During the evening of Saturday, February 8, 2020, Roosevelt Twyne, 25, was stopped by members of the Roselle Park Police Department for a motor vehicle infraction. When stopped, Mr. Twyne had a loaded handgun in a holster on his person, as well as two additional magazines. Some of that ammunition included what were believed at the time to be hollow-point rounds. A gun box was also found in the car; however, the firearm was not in the gun box at the time of the stop.
Mr. Twyne, who is an employee of Brinks, produced a permit to carry the weapon, which was subject to certain conditions. In particular, the permit was expressly limited to the time he was on-duty with Brinks. At the time of the stop, Mr. Twyne was not on duty with Brinks – and, accordingly, he was not legally permitted to carry a weapon at that time. He was, therefore, charged with the unlawful transportation of a firearm, in violation of N.J.S.A. 2C:39-9(d), and the possession of hollow point ammunition, in violation of N.J.S.A. 2C:39-3(f).
The matter was transferred to the Union County Prosecutor’s Office for prosecution, and this Office has since investigated the circumstances surrounding the incident. That investigation confirmed the limitations placed on Mr. Twyne’s carry permit, namely that Mr. Twyne was permitted to carry a weapon “only while in the performance of duties during working hours at Brinks” and that “Brink’s [sic.] will be responsible for the adequate safeguarding of the weapon during periods when employee is off duty.” The investigation showed that the motor vehicle stop occurred approximately 16 minutes after Mr. Twyne clocked out of work. It also showed that Mr. Twyne was cooperative during the motor vehicle stop, and that he responsibly reported the presence of his weapon to the officers involved. Finally, the investigation showed that the ammunition recovered were manufactured with a polymer filling inside the hollow tip.
In light of that investigation, this Office has concluded that, although probable cause existed to arrest and charge Mr. Twyne at the time of his arrest, it is not in the interests of justice to continue his prosecution. In particular, this Office notes that the motor vehicle stop occurred shortly after Mr. Twyne had left work; that he possessed a gun box, which, if utilized, would have made it legal for him to transport the firearm home; that there is no evidence one way or another as to whether his failure to utilize the gun box was intentional; and that at no point during the motor vehicle stop did he pose any danger to the police officers involved.
It is also noted that, although featuring a hollow nose, the specific ammunition in the possession of Mr. Twyne is not illegal under New Jersey law, due to the polymer filling inside the hollow tip. Accordingly, this Office has elected to exercise its prosecutorial discretion and has administratively dismissed all charges pending against Mr. Twyne.