got 7 years for legally owned fire arms?

[afterhours]

I don't get it.....

Supposedly the man called and got information, about how to transport his guns properly. He got them to his new home, safely.

Then he says something that disturbed his mother (a trained social worker) enough that she called 911. Then he is found with the guns in his car.

maybe instead of a "I was moving" defense, because he clearly was not. They should have come up with something else.

the law did not change from the time he entered the state, he knew it and he broke it. he did not get convivted of owning guns, he was convicted of transporting them.

he had moved 6 months earlier.

 

[mysql]

the judge didn't allow him to have any defense. The same judge who had been booted for poor decisions prior.

It's like shooting someone in self defense, and not being able to tell the jury the other guy pulled a gun on you before you shot him. They see only that you drew and shot someone. Convicted!

 

[jtriron]

Move to Texas!!!!!

 

[afterhours]

the judge didn't allow him to have any defense. The same judge who had been booted for poor decisions prior.

It's like shooting someone in self defense, and not being able to tell the jury the other guy pulled a gun on you before you shot him. They see only that you drew and shot someone. Convicted!

that is incorrect....

in the trial the mother claimed he was moving. However, the roomate testified he had moved into the apartment in June 2008, that he had seen the weapons at the new apartment in Sept. 2008. This was 6 months before the arrest in 2009.

the article says he was not allowed to bring up a new argument that he was moving during the attorneys closing argument....which is correct, you cannot bring up new facts or arguments in your closing statement..

 

[Blanca BusaLess]

Grasping for straws they were cuz they could feel a conviction coming .
Then at the last moment some brainiac paralegal probably came up with the last ditch defense of 'he was moving' .
Afterhours is right. He broke the law and was fairly convicted .
Are the law/s which he broke right and proper ?
That's another arguement for another thread.

 

[PandaNin]

This just out

N.J. Governor Chris Christie Commutes Gun Owner’s Prison Sentence

Gov. Chris Christie commutes sentence of man convicted of having guns in N.J. illegally | NJ.com

And to be clear on the facts. He moved to NJ 6 months previously yes. And he lived with his mother. He was moving his things from his mother's house to the roommates house when the police intervened. The police also noted that he had other household items in the car lending credence to the fact that he was moving. The judge inappropriately refused to allow the information to be given to the jury. The governor's commutation supports these facts.

 

[afterhours]

I am not saying 7 years is just.

I do not even agree with gun laws/restrictions strictly as it violates the second ammendment.

However, I also agree with the ability of a state, and the people of each state to enact its own gun laws, based on the what the people feel is needed.

The "I was moving" defense was blown out of the water by the roomate, who states he moved into the apartment in June, and that he saw the guns at the apartment in Sept.

be outraged, but be be outraged at the real issue.

 

[skydivr]

If this dude gets in trouble again, it's gonna look bad on Christie for the commutation...i sure hope this kid has enough sense to keep his nose clean from now on...

 

[afterhours]

The problem I have is the guy broke the law, he claims he called to verify what he needed to do. So he was aware of the laws, he chose to break the law.

this kind of brings up another issue.

States Rights.

Does the State, have the right to enact gun control laws/restrictions? Do I and other citizens of a state live as we see fit, without outsiders imposing thier beliefs upon us?

 

[StromBusa]

states & citys need to quit restricting law abiding citizens rights to own/carry, just ask the SUPREME COURT

 

[afterhours]

states & citys need to quit restricting law abiding citizens rights to own/carry, just ask the SUPREME COURT

so you are against States Right?

this is not about restricting ownership, this is about having a gun in your vehicle.I am not so sure I want people carrying guns without proper training, atleast a permit.

 

[StromBusa]

What bothers me is that I can carry here in Pa., and cannot cross the border into NY, NJ, without taking my gun home first... or be in big trouble ..."7 years..". That steps on my rights from the US & Pa. to protect myself, my family, my fellow Americans. Just because these liberal states think that they can only keep the peace by stepping on individual rights.

 

[RMS2005]

I don't get it.....

Supposedly the man called and got information, about how to transport his guns properly. He got them to his new home, safely.

Then he says something that disturbed his mother (a trained social worker) enough that she called 911. Then he is found with the guns in his car.

maybe instead of a "I was moving" defense, because he clearly was not. They should have come up with something else.

the law did not change from the time he entered the state, he knew it and he broke it. he did not get convivted of owning guns, he was convicted of transporting them.

he had moved 6 months earlier.

Nicely said, thank you. I do think the 7years is a lil rough, and as a very avid shooter and hunter myself, I dont exactly agree with the laws set forth here much less many other gun laws but in all honesty the law is the law and he said he knew it but broke it any way, A hole judge or not, its his own fault.

 

[StromBusa]

yes, he stepped in it.

 

[DaCol.]

I think ALL the Police should be arrested and sentenced to 14 years. Geezzzzzzzzzzz, they have LOADED GUNS and NOT LOCKED with extra Ammo and SHOTGUNS LOADED in their cars. Seems, reasonable to ME

After all, this guy DID call the Police and ASKED how to transport them since he was moving

 

[afterhours]

I think ALL the Police should be arrested and sentenced to 14 years. Geezzzzzzzzzzz, they have LOADED GUNS and NOT LOCKED with extra Ammo and SHOTGUNS LOADED in their cars. Seems, reasonable to ME

After all, this guy DID call the Police and ASKED how to transport them since he was moving

Are you just ignoring the fact that he moved in June, and that his roomate testified that he saw the firearms in the apartment they shared in Sept.?

he moved in June 2008, and the guns were found Jan. or Feb 2009.

 

[DaCol.]

Are you just ignoring the fact that he moved in June, and that his roomate testified that he saw the firearms in the apartment they shared in Sept.?

he moved in June 2008, and the guns were found Jan. or Feb 2009.

No, I'am not ignoring anything. But what I have heard on the News was that he CALLED the Police and told them he was moving back to Colorado. And, what was the legal way to transport the weapons. He complyed with their instructions and was arrested. His mothers call doesn't mean much to me, since they did not use that in the court case against or for him. To me it's very simple. He was a law biding citizen and has the right to own and transport his weapons based on what the Law Enforcement Laws say (assuming - and I guess here you can say he made his mistake by believing the Police- they know what they're talking about) .

 

[mysql]

according to this page, he went above and beyond nj law for the gun storage. and the hollow point bullets are also legal:

Brian Aitken Follows New Jersey Gun Laws and Now Faces 7 Years in Prison :: The 912 Project Fan Site

At the time of Brian’s arrest his guns were locked in the trunk of his vehicle, unloaded, and in wrapped in cloth and stored in a duffle bag. New Jersey law only requires they be unloaded, stored in a locked trunk, and stored away from ammunition. Which all laws were followed.

During my interview with Mr. Aitken, he also told me that he was charged with possession of illegal hollow point ammunition. According to New Jersey law, listed below, these bullets were not in violation of these laws.

N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:

(2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)].

Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition “persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . .”
N.J.S.A 26:39-3f. (1).

Judge Sheldon Franklin of Ocean County Family Court in New Jersey also chose to remove all visitation rights from Brian Aitken except 1 hour per week in the presence of law enforcement officials inside the Ocean County Family Court. Judge Franklin, according to Mr. Aitken, chose to treat him as though he were a violent criminal, even though Mr. Aitken is no longer in possession of the firearms and the charges against him are non-violent and victimless.

Morley also didn’t let the jury know that Aitken had called police in advance to make sure he was transporting his guns properly.

 

[mysql]

The worst thing about all of this, is that the pardon doesn't show innocence. This guy now has a felony on record and cannot own a handgun.

 

[Blanca BusaLess]

The worst thing about all of this, is that the pardon doesn't show innocence. This guy now has a felony on record and cannot own a handgun.

He'll have to request to have his rights repatriated as well as have his record expunged (cleaned) .