Nappen said his client is mulling whether to continue to appeal to the New Jersey Supreme Court to have the ammunition conviction overturned as well.
“It doesn’t make sense if you have a gun and an exemption that allows you to take it to your new residence and the exemption doesn’t apply toward ammunition,” he said. “Are you supposed to leave your ammunition behind like you do light fixtures and refrigerators?”
Nappen also said if the case fails in the state’s highest court, there may be a “legislative fix.”
The Burlington County Prosecutor’s Office countered Aitken’s moving defense during the trial, arguing he had been living in Hoboken and working in New York City since June 2008.
Prosecutors said Aitken’s defense failed to present sufficient evidence to establish that he was moving, and his roommate in Hoboken had testified that he had seen the guns at the apartment in September 2008.
