Brian Aiken's conviction overturned in NJ

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The reporter is wrong about the HPs, as is usually the case. Hollowpoints are not illegal in NJ in most cases, and if he was legally transporting the firearms between "approved" locations then the HPs are not illegal. It wasn't clear from the story, but I'm sure the HPs were dismissed too.
 
The decision is here.
We reverse his conviction on count one because the trial judge erred byrefusing to charge the state exemption. As to count two, we reverse the judge's denial of the motion for a judgment of acquittal, having determined that the State did not prove all the elements of the offense. Consequently, we reverse that conviction and order entry of a judgment of acquittal. Finally, we affirm the conviction on count three.
I believe the entered judgment of acquittal is the same as a jury verdict; the prosecutor cannot appeal the appellate court's ruling. Aitken will appeal his ammo conviction to the NJ SC:
The hollow point ammo charge was upheld, but we aren't done yet. This creates a strange legal situation in which you can bring your guns to your new residence while moving, but not your ammo. So when you sell your house remember the buyer gets the refrigerator, the window treatments and your stash of hollow point ammo.
 
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What's the chance of him getting his ammo conviction overturned?




I guess it's like saying, "You can have free speech but pens and pencil's are illegal."
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it seems he was driving around in NJ with contraband.
If so, that was unwise. No one should flout the law, except as civil disobedience (and if then, with full expectation of paying the penalty). Good for you for being so scrupulous.

But what's done is done; and I'd much rather see an anti-gun DA be told he's full of horse-pucky than have a scofflaw who meant no one any harm go to jail.
 
2C:39-3. Prohibited Weapons and Devices.

f.Dum-dum or body armor penetrating bullets. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who knowingly has in his possession any hollow nose or dum-dum bullet, or (2) any person, other than a collector of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms, who knowingly has in his possession any body armor breaching or penetrating ammunition, which means: (a) ammunition primarily designed for use in a handgun, and (b) which is comprised of a bullet whose core or jacket, if the jacket is thicker than.025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and (c) is therefore capable of breaching or penetrating body armor, is guilty of a crime of the fourth degree. For purposes of this section, a collector may possess not more than three examples of each distinctive variation of the ammunition described above. A distinctive variation includes a different head stamp, composition, design, or color.

2C:39-6 Exemptions.

f.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

(1)A member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

(2)A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

(3)A person transporting any firearm or knife while traveling:

(a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

(b)Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or

(c)In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;

(4)A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signalling device approved by the United States Coast Guard.


Interpret at your own peril.........
 
From what I have read, it seems he was driving around in NJ with contraband.

I do not like the law but I obey it.

I don't know what you read, but it was inaccurate. He was moving from his place of current residence to a new place of residence. No one disputed that to be the case. The "arresting officer" stated that he thought Aitken was moving as the cars trunk was packed with clothing and other personal items. Under New Jersey law, that was legal, which lead to the Appellate Court throwing out that conviction because the original Judge was an incompetent idiot among other miscarriages of justice, which got him removed from the bench. Ideally the prosecuting attorney should be charged with prosecutorial misconduct for falsely charging Mr. Aitken in the first place.
The nonsense about the hollow-point cartridges is just that nonsense, it is legal to possess, use at the range, or hunting, just not to shoot anybody with unless you are law enforcement, or as I understand you are defending yourself in your home.

The reason that charge seems to be allowed to stand is that in all the exemptions under the law for the possession of hollow-point ammunition, they forgot to include moving it from one home to another, although they did exempt almost everything else.
 
The State of NJ needs to be taken to their knees by the US Supreme Court, and then the pro gun folks prevent any anti-gun legislation to replace the garbage they have. That would give them the best constitutional carry, no laws at all.
 
The reason that charge seems to be allowed to stand is that in all the exemptions under the law for the possession of hollow-point ammunition, they forgot to include moving it from one home to another, although they did exempt almost everything else.

I would appeal to the NJ Supreme Court on the ground that the hollow point statute is inoperable.

What are you supposed to do with the hollow points legally possessed in your home when you move?

Leave them so they can be played with by the children of the next family that moves in?
 
The reason that charge seems to be allowed to stand is that in all the exemptions under the law for the possession of hollow-point ammunition, they forgot to include moving it from one home to another, although they did exempt almost everything else.

I'll bet the real reason that conviction was allowed to stand is the powers that be are deathly afraid Aiken will sue for violations of his civil rights.
 
It's a small consolation, but at least now with just the single 4th degree conviction, he can have it expunged in 5 years, and get his 2A rights back.
 
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