New Jersey man gets seven years for being a responsible gun owner.

[yellowtail3]

http://reason.com/archives/2010/11/15/brian-aitkens-mistake

You know, in some ways Rev. Wright was right about America, or at least about New Jersey. Here a law-abiding citizen is made into a criminal for possessing a legally-purchased firearm.

Gov. Christie is a good man; he really needs to come through on this one.

Brian Aitken was a finance student at NYU, an economic scholar at the Foundation of Economic Education, a father, an entrepreneur, mountain climber, and so many other things. One of the things that he was not, however, was a criminal. No one, not the judge, jury, or prosecutor disputes the fact that there were no victims in Brian Aitken’s case. Regardless, he’s currently serving 7 years in state prison for a crime that thousands of people maintain he didn’t commit.

On January 2, 2009 Brian was arrested for illegal possession of firearms while moving from one residence from another. All of the firearms were legally owned—Brian passed three different FBI background checks to purchase and had even cleared an FBI screening for employment as a data researcher handling confidential information for a banking security software firm. His integrity, character, and right to own was not in question…so what was?

Marriage comes apart (been there) and now the state is screwing him. Support the man.

Please send Brian a Christmas note or letter of support at:
Mid State Correctional Facility
Brian Aitken SBI 737585C
P.O. Box Range Road
Wrightstown NJ 08562
http://reason.com/archives/2010/11/15/brian-aitkens-mistake

[Tommyt]

Thats Just Discusting

 

Tommyt


"New Jersey gun laws are insane," Nappen says. "It makes a criminal of every gun owner and forces him to prove his innocence." Worse, in 2008 the New Jersey legislature and then-Gov. John Corzine changed the law to make the penalty for possessing a gun the same as the penalty for using it to commit a separate crime. That means someone like Aitken gets the same punishment as someone who assaults another person with a gun. In November 2008, New Jersey Attorney General Anne Milgram issued a directive (PDF) urging the state's prosecutors to apply the new law "vigorously," "strictly," and "uniformly."

[Conan The Librarian]

Dat be why we don live in no new jersey. Dat jus be one zample of deem jersey laws.

[wreckhog]

Every state basically has the same laws. You can't have handguns in the state unless you are resident of a state with no licensing requirements, licensed in state, licensed via reciprocity, LEO, ex-LEO, sanctioned competition, FFL, or security.

I am a little confused by this story. He had 2 handguns. And no NJ permit for them. 7 years is a bit rough, but he does not seem to be innocent.  How is Plaxico liking jail?

The other thing is that he is politically connected. He is the web site developer for Jeffrey Miron. There is a lot of spin in this story.

http://jeffreymiron.com/

You would think that if it was such a travesty, there would be more detail, rather than the same cut and paste posted everywhere.

[yellowtail3]

Every state basically has the same laws. You can't have handguns in the state unless you are resident of a state with no licensing requirements, licensed in state, licensed via reciprocity, LEO, ex-LEO, sanctioned competition, FFL, or security.

I am a little confused by this story. He had 2 handguns. And no NJ permit for them. 7 years is a bit rough, but he does not seem to be innocent.  How is Plaxico liking jail?

The other thing is that he is politically connected. He is the web site developer for Jeffrey Miron. There is a lot of spin in this story. ...
You would think that if it was such a travesty, there would be more detail, rather than the same cut and paste posted everywhere.

I dunno, wreck, seems to me that being SENT TO PRISON for possessing to guns you legally purchased, is travesty enough. I don't get the 'Plaxico liking jail' reference - who is he, why do you make the reference, and what does he have to do with this fellow being locked up for... what crimes? Hadn't hears of Myron... but if the guy is an unelected Libertarian, that doesn't strike me as a whole lot of politically connected - what are you thinking on that?

Just as an aside... the idea that ex-LEO should be priviliged to possess carry weapons before the rest of us unwashed, is absolutely poisonous. I spit on that arrogant sense of entitlement, that essentially says that their lives are worth more than mine (or yours) and that laws apply to other people.

[wreckhog]

Plaxico is a football player. Not a criminal, paying taxes on the several $Million he made each year, a hero to children, connected up the wazoo to folks running the country, etc. A NY Giants player that transported a handgun into NYC and is currently serving 2 years for that stupidity. He was licensed in NJ and FL I believe. He had the money and the connections to get a celebrity type NYC CCW permit. Like Howard Stern, Marc Anthony (J Lo's husband), Opie or Anthony (I forget which one has it), etc. He just never bothered.

Handgun permits are local (city, county or state) permits. Is that not the case where you live? Bring a handgun into another state (vs through another state) and not be hunting, competing, working armed security, going to a range, going to a gun shop, having a non resident license or a license with reciprocity, then life can turn around pretty quickly.

[wreckhog]

I think that a big part of the issue is that Aitken was not a NJ man. He was a CO man, in NJ, with unlicensed handguns. His defense appeared to be that he was moving guns between residences. Which seems likely. Thing is, it was illegal for him to have the guns in his destination, the NJ residence, since he was not licensed. And if CO was no longer his primary residence, that was no good either. So his defense is a bit of a loophole. Which the judge steamrolled over. Could he have claimed to be bringing the guns to a police station or an FFL until he was legal? Could he have claimed that he was going to Delaware which recognizes Colrado reciprocity? Basically he is being penalized for not shutting his mouth and lawyering up.

[1marty]

I live in NY and go to a gun club in NJ to shoot. I've heard all kinds of horror stories about how the yokel docal cops in some of these small towns arrest you if you stop on your way to and from the firing range. I therefore applied for a NJ firearms ID card through the state police. It took me 2 months to get an "appointment" with the police. When I arrived they kept me waiting over an hour before the officer took my application. A month later they sent me for "finger printing". I didn't hear anything for 2 months and when I got a hold of an officer they told me the finger prints didn't come out. Back to get finger  printed. Two months later not a word. After repeated calls I finally called the head of the state police. In two hours I was called back by the local office to pick up my FID. It seems even if you want to be an honest citizen they make it tough.

[nomosendero]

I live in NY and go to a gun club in NJ to shoot. I've heard all kinds of horror stories about how the yokel docal cops in some of these small towns arrest you if you stop on your way to and from the firing range. I therefore applied for a NJ firearms ID card through the state police. It took me 2 months to get an "appointment" with the police. When I arrived they kept me waiting over an hour before the officer took my application. A month later they sent me for "finger printing". I didn't hear anything for 2 months and when I got a hold of an officer they told me the finger prints didn't come out. Back to get finger  printed. Two months later not a word. After repeated calls I finally called the head of the state police. In two hours I was called back by the local office to pick up my FID. It seems even if you want to be an honest citizen they make it tough.

It seemed like I was reading about another country when I read your post, but I guess I was. I havn't traveled to the North East since 2000, thanks for the reminder that I don't need to, or should we call it the Far East?