risk exists going forward.
The possible outcomes range from continued detention in the Morris County Correctional Facility to supervised release with strict conditions. Those conditions can include electronic monitoring, home confinement, and surrendering all firearms. Release without conditions is far less common in cases involving serious injury and a gun. However, it is not impossible when mitigation is strong. If the judge orders detention, the defense can appeal the ruling to a higher court.
Where the defendant ends up pending trial has a major effect on the entire case. A person who remains in jail has a harder time meeting with counsel, reviewing discovery, and preparing for court. Detention also puts strain on employment and family life, which can push someone toward a plea they might not otherwise consider. Strong representation at the detention stage can make a meaningful difference in how the case develops.
Building a Defense in Negligent Firearm Cases
Challenging the Elements of Aggravated Assault
Challenging the charges in a case like this often starts with the second-degree aggravated assault count. The defense might start by looking at the woman’s injury itself. It was obviously painful and frightening, but the question is whether it reaches the legal definition of “serious bodily injury.” If it doesn’t, the second-degree charge loses its footing and the case shifts to a fourth-degree offense instead. The mental state is another place to push back. The defense can point out that the defendant wasn’t acting with the kind of disregard for human life the statute requires. It may have been a bad choice or plain carelessness, but that doesn’t automatically turn it into a second-degree crime. There are also times when the gun plays a bigger role than the person holding it. A mechanical issue or internal failure can explain why a firearm went off even when someone thought they were handling it properly, though that kind of argument usually needs an expert who can walk the court through what happened.
Why Background and Intent Matter
Mitigation often becomes the heart of a case like this. A valid permit goes a long way in showing that the defendant did things the right way on the front end and wasn’t carrying a gun illegally. If they have no record at all, that helps push back against any claim that they are a danger to the public. Intent matters, too. This wasn’t a fight or some kind of planned act. It was an accident that ended badly, and that distinction carries weight. Staying at the scene and showing regret help the court see him as a person rather than a violent suspect. Age can also play a part; someone in their seventies may not have the same grip strength or mobility they once had, which could explain how the mishandling happened. Support letters from people who know him such as family, long-time friends, or former coworkers, can add detail to who they are outside of this incident and highlight the ties they have to the community.
Plea Negotiations and Case Resolution
Negotiation focuses on avoiding the heavy exposure that comes with the second-degree charge. If the defendant qualifies, PTI may be an option and could lead to a dismissal after a period of supervision. More commonly, the goal is to secure a downgrade to a fourth-degree offense, which opens the door to probation instead of state prison. In some cases, the court may consider a suspended sentence if the circumstances support leniency. Restitution to cover the victim’s medical costs can also help bring the matter to a resolution that addresses the harm without imposing a lengthy custodial sentence.
Using Experts to Challenge the State’s Case
Expert testimony can make a difference in cases involving accidental gun discharges. A firearms expert can examine the weapon, explain how it functions, and give an opinion about whether a malfunction could have caused the shot. This allows the defense to counter the idea that the defendant acted recklessly. Character witnesses can also help. People who have known the defendant for years and can speak about his history of responsible gun ownership may give the court a clearer view of his usual habits and level of care. If the defense plans to dispute the claim of serious bodily injury, a medical expert may also be needed to explain the nature of the wound, the treatment involved, and the expected recovery.
Discovery and Motion Practice
Pre-trial motions shape the direction of the case long before a jury is selected. A motion to suppress statements may be appropriate if the defendant was questioned without proper Miranda warnings or if the circumstances of the interrogation raise concerns about voluntariness. A motion to dismiss can be filed if the defense believes the facts do not support the charges as written. The discovery process is also important. The defense must obtain police reports, statements from witnesses, medical documentation, and any other materials the state intends to rely on. That information allows counsel to evaluate the strength of the case and identify areas where the state’s evidence can be challenged.
Preventing Accidental Discharges: Guidelines for NJ Gun Owners
Safe clearing procedures belong at home in a calm, controlled space. The basic safety rules apply every time: treat every firearm as loaded, never point it at anything you would not want to shoot, keep your finger away from the trigger, and be certain of what is in front of you and behind you. Clearing a handgun starts with removing the magazine. After that, the chamber must be checked both visually and by touch to confirm that it is empty. Throughout the process, the muzzle should remain pointed in a safe direction. These steps are simple, but skipping any one of them can have serious consequences.
Negligent handling reaches far beyond the moment of the accident. A single lapse can lead to criminal charges, as this case demonstrates. A conviction almost always results in the loss of a carry permit, and the person may face civil claims for medical bills, pain, and long-term effects for the victim. Many jobs will not allow employees to continue working after a weapons-related conviction. What may have started as an attempt to clear a handgun can turn into a criminal case, a revoked permit, and significant financial and personal fallout.
Your Defense Starts Here: Contact Our Morris County Weapons Defense Attorneys Today
This case is a clear example of how a lawful permit does not insulate someone from serious criminal exposure. A single mistake inside a crowded restaurant left a woman injured and placed the defendant in the middle of a second-degree aggravated assault case that carries a potential sentence of five to ten years in state prison. The fact that he was legally carrying the firearm did not lessen the impact of the discharge or the charges that followed. New Jersey places a heavy responsibility on anyone who chooses to carry a handgun, and a moment of negligence can turn into a criminal investigation with lasting consequences.
Weapons cases in Morris County are handled with close attention, especially when a gun goes off in a public place. Early involvement from a defense attorney gives the accused a better chance of securing release at the detention hearing, challenging the charges, and shaping the direction of the case before it reaches a grand jury or a plea discussion. Our firm has extensive experience defending aggravated assault cases, handling detention hearings, and navigating the rules that govern firearms in New Jersey. We offer free consultations for anyone facing weapons charges, assault allegations, or violations of the state’s gun laws in Morris County. An early, focused defense can make all the difference in how a case like this resolves.
We offer free consultations for anyone facing weapons charges, assault allegations, or violations of the state’s gun laws in Morris County. An early, focused defense can make all the difference in how a case like this resolves. Contact us today at (908) 336-5008 to schedule your free consultation.
