NJ Sends Man to Jail for Possession of Legally Pur

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EmptyTimCup

Guest
:faint:


Brian Aitken's Mistake
A New Jersey man gets seven years for being a responsible gun owner.

To buy a gun in New Jersey, you must go through a laborious process to obtain a "purchaser's permit." But that permit doesn't entitle you to possess a gun. A few select groups of people, mostly off-duty police officers and security personnel, can obtain carry permits. But anyone else with a gun is presumed to be violating state law and must defend against the charge of illegal gun possession by claiming one of the state's exemptions.


Evan Nappen, who is representing Aitken in his appeal, likens the process to claiming self-defense in a murder case. "If you kill someone because they're about to kill you first," he says, "you're still guilty of homicide. You have to prove you should be granted the exception for self-defense. It's the same thing for just about all New Jersey gun owners. You're guilty until you prove that you're innocent.”

The exemptions allow New Jersey residents to have guns in their homes, while hunting or at a shooting range, while traveling to or from hunting grounds or a shooting range, and when traveling between residences. Brian Aitken claimed he was moving between residences, and there is pretty strong evidence that he was. Sue Aitken testified that her son was moving his belongings from her house to his. So did Aitken's roommate. One of the police officers at the scene testified that Aitken's car was filled with personal belongings.

Yet Judge Morley wouldn't allow Aitken to claim the exemption for transporting guns between residences. He wouldn't even let the jury know about it. During deliberations, the jurors asked three times about exceptions to the law, which suggests they weren't comfortable convicting Aitken. Morley refused to answer them all three times. Gilbert and Nappen, Aitken's lawyers, say he also should have been protected by a federal law that forbids states from prosecuting gun owners who are transporting guns between residences. Morley would not let Aitken cite that provision either.

In response to a query about why Aitken wasn't granted the moving exception, the Burlington County Prosecutor's Office replied via email, "There was no evidence produced at the trial by the defendant that warranted such a defense." Gilbert says that isn't true. "We put on plenty of evidence that Brian was moving," he says, "including testimony from his mother, his roommate, even the police officer who arrested him."
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Vince

Vince

......
Sounds like he got screwed by some anti-gunner judge. I didn't think there was a state with worse gun laws than Maryland, but New Jersey comes close.
 
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EmptyTimCup

Guest
case law in NJ has made it ; mere possession of a Firearm makes you a Criminal and you must prove you are not ......


seems a bit ass backwards :faint:
 
Aerogal

Aerogal

USMC 1983-1995
Isn't this the same state that says it's legal to have sex with an animal as long as the animal doesn't protest?
 
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Inkd

Active Member
It's been a long time since I lived in New Jersey and when I retired the crappy firearms laws is one of the main reasons I didn't go back. However, from what I read in a thread on another site, it wasn't the posssesion of the firearms that got him, it was the high capacity magazines he was in possesion of and the hollow point bullets he had. I could not get the link from the other site to load so I'm just going on what others had posted. Regardless though, New Jersey has probably the worst gun laws in the country, maybe only second to The Peoples Republic of Kalifornia.
 
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Inkd

Active Member
Okay, I got the link to work that was posted in the OP's message. Man, that is some serious BS!!!!!!!! although i'm not sure about which permit they are talking about to posses a firearm? I think they may be talking about the NJ firearms identification card? It used to be, in order to purchase a firearm in the state you had to first obtain a firearms identification card which enabled you to buy long guns, rifles/shotguns, over the counter just by filling out the paperwork. In order to buy a handgun you had to have the firearms ID card and obtain a handgun purchase permit, which was a real PITA!!!!!! I never remember having to have an identification card to be in possesion of a handgun that was locked, unloaded and stored in the trunk of your car?? If so, i'm never, ever taking a firearm into that state again. That is just F'n crazy!!!!
 
ImnoMensa

ImnoMensa

New Member
Inkd said:
It's been a long time since I lived in New Jersey and when I retired the crappy firearms laws is one of the main reasons I didn't go back. However, from what I read in a thread on another site, it wasn't the posssesion of the firearms that got him, it was the high capacity magazines he was in possesion of and the hollow point bullets he had. I could not get the link from the other site to load so I'm just going on what others had posted. Regardless though, New Jersey has probably the worst gun laws in the country, maybe only second to The Peoples Republic of Kalifornia.
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This whole story is filled with insanity and fate like consequence's.

First the guy and his wife separate, and he tells his Mother that life isnt worth living.

His Mother a Social worker. (Oh Gawd) dials 911 ,but then realizing that could be a huge ####ing mistake, hangs up. 911 being what it is got her address off the identifying mechanism and sent a police officer over to check it out.

He arrives and locks her son up for having a broken down and unloaded gun in the trunk. along with some ammo and a couple of large clips that are illegal in New Jersey.

The whole thing could have been solved with a small amount of common sense, but stupidity kicked in, the man was arrested and came before a nut case Judge and Prosecutor, and is now in prison for 7 years.

Life (fate) sure dealt this guy some crappy cards.

Ted Kennedy drowned a woman and walked free. Charlie Rangel didn't pay his taxes for 17 years and got his wrist slapped. This guy was just moving from one apartment to another and got hosed big time.
 
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