A motion to dismiss the indictment against James Kauffman is in court Friday.
The suspended Egg Harbor Township endocrinologist has been jailed since June 13, when a police camera caught him pulling a gun as law enforcement came to serve warrants on his practice.
Despite assurances from officers at the time that he was not being arrested, Kauffman said he wasn’t going to jail and threatened to kill himself.
In doing so, his attorney argues in the motion, he broke no laws.
Kauffman has been jailed since that day on weapons and obstruction charges. He was indicted Sept. 6 on two counts of possession of a handgun without a permit to carry, possession of a weapon for an unlawful purpose and obstruction.
But Kauffman didn’t need a carry permit to have the guns at his office, attorney Lou Barbone wrote in the 22-page motion, which also claims there is no evidence that Kauffman had any intentions of using the gun in any way other than suicide.
Barbone charges that the details of how Kauffman used the gun along with certain exceptions to the gun statute were misrepresented to the grand jurors who handed up the indictment.
In addition to being able to have the gun at his place of business, the statute also “exempts possession when it is ‘between his dwelling and his place of business,’” Barbone wrote. ”It is absurd to suggest that the state did not know that such an exemption applies.”
The motion is scheduled to be heard Nov. 17 before Superior Court Judge Bernard DeLury.