BaltimoreBoy
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This is what jury nullification is for.
7 year prison sentence for legal purchases of firearms
- Thread starter usmarine0352_2005
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Blue Brick
Member
CA has OC but it has to be unloaded.
rscalzo
Member
Christie is an idiot. He took care of his brother who was under investigation and due for indictment for fraudulent stock trades and practices involving Goldmasn Sachs.. He has cost the state almost a billion in lost funding. he hasn't done a thing except travel all over the state for photo ops for his move to the big time. He thinks he's a front runner for the election in 2012. Another politician with no experience running for President...where have we heard that before.
While spending more than any other Govenor on his travels and his staff is larger than any before him, he hammers at the working man as the criminal of the state. Any time he screws up, it's someone else's fault as in the case of the bungled education grant application. his own staff has left after only less than a year.
Plus you think he's going to help, think again... He only man it in because of the Anti-Democratic sentiment going around.
The defencants biggest problem was not hiring a decent Criminal Defense lawyer.
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1stmarine
Member
This case must be appealed to the supreme court.
This man must be freed and compensated.
State and Federal legislators are a disease.
This man must be freed and compensated.
State and Federal legislators are a disease.
1stmarine
Member
The criminals love these state and federal ban laws. They can steal, rape and murder w/o fear that the citizens will have the means to defend themselves.
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THE DARK KNIGHT
Member
Huh? What the heck are you talking about?
As for the people talking about Christie - I hope he makes the right decision and pardons Brian, but I wouldn't get my hopes up. Christie is just as anti gun as anyone, and as far as the rest of his politics, rscalzo is dead on.
Christie said he will have a decision before christmas in response of whether to pardon/commute his sentence or not. Genuinely, he would let the guy rot, but I don't think he will, because it would really hurt his chances at the "big time" that he's looking for after his time as governor. That said I doubt he would pardon him either, since he wouldn't want to give the very anti-gun residents of NJ the idea that he somehow likes the second amendment. I am guessing he will commute his sentence, or possibly have him released and granted a new trial where he will be convicted of the hollow point and high capacity magazine charges against him.
bushmaster1313
Member
The more I read about this the more I think there is something that we don't know.
I can only speculate that the Judge was convinced that the defendant had been keeping this contraband in his trunk for quite some time, and that if he did not treat this defendant as he would any other violator of the state gun laws other criminals could plead violation of equal protection.
I can only speculate that the Judge was convinced that the defendant had been keeping this contraband in his trunk for quite some time, and that if he did not treat this defendant as he would any other violator of the state gun laws other criminals could plead violation of equal protection.
If all is as it seems this case is absolutely :banghead: I will be watching the out come of this as I suggest all of us do. if this goes south I hope all of us write letters and place phone calls to the great state of NJ. Christie is an idiot and should realize that this is an idiot move, If not lets tell him!
Carl N. Brown
Member
His transport of the guns between residences was legal under an exemption (defense) in the law that the judge in the case refused to read to the jury. The jury asked more than once to be read the specific exemptions (legal defenses) in the law but the judge got curt with them, as though they were out of line.
There is a difference between carrying a gun as a weapon and transporting it as property and NJ law theoreticly makes a difference. The guy got seven years for a non-crime.
The same judge acquitted a guy for sexually abusing calves based on his surmise that the calves had no way of understanding they were being abused by the guy, so in absence of the calves knowing they were sexually abised, no crime had occurred. I believe that judge was taken off the bench for other questionable judgements.
Sending a man to seven years when he had a legal defense (transporting unloaded guns between residences is not carrying weapons under the law) is the kind of thing that breeds disrespect for "law and order".
THE DARK KNIGHT
Member
The scary thing about this conviction is simply the manner in which Aitken was convicted. In NJ, as you know, it is illegal to have a handgun outside your home/fixed business unless you fall under an exemption such as moving, going to the range, coming home from a gun shop, etc.
Mr. Aitken has clothes and dishes in his car, the officer even testified that, but the judge refused to allow that as evidence of him falling into an exemption (or even telling the jury there is an exemption for moving)
What is so frightening about this is that it could happen to anyone in NJ. Just think for a second if a judge decided that you having targets and earplugs in your trunk was not sufficient enough to prove that you were under range exemption.
It may sound gloom and doom, but this case sets a precedent that anyone in NJ, acting 100% lawfully and in compliance with the laws, can find themselves in prison anyway after a routine traffic stop.
merlinfire
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You have a point. If a judge can just ignore part of the law if he wants.....
Well, I'd appeal to the state supreme court. I mean, someone has to respect the rule of law, right?
SwampWolf
Member
My thoughts exactly. There must be something more to this story!
If not, what a sorry state of affairs our precious Republic is in. New Jersey is still located in America the last time I checked for Pete's sake!harmon rabb
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This story just reinforces that if you want to exercise your 2A rights, you need to live in a state that actually recognizes the 2A.
Carl N. Brown
Member
Before moving to NJ the guy checked out the law and was trying to follow it. He was moving the guns unloaded, cased, in the trunk; he was not carrying them in the car for use as weapons. In NJ it is not just the 2A that is ignored. The judge refused to read the entire law to the jury after they requested an explanation of the exemptions (defenses) allowed under the law. Transportation unloaded between residences as he was doing was allowed under the law.
Most states have a RKBA in the state constitution referring to the citizen's or the individual's right to keep and bear arms. Constitutions of states like NY do not recognize citizen's or individual's RKBA. Politicians like Chuck Schumer want to use ambiguity over the federal 2A to promote federal gun bans steamrollering over state constitutional RKBAs. In spite of Heller'08 and McDonald'10 you cannot lose sight of the fact that politicians in Cook County IL, NJ, MA, NY act like absolute monarchs above constitution and law.
Most states have a RKBA in the state constitution referring to the citizen's or the individual's right to keep and bear arms. Constitutions of states like NY do not recognize citizen's or individual's RKBA. Politicians like Chuck Schumer want to use ambiguity over the federal 2A to promote federal gun bans steamrollering over state constitutional RKBAs. In spite of Heller'08 and McDonald'10 you cannot lose sight of the fact that politicians in Cook County IL, NJ, MA, NY act like absolute monarchs above constitution and law.
JohnBT
Member
"Transportation unloaded between residences as he was doing was allowed under the law."
I believe it has to be between his residences, and not just any old residence. If he had been living with his mother, had he changed his legal address on his driver's license, taxes, insurance bills, etc? I suppose they might have argued that he was not moving from his legal residence directly to his next legal residence.
Personally, I think he got a dirty deal, but the legal aspects of the case are interesting.
And why can't you pump your own gas in NJ? And where do they get the greasy bums that man the pumps in Atlantic City?
I believe it has to be between his residences, and not just any old residence. If he had been living with his mother, had he changed his legal address on his driver's license, taxes, insurance bills, etc? I suppose they might have argued that he was not moving from his legal residence directly to his next legal residence.
Personally, I think he got a dirty deal, but the legal aspects of the case are interesting.
And why can't you pump your own gas in NJ? And where do they get the greasy bums that man the pumps in Atlantic City?
berettaprofessor
Member
If the judge acted this way, why wouldn't the jury just acquit the guy? "Not Guilty" would have been a good way to nullify the judge. What don't we know here?
sansone
Member
stories like this make me crazy mad. My dad was a life-long cop and often stated only people dangerous to citizens need be locked-away. How is this fella a danger to his fellow americans? Same with tax violations, our dictators will lock us away if we disagree with tax procedures. We need to continue our efforts educating people and shaking them to peaceful action.
GambJoe
Member
Me to. Unless I got a good job offer.
SSN Vet
Member
Last year I was recruited to jump ship and go to work for one of my current employers biggest competitors.... at their plant in MA.
Even after I expressed that I wasn't interested, they kept calling me, and started tossing out numbers that would have added up to a major salary increase.....
The more I thought about it, I became more and more turned off by the prospect of living down there. It's way to crowded....and the cost of living down there is outrageous.... and when I considered the politics and mindset of my wifes kin down there, and their extremely restrictive gun laws..... there was no decision left to make.
Sometimes it's good to count your blessings and learn to appreciate what you have.
GambJoe
Member
I can see why you wouldn't want to leave. Lived in Maine for seven years and had to move back to NY for personal reasons. The best place I ever lived.
Yes, but when you have conflicting or nonsensical laws, how does one comply
I know ignorance of the law is no excuse, but when someone makes a sincere effort to comply, how can they be held accountable if the legislature doesn't even understand the law they passed?
bigkhan
Member
So when the law is passed that says you can't own any guns, will you still be a law abiding citizen or a criminal? I know my choice.Misleading thread title.
He didn't get sentenced for what he legally bought in Colorado, he got senteced for making the mistake of transporting 'those' mags, and 'those' bullets to Kommi Jersey.
Don't get me wrong, it is a tragic injustice, and I feel for him, and his family.
And I totally disagree with the sentence.
But even stupid laws, are laws.
1stmarine
Member
the criminal will be any person that proposes, votes for or enforces any law that goes against the us constitution.
The guns are nothing. A lot more than just guns is a stake here.
A law to silence citizens will not pass. A law to arrest and seize w/o a warrant will not pass. A law to allow law enforcement to beat up people because of their religion, color or background will not pass.
A law to disarm the citizens will not pass.
These laws will never pass as they will not even be proposed.
I encourage everyone to read the constitution and to talk about it.
I feel bad for this person and i would understand if he wants to sue the police who arrested him, the judge and the state of new jersey. I would donate money to support him.
Look what just happened in chicago and now that they cannot enforce the bans anymore they put so much red tape and bureaucracy that citizens will take years to get their permits. The supreme court was very clear and these majors, politicians, layers and anyone opposing to the constitution must be brought to justice.
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