A state legislator in New Jersey has said he believes charges against Carlo Bellario should be dropped. We reported in January that Bellario, a stand-up comedian and actor, was shooting a low-budget movie in the Garden State, and brandished a fake rubber gun during takes in Woodbridge.

He now faces up to five years in jail.

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, according to this story from Bellario’s case hasn’t 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?”

Bellario’s attorney, Jef Henninger, also believes the case should be thrown out.

“We are trying to work with the prosecutor’s office to get the case dismissed,” said Henninger in the story. “This wasn’t my client’s gun; he was shooting a movie (and) it was his understanding that it was a prop gun. It is completely ridiculous that someone like Carlo has to worry about going to jail for holding a prop gun.”

Bellario, 48, said in the story he hasn’t been given a court date or any information about a future hearing. He has set up a GoFundMe page to raise money for legal expenses and other costs.

Although Gov. Chris Christie has pardoned individuals charged with certain gun crimes in the past, his office told that they don’t comment on pending litigation.