State v. Reininger, 430 N.J. Super. 517

Background

Hunterdon County grand jury charged Dustin Reininger with multiple firearms offenses and related counts; count eight was dismissed; trial occurred in absentia with acquittals on counts 1–2 and convictions on counts 3–7.
Defendant was sentenced to an aggregate five-year term with three years of parole ineligibility, plus monetary penalties and extradition costs.
Wester, a patrolman, observed defendant’s SUV with Texas plates in a bank parking lot; interview revealed defendant’s evasive responses and admission of some firearms.
Firearms were found in the SUV after a warrantless seizure of two cases; later a warrant disclosed twenty-one firearms, hollow-nose bullets, and a large-capacity magazine.
Defendant moved to dismiss the indictment, suppress evidence and statements; court denied these motions except for count eight; defense later argued absence at trial and challenged specific convictions.
On appeal, the court affirmed all challenged rulings and the conviction, applying both state and federal transportation exemptions and Fourth Amendment standards.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Indictment validity regarding 926A instruction	Reininger argues grand jury was misled by failure to instruct on 18 U.S.C. § 926A.	Reininger contends the federal exemption was exculpatory and should have been presented to the grand jury.	Indictment affirmed; no abuse where 926A exemption did not apply.
Suppression of evidence and statements	Evidence and statements should be suppressed as stemming from unlawful detention/search.	Wester’s seizure and subsequent searches were unlawful and tainted all evidence and statements.	Suppression denied; searches supported by reasonable suspicion, plain view, and probable cause; statements admissible as noncustodial.
Trial in defendant’s absence	Proceeding in absentia violated defendant’s right to present.	Defendant was not given valid justification for absence and his rights were violated.	Trial in absentia proper; actual notice and lack of justification constituted waiver under Rule 3:16(b).
Large capacity magazine conviction sufficiency	Large capacity magazine satisfied statute and evidence showed consistency with prohibited magazines.	No sufficient evidence to prove possession of a large capacity magazine as defined.	Conviction sustained; magazine met statutory definition under N.J.S.A. 2C:39-1(y).
Second Amendment and state gun regulations	Second Amendment protects broader possession rights against state regulation.	State gun controls violate Second Amendment rights.	State regulations permissible; Heller limits applied and do not preclude regulation.

Key Cases Cited

State v. Hogan, 144 N.J. 216 (1996) (grand jury’s accusatory role; need not weigh exculpatory evidence unless clearly exculpatory)
State v. Johnson, 171 N.J. 192 (2002) ( Fourth Amendment analysis and exceptions; standard of reasonableness)
State v. Pena-Flores, 198 N.J. 6 (2009) (plain view/exigent circumstances in automobile context)
State v. Edmonds, 211 N.J. 117 (2012) (burden to prove validity of warrantless search; probable cause standard)
State v. Nishina, 175 N.J. 502 (2003) (field inquiries and investigatory detentions; Terry framework)
State v. Roach, 172 N.J. 19 (2002) (warrantless seizure valid for officer safety under totality of circumstances)
State v. Lund, 119 N.J. 35 (1990) (Long-based interior search exception justification in certain contexts)
Bruzzese v. State, 94 N.J. 210 (1983) (plain view doctrine requirements distilled)
State v. Brown, 460 U.S. 730 (1983) (plain view/probable cause in search)
Michigan v. Long, 463 U.S. 1032 (1983) (interior search of vehicle for weapons permissible with reasonable belief of danger)
District of Columbia v. Heller, 554 U.S. 570 (2008) (Second Amendment does not protect all weapon types or modes of regulation)