In this matter of first impression, the court addresses the elements of second-degree purchasing firearm parts to manufacture a firearm without a serial number, N.J.S.A. 2C:39-9(k) (Paragraph k), and the application of the territorial jurisdiction statute, N.J.S.A. 2C:1-3. In doing so, the court rejects defendant's argument that Paragraph k is comprised of one element. Instead, the court concludes Paragraph k requires the State prove defendant: (1) purchased a ghost gun kit; (2) acted with purpose to manufacture or assemble a firearm; and (3) was not registered or licensed to manufacture or assemble a firearm in this state.
Although the evidence presented to the grand jury revealed the purchase of ghost gun kits occurred in Pennsylvania, and was lawful in that jurisdiction, the State presented sufficient evidence from which the jury could infer defendant purchased the kits with the purpose of manufacturing firearms in New Jersey, satisfying the culpability element under N.J.S.A. 2C:1-14(h)(3)(b), and territorial jurisdiction under N.J.S.A. 2C:1-3(a).
The court also rejected the State's argument that defendant waived his right to appeal from the denial of his motion to dismiss the indictment when he entered his guilty plea. Although the motion was not specifically referenced in the plea form, defendant did not indicate "Yes" or "No" in response to Question 4(e), "Do you further understand that by pleading guilty you are waiving your right to appeal the denial of all other pretrial motions except the following"? Nor did defendant directly answer the court's inquiry, "Do you understand by pleading guilty you are waiving your right to appeal the denial of any and all pretrial motions you or your attorney filed?" Further, the State did not object when, during the plea hearing, defense counsel informed the court the "motion that was heard on the legality of the statute . . . can be appealed."