STATE OF NEW JERSEY VS. ERIC SHELTON (13-04-00935, ESSEX COUNTY AND STATEWIDE), A-0944-15T4

Police stopped Eric Shelton after believing he matched a burglary suspect description; during a frisk they found a .32 caliber break-top revolver in his front pocket.
Shelton told the officer the gun was unloaded, then struck the officer and fled; he was later arrested.
A grand jury indicted Shelton on three counts, including second-degree unlawful possession of a handgun (N.J.S.A. 2C:39-5(b)).
Shelton moved to dismiss the handgun count, arguing the revolver was inoperable and had lost the characteristics of a handgun.
Lt. Peter Carbo, stipulated ballistics expert, testified the revolver (circa 1907) was currently inoperable because about one-third of the barrel was missing, but could be made operable by replacing the barrel.
The trial court denied the motion relying on precedent that a handgun is defined by original design unless so mutilated it no longer retains essential characteristics; Shelton pled guilty to the handgun count and appealed the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the device was a "handgun" under N.J.S.A. 2C:39-1(k) (original design test)	The State: device was originally designed as a revolver, so it is a handgun even if temporarily inoperable	Shelton: the gun was inoperable and so mutilated/altered that it lost essential characteristics and thus is not a handgun	Court: Affirmed — statute and precedent define handgun by original design; operability not required unless device is so mutilated it forever lost gun characteristics; expert testified it could be made operable, so sufficient evidence to deny dismissal.

State v. Gantt, 101 N.J. 573 (N.J. 1986) (handgun/firearm determined by original design; exception where device is so mutilated it no longer qualifies)
State v. Orlando, 269 N.J. Super. 116 (App. Div. 1993) (inoperable gun still a firearm when original design and characteristics remain)
State v. Morgan, 121 N.J. Super. 217 (App. Div. 1972) (whether device retains essential firearm characteristics can be a question of fact)