- Feb 13, 2001
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First off, am I the only one wondering who the fuck is the concerned family member and why they didn't tell him he was heading for an arrest?
Convicted for Transporting Guns While Moving, N.J. Gun Owner Seeks Justice
Friday, December 03, 2010
In a case that has drawn national attention, a New Jersey gun owner has been sentenced to seven years in prison for having two unloaded, cased handguns in his car trunk while moving to a new home.
In January 2009, Brian Aitken had recently returned to New Jersey after living in Colorado, and was in the middle of moving from one residence in New Jersey to another, when a concerned family member called police in response to a comment hed made about his personal life. A search of Aitkens car by the police revealed two handguns. The handgunslegally purchased in Coloradowere unloaded and contained in a locked box inside a duffel bag. (Aitken was being careful during his move; in fact, hed contacted the New Jersey State Police to learn about the states requirements.)
Despite his care, Aitken was arrested and prosecuted under New Jersey gun laws, which are highly restrictive and even more highly confusing. In New Jersey, it is generally illegal to possess a handgun without a permit to carry, but there are many exceptions to the requirement, such as possession in the home. One of the exceptions allows transportation of an unloaded and cased firearm between one place of business or residence and another when moving.
Unfortunately for Aitkenwho refused to accept a plea bargain because he believed he had done nothing wrongthe judge in the case refused to instruct the jury about the exceptions, despite repeated requests from Aitkens attorney and even from the jury itself. Lacking that information, the jury convicted Aitken and he received a harsh prison sentence.
Aitkens attorney, Evan Nappen, called the case a perfect storm of injustice. (The NRA Civil Rights Defense Fund supported Aitkens defense at trial.) At press time, Aitken is serving his sentence while his appeal is pending. He is also seeking a pardon or commuted sentence from Gov. Chris Christie. In a letter to the governor supporting Aikens clemency request, pro-gun Assemblyman Michael Patrick Carroll rightly noted that even if Aitken had committed wholly technical violations [of] wholly problematic laws, not every violation of the law warrants an indictment, let alone incarceration.
We can only hope this case will wake up more New Jersey lawmakers to the impact of their posturing on honest citizens.