Police in hasbrouck heights arrested an indiana man after responding to a report of a possible shotgun at a route 17 hotel and seizing a loaded bb air rifle.
Police in Hasbrouck Heights arrested an Indiana man after responding to a report of a possible shotgun at a Route 17 hotel and seizing a loaded BB air rifle.

New Jersey Police Arrested Indiana Man for Having a BB-Gun, Considered a Toy in Most States

Police responded to a Hasbrouck Heights hotel after receiving a report of what was believed to be a shotgun and found a 42-year-old Indiana man with an air rifle.
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1 min read
September 3, 2026
  • Eric Matthew Smith, 42, of Elkhart, Indiana, was arrested at a hotel on Route 17 in Hasbrouck Heights.
  • Police seized an air rifle loaded with 4.5mm copper BB pellets after responding to a report of a possible shotgun.
  • Smith was charged with third-degree possession of a loaded rifle under New Jersey law.

HASBROUCK HEIGHTS, NJ — A 42-year-old Indiana man was arrested after police responding to a report of a possible shotgun at a Hasbrouck Heights hotel found him with a loaded BB air rifle, according to information provided about the arrest.

While BB guns are considered toys in most other states, in New Jersey, illegally owning one without a firearms purchasing permit carries the same criminal penalties as a real firearm.

Eric Matthew Smith of Elkhart, Indiana, was staying at the Hilton Hotel on Route 17 when someone reported seeing what they believed was a shotgun. Police responded and located Smith in the hotel parking lot.

Officers seized an air rifle that was loaded with 4.5mm copper BB pellets. Smith was subsequently charged with third-degree possession of a loaded rifle.

New Jersey firearms law includes certain weapons that fire projectiles through compressed air, spring action or similar mechanisms within its statutory definition of a firearm. That classification can subject possession of qualifying air guns to firearms regulations that differ significantly from those in some other states.

A third-degree crime in New Jersey can generally carry a potential prison term of three to five years and a fine of up to $15,000 when applicable under state law. Smith has only been charged, and the charge against him is an allegation.

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