MAYS LANDING – A Pennsylvania man was convicted of unlawful gun possession for
having a firearm in his vehicle without a permit, acting Atlantic County Prosecutor Jim
On October 25, 2011, Michael Smith, 29, of Blakeslee, Pennsylvania, was charged with
second-degree unlawful possession of a weapon, after a firearm was discovered in his
vehicle during a motor vehicle stop in Atlantic City.
Atlantic City police conducted the stop after receiving a report alleging that Smith had a
gun in his vehicle.
After stopping the vehicle, police discovered a .45 caliber automatic glock within an
open gun lockbox on the floor of the passenger’s seat. Along with the gun, two
magazines loaded with ballpoint ammunition were also in the box.
Police determined that Smith had licensed the firearm in Pennsylvania; however, Smith
was not licensed to carry it in the state of New Jersey. It is illegal for holders of out-ofstate
gun permits to bring those weapons into New Jersey.
Smith was arrested on $50,000 bail.
During trial, Superior Court Judge Albert Garfolo explained the law to the jury stating
that, “permits must be obtained in accordance with New Jersey law. Therefore, a nonresident
gun owner may not avoid New Jersey’s gun control laws on the basis that
possession of the weapon was legal in the owner’s state of residence and that the
owner was merely transporting weapons through New Jersey without criminal intent and
knowledge that New Jersey would regard the possession as illegal.”
Today, at the conclusion of the trial, the jury returned a guilty verdict.