Carlo Bellario-1.jpg

Carlo Bellario, 48, of Toms River, is facing gun charges after having a fake gun while filming a movie in a residential neighborhood in Woodbridge last year.

(Submitted Photo)

A state legislator believes charges should be dropped for Carlo Bellario, the actor/comedian facing up to five years in jail for having a fake gun while filming a movie in Woodbridge last year.

Assemblyman Jon Bramnick (R-Union) said he and Sen. Raymond Lesniak (D-Union) are working on a bill that would give prosecutors more discretion in cases where there was no evidence of criminal intent. Bellario's case -- which is being handled by the Middlesex County Prosecutor's Office -- has not yet been decided.

"This actor is shooting a movie with no criminal intent whatsoever ... Common sense dictates that this guy should not be facing (jail)," Bramnick said, adding, "What happened to common sense?"

The Middlesex County Prosecutor's Office did not return a call for comment.

The bill is still being formulated, Bramnick said.

Jef Henninger, an attorney representing Bellario, also believes the case should be tossed. Herringer, who has also done legal work the pro gun-rights group the New Jersey Second Amendment Society, also said there needed to be a change in state law.

Henninger said the NJSAS fully supports Bellario.

"We are trying to work with the prosecutor's office to get the case dismissed," said Henninger, whose office is in Monmouth County. "This wasn't my client's gun; he was shooting a movie (and) it was his understanding that it was a prop gun."

But he said the state needs to "fix some of the things with the law."

"It is completely ridiculous that someone like Carlo has to worry about going jail for holding a prop gun," Herringer said.

Bellario, 48, spoke to NJ Advance Media on Monday and said he hasn't been given a court date or any information about a future hearing. He said he feels like he is "in limbo," and feels anxious, considering the jail time he is facing.

"I took this too lightly," Bellario said. "And then I said, 'I got to get moving on this."

Last year in November, Bellario, of Toms River, was filming a small, low-budget, independent film called Vendetta Games, in a residential neighborhood in Woodbridge.

The director of the movie had not acquired a permit. When officers arrived, Bellario was holding the prop gun. The cast of the movie had just finished filming a scene.

Bellario has a GoFundMe page to raise money for legal expenses and other costs related to his case, which he said has exasperated the situation.

A spokesman for Gov. Christie's office said though he was familiar with the matter, the office generally does not comment on pending legislation or cases.

Spencer Kent may be reached at skent@njadvancemedia.com. Follow him on Twitter @SpencerMKent. Find the Find NJ.com on Facebook.