It would seem to me to be prosecutor’s discretion whether to prosecute such a case given the circumstances. Starting with the SS Storm Trooper cop who arrested this guy and proceding up the chain to the prosecutor’s office there obviously is a serious mental problem in NJ not to mention any belief in the second amendment. My dad used to be a cop in NJ long ago, I cannot envision him even arresting this guy, more probably he would have swapped gun stories with him. Alas, arrests like this is what passes for effective law enforcement in that crap hole of a state now. Add NJ to the list of states in the North East I would gladly cede back to the King.
I agree on the prosecutorial discretion; his defense attorney makes some additional sound arguments. But there are other facts to this story - that really hurt him - like he was “in abstentia” when convicted by a jury.
As a prosecutor I would have checked off “REJECT” on the intake sheet and in the blank for the reason I would have put “refer to the 2nd Amendment of the US Constitution.”
I have done it before as a prosecutor. But that was here in TX.