In yet another example of the absurdity of some state gun laws, a man who was moving and had legally purchased hand guns in his car has been convicted and imprisoned for seven years:
When Mount Laurel police arrived at the Aitkens’ home on Jan. 2, 2009, they called Brian – who was driving to Hoboken – and asked him to return to his parents’ home because they were worried. When he arrived, the cops checked his Honda Civic and, inside the trunk, in a box stuffed into a duffel bag with clothes, they found two handguns, both locked and unloaded as New Jersey law requires.
Aitken had passed an FBI background check to buy them in Colorado when he lived there, his father said, and had contacted New Jersey State Police and discussed the proper way to transport them.
“He bought them at Bass Pro Shops, for God’s sake, not some guy named Tony on the street corner,” his father said.
New Jersey and Colorado are on opposite ends of the gun-control spectrum. In Colorado, all he needed was the background check to own the guns.
In the Garden State, Aitken was required to have a purchaser’s permit from New Jersey to own the guns and a carry permit to have them in his car.
He also was charged with having “large capacity” magazines and hollow-point bullets, which one state gun-control advocate found troubling.
…
New Jersey allows exemptions for gun owners to transport weapons for hunting or if they are moving from one residence to another. During the trial, Aitken’s mother testified that her son was moving things out, and his friend in Hoboken testified he was moving things in. A Mount Laurel officer, according to Larry Aitken, testified that he saw boxes of dishes and clothes in the Honda Civic on the day of the arrest.
The exemption statute, according to the prosecutor’s office, specifies that legal guns can be transported “while moving.” Despite testimony about his moving to Hoboken, a spokesman for the prosecutor said the evidence suggested that Aitken had moved months earlier, from Colorado to Mount Laurel. “Again, there was no evidence that he was then presently moving,” spokesman Joel Bewley said.
After Nappen raised the moving-exemption issue, he said, the jury asked Judge Morley for the exemption statute several times and he refused to hand it over to them. Morley, in a phone interview, echoed the sentiments of the prosecutor’s office.
“My recollection of the case is that I ruled he had not presented evidence sufficient to justify giving the jury the charge on the affirmative offense that he was in the process of moving,” Morley said.
Source: Philly Inquirer
The evidence, at least to this author, suggests that Mr. Aitkens was, in fact, moving. His mother, roommate and the arresting office all testified to this. He had stowed his weapons according to NJ law. He had broken no laws that warranted his car being searched.
Nonetheless, whether it was in the interest of public safety (scoff) or because the judge and prosecutor didn’t want their egos bruised, Mr. Aitkens was convicted and sentenced to seven years.
Mr. Aitkens should not have been arrested or tried in the first place. Second, the fact that he was given seven years for this victimless “crime” is a travesty and afront to the 8th Amendment of the US Constitution, which is supposed to protect Americans against excessive cruel and unusual punishments.
Can anyone rightly argue that this punishment is not excessive, unusual, or cruel? Then again, given our modern day justice system, this doesn’t seem to be too unusual.
While innocent Americans, convicted of victimless crimes, are given excessive prison sentences for nothing, Wall Street bankers responsible for the destruction of our economic system and the lives of millions are not only not convicted, they’re rarely, if ever, even indicted.
It’s ridiculous to see people like Mr. Aitken having to go through this, with no support from faceless government bureaucrats, while thieves and corrupt Congressman like Charlie Rangle or our very own Treasury Secretary are given a pass and/or reduced punishments for their unethical and criminal behavior.
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NJ’s laws are un-Constitutional. They are designed to discourage citizens from enjoying their Second Amendment rights, and many New Jersey residents who own guns legally are angry at this. Many NJ and non-NJ residents have donated money to a fund to free this poor man who was wrongfully jailed.
It angers me that liberals like Bryan Miller from CeaseFire NJ played a role in this poor man’s plight, pushing for his conviction, and using the presence of hollowpoint ammunition in the trunk. NJ law states that hollowpoint ammo is NOT illegal if possessed at one’s home or if being taken to a target range; it may also be sold to legal gun owners at gun stores without problems.
The jury was not allowed to see evidence which would have indicated this man was not guilty of any crimes. He is not a criminal. He was a young professional with much potential and now he’s in prison with rapists, murderers, drug dealers, and gangsters. Fools like the judge who sentenced him and Bryan Miller turn a blind eye, in the meantime, to the many urban gangs in places like Newark and Camden; to the Lations of MS-13 who have a presence in NJ. These elements are the real threat – they own many illegal guns and have no qualms about using them. Mr. Aitken did nothing of the sort and did his best to follow NJ laws, and yet was cornholed for it.
NJ is a socialist people’s republic.
Those who wish to help Brian Aitken may donate money here. I and another friend donated money.
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When he arrived, the cops checked his Honda Civic and, inside the trunk, in a box stuffed into a duffel bag with clothes, they found two handguns, both locked and unloaded as New Jersey law requires.
With a warrant?? Who set this guy up??
“The right to bare arms, shall not be infringed upon”
set this tax payer free..where is the gutless ACLU?
This guy better have a law suit against this entire state!..who were the jurers that sentanced this guy..are they even fucking americans?
wonder if the judge in that town can follow all the rules?
Here is where Brian went wrong…….(besides moving to NJ)
When a policeman asks,  to search  your car,  you are to say, very politely…...”I do not consent to searches”
The officer will tell you that, Â “it will go bad for you not cooperating with them”…..”If you are not hiding anything, why don’t you just let us search your car?”….” we will bring in the dogs, if you do not let us search”…….
The Police will not ask,  to search your car,  if they have  a real reason.  They will  arrest you,  and  get a warrant for the search.
So, your next response should be…...”Are you holding me or am I free to go?”  ……  Unless, they have,  or think they have something  on you……they will let you go.
If arrested, Â close your mouth. Â Do not say another thing, except that you will not talk ,without your attorney present.
Never consent to a search! Â Â Â just saying what my attorney advises.
Where can I donate?
Comments…..
Since when does the Moving Exemption have a TIME LIMIT! He could have moved 10 years earlier and is just NOW moving the guns!
From the way this reads once you get the guns “home” they can never leave? Like a Roach Motel? He could never have them serviced?  Heck, he would have gotten convicted if he drove to a POLICE STATION to turn them in!
Hey, NotSoLostingmissouri, I concur exactly everything you said. NEVER give consent to search. Even if they have a “warrant”. Tell them their warrant is fraudulent. Lock the door, toss the keys in and close it.
The most powerful phrases are:
“I do not consent.” Doesn’t matter what it is, the answer is “I do not consent.”
“I do not understand.” You may “comprehend” but, you never “understand”. In their language, understand means you agree with them and you stand under their authority. If you place yourself under their authority (unwittingly) and then you disobey, out come the cuffs and the billy clubs. This is where resisting arrest comes from. You say you understand and then you refuse to do something they ask. You just said, “I put myself under your authority.” then you refuse to obey them.
Understanding their legal double speak is half the battle.
When the officer pulls you over and comes up to the window ask him how you can help him. When he asks you to do something, ask him if it is within your common law rights to refuse as a living, breathing man on the land. Or, ask him if you are under arrest or being detained. If he says “yes”, ask him under what procedure did gave him probable cause under common law. Though I’ve never had to do this, I’ve been told that in some cases you’ll see the color drain from their face, they’ll ask you to please slow down or be more careful and they’ll walk away.Â
Beware: When you are being stopped by a cop, he’s not stopping you. He’s stopping YOU. He’s not stopping John Smith, the gray bearded, mild mannered guy that lives a 123 4th Street. He’s stopping JOHN H SMITH. You’ve comitted no “crime” you’ve only (maybe) broken a administrative rule or procedure and those do not apply to men, only corporations. The fact is a cop cannot demand your compliance on ANYTHING unless he has probable cause in connection with a true crime where there is a victim.
You have power over the system. You are a soveriegn. Don’t get me wrong, many of you have compromised your soveriegnty in various ways, but, it is still there. USE IT!
Like a gun, if you don’t know how to put the rounds in the clip, pull the slide back, aim it and pull the trigger, you could have the biggest, baddest gun in the country and an 8 year old with a big hickory stick could beat the crap out of you. Know your rights. You can be sure THEY DO!
Net Ranger: Remember the famous “Beer Summit”? One of the take aways from it was that the homeowner made the mistake of opening his door and coming out of his house onto his porch where the officer eventually arrested him.
Had he remained in his home with the door locked and continued to speak to the officer through the screen door, he could have avoided a lot of inconvenience.
Maybe 11 Bravo has some words of wisdom for US on this subject as he is an LEO.
I was recently stopped and detained. I refused to answer any questions without consulting my attorney, and was arrested on a bogus charge. I was out for dinner latter that day and the bogus charge was dropped. Some inconvenience for sure but better than playing their game of good cop, bad cop: “We want to help you BS!”
We still have some rights in this country if we understand them and exercise them. I am currently considering a lawsuit against the City and officer for false arrest. It pisses some of them off when their badge doesn’t intimidate you. And why should it?
It’s my government and he works for me! This is my country and my city!
So..is he out yet?
or do we need to go get him out?
wonder how they would handle a HUGE number of second amendment citizens ,,demanding an explination for their actions, and an immediate dismissal of this individual.?
well if they will stomp all over the second amendment, you bet im going to be sitting in the cell next to him for what i just typed..meaning they are coming for your right to free speach and all the other rights we thought we had.
one grab at a time.(no pun intended).TSA is kicking the shit out of our 4th..as this guy has his 2nd taken away..
its spreading like a dam virus
Welcome to Amerika….hail
WTF!!!!
I highly doubt ANYONE is gonna go get him…
No offense….Americans are TOO dumbed down and docile to do about anything, unless the sheeple are told too…
I hate to be cruel, but he was the one who decided to move to New Jersey. He should have studied the law, before he moved to such a liberal anti-gun state. It’s his fault.
Durango….As far as the beer summit case, I think you’re right. If that professor had stayed inside his door and said, “This is my house, nobody is breaking in”, it wouldn’t have gone much further. In that case, at my department, I would have had a few other tools to determine if that guy belonged in that particular house.Â
I am always amazed at how LEO’s from different parts of the country, or even state’s, can see things polar opposite of the other. I know very few at my place who are not very pro 2nd Amendment, pro CCW, and view the 2nd Amendment as a God Given right……
And my job would be tougher if people learned to keep their mouths shut (which is why I don’t believe in conspiracy theories), and knew what there rights were…..
New Jersey State Constitution   ARTICLE I
                                   RIGHTS AND PRIVILEGES
  1.  All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.Â
  2. a. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it. Â
 7.  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.Â
21. This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.
LIKE OWNING A GUN!(mine)
This guy was arrested in NJ he is suposed to be covered by this insurance policy and the federal one,fat chance eh?
Wheres the gutless ACLU ? Out trying to get a christmas tree display “outlawed” and “islamic law” accepted in America! They are totally useless,I know from having worked around them on legislation.
I got pulled over in a highway border control station in Imperial County, California.
The agents flag me over to a search stall. They approached my car with dogs and asked me to exit the car to allow them and the dogs to search my car.
I calmly told them I was not going to comply to letting them search my car.
They stated that by not allowing them to search my car, that it would be noted and would make me look bad in thier report.
I calmly told them I did not care about their report and asked if I was under arrest or free to go. During this conversation over 15 guards had walked over to my car with hands on their guns and their dogs had sniffed my entire perimeter of my car.
They asked me one more time for me to allow them to search my car and I flatly refused. When they asked me what was I hiding, I just replied, am I free to go.
After asking a dozen times to their continued questioning they let me go.
We are already living in a police state.
BTW: Within months after that experience I packed up, short sold my home, pulled stakes and left California.
Live in a toilet and you will get treated like shit. Â
Why anyone would move to Nazi occupied territory and expect freedom is beyond me. Â
For Facebook users theres a group for him:
http://www.facebook.com/FreeBrianAitken
Almost 11,000 members right now.  Also let governor Christie know how you feel
It sounds like this guy was more a sheeple than anything. Just because he was a gun owner does not exclude him from being a clueless sheeple. While I don’t agree with the results of the case, I would be concerned about having a neighbor who was so eager to “do the right thing”.
Nobody has said anything about this guy’s lawyer. Was he asleep? Here’s another lesson that J.D. stands for Joke Diploma.
Nobody on either side of the “legal system” can be trusted. It’s up to you to ensure your own safety. The “good LEO” will say that one can’t broad-brush “everyone”. Where were the good ones taking the bad one aside and telling him to knock his sh*t off? Crap like this happens because it’s not being stopped in real time by those in a position to derail a railroading.
The poor soul. Did everything the corporation asked of him,. now he is doing time to pay for the commercial (statutory) crime of a legal fiction he didn’t even realize existed.
He should have forced the court into the jurisdiction of law to have his rights determined by the jury. All you have to do is ask. If you don’t ask, the corrupted court will take it upon itself to make you a Ward of the Court.
But the real kicker, and what everyone needs to know before going into their courts, is the submission of evidence.Â
The judge said…
“My recollection of the case is that I ruled he had not presented evidence sufficient to justify giving the jury the charge on the affirmative offense that he was in the process of moving,†Morley said.
A pleading by an attorney, or a victim, is not evidence. The only one competent to enter evidence in the case is the victim of the system. They will stay victims unless they get themselves sworn in and enter their affidavit in as evidence. No one is competent to challenge it, but if it is not entered into evidence it can not be considered.
Almost every time someone ( a patriot, for example) loses in court it is because they did not introduce any evidence. The case is nothing more than an attorney and a judge acting against you for their financial benefit. They can not enter evidence, or challenge what you provide.
The greatest case of evidence omission was the 2000 presidential “election”. Numerous boxes of ballots were brought into the court, but nobody ever took an oath and submitted them as evidence. Thus, the judge could not look at it.
It is not about filing pleadings. Pleadings are nothing and need not be made.
It is about submitting evidence in a way that it HAS to be considered by the court and jury. How to do it? A sworn affidavit of the facts, by you, that can not be refuted by a fictional public official.
Also, if you ever find yourself involved in a court case, make sure that you appearance and the grant of jurisdiction you are appearing in is derived specifically and invoked through the state constitution. All pleadings, answers, etc, should be made in the name of the Sovereign State of XXXXXXX
In Tennessee that is Article I, Section 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Only a Man can invoke jurisdiction through the Constitutions. Notice it did not say person. Persons are statutory and have no protections.
Bottom Line —Â If you don’t take the oath and put your statements into the evidence, you may as well stay home.
LESSON TO BE LEARNED HERE…
ONLY A FOOL TRUSTS THE POLICE! NO MATTER WHERE YOU LIVE IN AMERICA!
Talking to the Police is only asking for trouble! Unless your the direct victim of a crime and your clean… don’t give em’ a reason to intrude into the privacy of your life or your right to travel freely unmolested in the united states!
Just plead the 5th amendment and tell them you want a lawyer… if they try to press you… “TELL THEM TOO “FUCK OFF!” and “keep your mouth shut!” “anything you say can and will be used against you in a court of law!” They know the game… don’t be play’ed by them… whether their fed’s, state or local… “It’s not the uniform that makes the man! But the man who makes the uniform!”
(FROM: A P.O.S.T CERTIFIED PATRIOT LAW OFFICER!)
But it’s New Jersey, so what did you guys expect?
TEKROANIN said, “don’t give em’ a reason to intrude into the privacy of your life or your right to travel freely unmolested in the united states!”
It’s spelled, UNITEDSTATE.
And in case you hadn’t noticed, they don’t need a reason, because in America, rights Are privileges:
POLICE STATE 2010: Philly Cops Stopping & Searching Random People On The Streets
http://www.youtube.com/watch?v=l0h9DAGQiWM&feature=player_embedded
How Unalienable Rights Become Privileges
http://www.lewrockwell.com/orig11/denninger4.1.1.html
Thanks Mom!
Tell the cops in NJ to state out of Texas we carry them in the open an loaded LOL
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