'Perfect Storm of Injustice'? N.J. Man Serving 7 Years for Guns He Legally Owned

'Perfect Storm of Injustice'? N.J. Man Serving 7 Years for Guns He Legally Owned

abcnews.go.com

Friends, Parents Say Brian Aitken Living a Nightmare; Prosecutors Insist He Broke Law

Buried in the trunk, beneath piles of clothes and boxes of dishes, was a black duffle bag holding a boot box containing two handguns; "unloaded, disassembled, cleaned and wrapped in a cloth," his father said.

There were also several large-capacity magazines and cartons of hollow-point bullets.

(visit the link for the full news article)

Lawful possession of a firearm in New Jersey is exemption-based!
moving from one residence to another is one of the exempt instances for carrying a weapon outside the home.
Even the FBI hasn't gone so far as to claim the carrying of a disassembled weapon constitutes concealed carry...

During the trial the judge refused to enter as evidence the fact that Brian Aitken was in the process of moving and after a two and a half day trial in August, a jury convicted Aitken of the charges and a judge sentenced him to 7 years in prison.

abcnews.go.com
(visit the link for the full news article)

Edit to add:
there is a face book group Free Brian where his friends and supporters can wish him well, and keep updated on the latest...

I heard about this case and it is extremely disturbing. Thanks for posting the thread. Will follow and add any news that I hear of. I am a gun owner and very concerned about these 2nd amendment infringements.

As an officer I have to say NJ gun laws are ridiculous, I am glad I work in VA.

I hope he gets off.

Secure

reply to post by GirlGenius


just to keep you up to date
they have filed a legal appeal in state courts, which could take six to nine months to hear, also Aitken filed a formal petition to Christie for a pardon or commutation of the sentence.

who can say where it goes from there???

I read the article and I really feel for the guy, but states' gun laws are one thing that a responsible gun owner needs to check out thoroughly and follow to the T.

The guy obviously wasn't simply moving the guns from one residence to the other, as the exemption allows. He was carrying them around in the back of the car.

It's too bad, and it sounds like the judge was wound a little tight...

allrighty then, ...

well I hope a Giant Panda escapes from the NJ city zoo, and comes across this judge while he's walking to his car, ...... confused by the judges black and white robe he forcefully takes him as his bride.

As retarded as the gun laws are in NJ, the guns he owned were only legal in Colorado where he originally purchased them. The guns were no longer legal once he moved to Jersey. It's complete BS but as long as people are unwilling to take responsibility for themselves and do their due diligence there is little you can do. It's not like he moved from Colorado to NJ and was switching over his directtv account, he was moving firearms from one state to another. yes... I read the article and know he was going from his parents to a friends when the police were called and the arrest took place but the guns were not purchased or registered in NJ and no legal.

Originally posted by Benevolent Heretic
The guy obviously wasn't simply moving the guns from one residence to the other, as the exemption allows. He was carrying them around in the back of the car.

It's too bad, and it sounds like the judge was wound a little tight...

I politely disagree...

As I just bought a new place I can say for fact that it's not so simple...

I made payment in full for our new mini farm back in Oct of 2009... didn't get the deed to the place until Jan 2010 and it took a few months work to make the old place livable again, we didn't move in until May... I can also say my move... long as it took wasn't as long of some other stories I've heard...

BTW I looked at said law and I didn't see a time limit on how long they give you to complete said move

This judge needs to be removed from the bench.

Send him into exile on some gun free island where he can be raped and eaten by the natives.

This is a pretty amazing story that really highlights cultural and national differences.

I read it and I'm thinking "Surely carrying guns and ammo in your car for a long period of time is slightly dangerous, cars not being the most secure place"

Then I think " Wow this guy was so close to meltdown that his own mother feared for his safety. If a mom doesn't know her son who does?"

Then " #, hollow point bullets, that isn't very good".

Finally I read that there's exemptions to the NJ law and one is when you're moving house. Turns out this guy thinks moving house can take several years. As a defence it sure has a few holes in it.

I also think that however "insane" the NJ gun laws are they are law and if you're moving residence you should at least check up on what your new neighbours have decided is legal and what is not.

And I see I'm way out of line on what replies others have posted. Guess that coming from somewhere where guns are fairly unusual means I just don't get the outrage from gun owners/enthusiasts.

Sure he was unlucky to get caught and obviously the sentence is massively disproportional. So is that the issue? Do you think he should have got a lighter sentence? Do you think he shouldn't have been charged at all, just given a warning? Also can I ask whether a persons mental stability is taken into account when issuing gun licences or revoked if an issue comes to light. I genuinely don't know.

Just so you know I'm really not trying to be a smart arse I really am struck by how my reaction to this story is so different to the other posters.

Originally posted by Thoriumisbest


Then " hollow point bullets, that isn't very good".

Of course thats very good.

For a handgun round, you want an HP, both for expansion reasons, and it reduces the chances of over-penetration. You certainly dont want that round going through the bad guy and hitting someone else, as it would with a regular ball round.

Already posted here three days ago..

www.abovetopsecret.com...

Good point, should have thought of that. Been watching too much CSI I think.

reply to post by Thoriumisbest


First... remember said guns (two) were locked in a trunk and disassembled... they were not ready to hand...

Okay first by law being temporary of "not so sound mind" is not grounds to make you an unfit gun owner...
It's fair to say that when my own son was murdered I went more than a little crazed but I didn't reach for a gun and no one came to take the ones I owned...

Granted the he did violate one federal law... it's written that you cannot transport Ammo and firearms together... one or the other most be in a different compartment and under lock and key... (Being disassembled might just make it transporting gun parts and not a firing weapon) Now I ask, is breaking that single law (not keeping the two separate) really worthy of a "Seven Year" sentence????

Originally posted by DaddyBare
I politely disagree...

What do you disagree with?

His magazines and bullets were illegal in the state. Yet he had them in his possession. Not that I agree with the law, but that's the way it is.

As I just bought a new place I can say for fact that it's not so simple...

Your personal circumstances are really irrelevant to this story.

BTW I looked at said law and I didn't see a time limit on how long they give you to complete said move

He can't just carry the guns around in his car for however long it takes him to move. You put them in the car, go to your destination, and unload them. That's clearly not what was happening here. He should have unloaded them into his parents' or friend's house. Wherever he was sleeping.

I think the judge is wound too tight. But the law is the law. Aitken shouldn't have been carrying the guns around in his car. He wasn't going hunting.

reply to post by Benevolent Heretic


Unconstitutional laws need not be followed. Hopefully he will challenge this all the way up to SCOTUS and watch them kick NJ in the nuts.

I think what would clear alot of this up would be a mandatory catalog compiled for all states into one central database weather it be online or in book form made available to any person who owns, purchases or is in possession of a hand gun. The whole problem in many of these cases seem to be differing laws from state/county/city nationwide. Just like an electrician has to abide by the National Electrical Code book which some government entity has to keep updated so should apply in this case, only complied from every city and state. If the local changes laws and fails to update the publicly available database with the current law then shame on them case closed. And oh my we just created more jobs and possible tax revenue for offering this service!!!

if the cops tried to take away seven years of my life for doing nothing wrong they would be at the pearly gates before they could get past "freeze" the judge and jury and states att. office should be all tried and placed in prison for seven years for .....hmmmm i dont know the same thing that this guy is going through placed in prison for nothing this guy better sue them for everything they have and then take it to the supreme court.

Originally posted by IntastellaBurst


allrighty then, ...

well I hope a Giant Panda escapes from the NJ city zoo, and comes across this judge while he's walking to his car, ...... confused by the judges black and white robe he forcefully takes him as his bride.

I would be happier if said giant panda "forcefully took him from behind" and not as his bride, it what he deserves.
The man clearly doesnt deserve to serve as a judge even in lazy town.