Brian Aitken in New Jersey prison for legal firearms

Wow, did a 5 year old scan that for him? This guy is in the tech/marketing world?

His attorney makes the judge sound unreasonable, but that is his job.
 
Read the PDF listed by DogoDan, most of the defense for possession seemed to be based on lawful transportation issues. However, the listed defense for the hi-cap magazines was that the police never tested the guns to see if the magazines could actually fire 15-rounds, not just hold them. This part seems pretty weak.
 
There well may be more than meets the eye in this case. It appears that Aitken stopped to visit his parents at their home while enroute from his old house to his new one. The FOPA requires the trip be made directly with only such stops as are reasonably necessary.

If that is the case, then the FOPA requirements weren't met, and the judge would have been right in refusing to allow the defense to put up an FOPA defense.

Mind you, I don't agree with NJ's prosecuting Mr. Aitken (or much else that NJ does), but this may not have been so outrageous.
 
Wally, I don't buy that either. I suspect that for most of us, the various gun bits we have around the house work together like you would think they would. Yes, that silly 30 round mag will fit in my Glock and feed about 25 rounds before it jams because the spring is old.

Gary, that's getting pretty picky and anti-family in the interpretation of the FOPA, don't you think? I think the idea of the law is that you can't move from Florida to Louisiana with a detour through Maine. In any case, the defense claim is that New Jersey law also has a transportation exemption that covers Mr. Aitken.
 
I'm more inclined to read the article than watch the video, but did anyone else try to watch the video of Judge Napolitano linked in the topic post?

"This video is no longer available because the account was terminated due to repeated copyright violations."

Hmmm.
 
Why the hmmmm? Are you somehow suggesting that Judge Napolitano's opinion in this matter is somehow more or less valid simply because someone posted a video on Youtube without getting the copyright owner's (more than likely Fox News) permission? How does that reflect on anything he might have said?
 
I'm not so much suspicious of the Judge or what he said as I am of the person who posted it without authorization. Another example in my view of the fact that there is no such thing as a complete story here yet. I'm not ready to call Brian Aitken a whining criminal like WildAlaska has yet, but I'm not completely buying this story since it's pretty obvious we only have part of his side, almost none of the other side.
 
I'm not ready to call Brian Aitken a whining criminal like WildAlaska has yet, but I'm not completely buying this story since it's pretty obvious we only have part of his side, almost none of the other side.
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I try not to be prejudiced....I call them all whining criminals until their convictions get reversed:D

WildexceptinthemostblatentlyobviouscaseswhichthisoneseemsnotyetAlaska ™©2002-2010
 
Fair enough, but it seems a policy unlikely to lead to reversals of wrongful convictions. Some of us have to turn over the pile a few times for that to happen.
 
Brian Aitken and the BS from New Jersey.

I am very greatful that I left New Jersey and I really feel sorry for Brian and his family. He was perfectly leagal but New Jersey has to interfer with everything and now this mans life is destroyed just like they do everyone else's. I didn't get out of that gargage state in time. Brian I will be praying for you and your family.
 
Another tidbit of information in this new thread:

The Burlington County Prosecutor's Office and former Superior Court Judge James Morley said Aitken and his legal team tried during closing arguments to raise an issue related to Aitken's moving that wasn't presented during the trial, but Morley wouldn't consider it. Aitken remains in prison pending his appeal.
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Why was this issue not considered during trial, I wonder?
 
I found it difficult to get an un-biased article about this case. Most are pro-gun and right wing. It does seem that there was some sort of run in with his ex-wife before his arrest. He was moving from Colorado to New Jersey and had his pistols stored as per Ney Jersey law. Too bad he forgot to get rid of his ammo and he had high cap mags (illegal in New Jersey) in the truck with his guns.
I don't agree with New Jersey's laws; but I don't live there.
Many east coast states have very restrictive gun laws.
Did New Jersey have the right to convict him? Yes
Is this a miscarriage of justice? Probably
1. The police could have just warned him that he was not in compliance with New Jersey law. They could have also just taken his ammo and magazines. They choose to arrest.
2. The district attorney could have choosen not prosecute. He went for it.
3. The judge could have been lenient. He was not.
I think the whole case comes down to the 911 call and the possibility domestic violence. There is a lot here we just don't know.
 
Get use to it, your living in a country that has been taking "your rights" away a little bit at a time and you never new it. Why ? How ? cause we're to dam lazy to demand the federal and state governments to uphold "our constitutional" rights, and as long as a right is lost and doesn't personally effect someone, they don't care about the next person, on till it's to late. My .02
 
dlb435 said:
It does seem that there was some sort of run in with his ex-wife before his arrest....I think the whole case comes down to the 911 call and the possibility domestic violence.
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His wife canceled planned visitation with his son. Is that a "run in" that suggests domestic violence? Is there any credible suggestion of domestic violence, anywhere? I have not seen it.

This article has new information.

The only way to lawfully possess firearms in New Jersey is through exemptions to the law like driving to and from a shooting range or moving residences. However, as they are exemptions from the law they must be raised during trial therefore removing the presumption of innocence for the charge of possession.
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Hmmm... bit of a Catch 22 there.

Several witnesses, including the arresting officer, testified that not only did Brian have multiple residences but that his car was packed with his personal belongings–so much so that it took the police 2 hours and 39 minutes before they found Brian’s guns locked and unloaded in the trunk of his car, exactly as NJ law dictates. Brian knew this because only days earlier he had found out through the NJ state police how to legally transport his firearms in NJ. The officers, believing Brian had done nothing wrong, then offered to leave the firearms at his parents’ house, but when they wouldn’t fit in his father’s safe the supervising officer decided to arrest him instead.
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That makes no sense, and makes me wonder if it really happened that way. If it did, I'm speechless. :eek:
 
Is there any credible suggestion of domestic violence, anywhere? I have not seen it.
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I ask because this is the second forum discussion I have had about this case in which someone has alleged domestic violence, but I have yet to see any evidence of it.
 
Some details are beginning to emerge.

"However, his roommate testified that they had been sharing the Hoboken apartment since June 2008, and that he had seen the guns at the apartment in September 2008," Bewley wrote. "[Aitken's] mother testified that he had been living in Hoboken and working in New York City since June 2008. This incident occurred in January 2009."
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The person quoted, above, is a spokesman for the Prosecutors office. Assuming this is a true statement, then Aitkins had moved to New Jersey 7 months prior to the arrest.
 
heres the NRA's story http://www.nraila.org/Legislation/Read.aspx?ID=6087

I heard on the news today "Brian Aitken's case is currently under review by the Governor of new jersey Chris Christie" (not sure if that's true,it was on the news.) Being a resident of NJ, this case deeply concerns me. It's been the talk of the NJ firearm community lately, hopefully something is done about it.
 
Al, that may well be true, but it takes some of us longer to move than others. As long as you're in a kind of temporary situation and a lot of your stuff, possibly including guns, is still packed up, you're still moving in the sense that you have not yet moved to your eventual residence.

In my case, I moved here from Miami over a period of about 6 months, carrying more and more stuff each time I came over for a week, and carrying little or nothing on the return trips.
 
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