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NJ man serving 7 years for guns he owned legally

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#2 ·
Saw it on Drudgereport - at least this will get a smidgeon of national attention.
 
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#3 ·
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.
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even though he lawfully bought the guns in another state, I dont understand? [confusedagain] Is a carry permit only required if you are not transporting under one of the exemptions?

but this was a stupid move -

"If Mr. Aitken did the research he said he did, he would not have hollow-point bullets and large-capacity magazines in the vehicle," Miller said. "They are illegal, period."
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#5 ·
ive read this article.whats that saying 3 sides to the story.he apparentlly moved here to chase his ex and the kids down and was back and forth with her and his inlaws.theres alot more to this.it just doesnt look good on his behalf.BEING ARRESTED WITH AMMO AND THE MEANS TO INFLICT SUBSTANTIAL DAMAGE EVEN THOUGH MORE THEN LIKELY HE DIDNT THREATEN ANYONE.IN NEW JERSERY OLD SEAHAG WOMEN CALL THE LAW GUESS WHAT BUD YOUR GETTING LOCKED UP AND THEY TAKING YOUR GUNS PERIOD
 
#6 ·
there is wayyyy to much wrong with this whole and this guy, he didnt just get 7 years for transporting his guns, there were many issues with this case including the fact his own mother called the police on him fearing he was suicidal, without her phone call this probably would never have even happened
 
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#8 ·
ive read this article.whats that saying 3 sides to the story.he apparentlly moved here to chase his ex and the kids down and was back and forth with her and his inlaws.theres alot more to this.it just doesnt look good on his behalf.BEING ARRESTED WITH AMMO AND THE MEANS TO INFLICT SUBSTANTIAL DAMAGE EVEN THOUGH MORE THEN LIKELY HE DIDNT THREATEN ANYONE.IN NEW JERSERY OLD SEAHAG WOMEN CALL THE LAW GUESS WHAT BUD YOUR GETTING LOCKED UP AND THEY TAKING YOUR GUNS PERIOD
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there is wayyyy to much wrong with this whole and this guy, he didnt just get 7 years for transporting his guns, there were many issues with this case including the fact his own mother called the police on him fearing he was suicidal, without her phone call this probably would never have even happened
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after glancing at the case - he was convicted and sentenced to 7 years for illegal weapons possession.

all of the aggravating and or mitigating evidence was ignored by the judge and prosecutor at the time of trial.

his father and attorney claim that the Burlington County Prosecutor's Office and the former Superior Court judge who tried the case ignored
evidence that proved Brian had the guns legally.
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I see nothing reported about being sentenced for domestic violence, terroristic threats, reckless or wilfull endangerment.

Plain and simple: the Judge erred. this is a lay-up appeal.

<edited - meant to say the aggravating factors the others have brought up were not considered in conviction or sentencing>
 
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#9 ·
A lot of buzz right now on this. We have obtained copies of the trial and the video. We have seen no reason for this man to be in jail. We are holding the rally for him on December 12th from 2-6 pm at the american legion post 129 in toms river. His family will be there, along with Dennis Malloy and NJ101.5, Assemblyman Michael Patrick Carroll, Attorney and Author Evan Nappen, and a host of others. This is a big deal folks. What happened here could happen to anyone of us.

Thanks
Tom

www.nj2as.com
 
#11 ·
How about this comment at the bottom of the article:

philthyesthoodlum_22
Keep him in jail where he belongs. Get the guns off the streets and let him do the maximum time. So what he's college educated, has nothing to do with the facts of the case. Another case where white boys gone wild are looking for clemency. Don't do it fat boy Governor. Stay home and eat another 6 foot hoagie and leave this case alone. If you want i'll send over a dozen happy meals to you.
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#12 ·
this guy is in jail for illegal gun possession.

he in fact was not illegal at all. he called the NJ state police prior to see what he needed to be legal when transporting the firearms and he was in compliance.

wake up people. this guy is in prison because the judge doesnt like guns. or thinks he knows whats best.

the worst part is this isnt even a matter of gun rights.

this is about Americans rights to a fair and just trial which this guy was not given.


ive read this article.whats that saying 3 sides to the story.he apparentlly moved here to chase his ex and the kids down and was back and forth with her and his inlaws.theres alot more to this.it just doesnt look good on his behalf.BEING ARRESTED WITH AMMO AND THE MEANS TO INFLICT SUBSTANTIAL DAMAGE EVEN THOUGH MORE THEN LIKELY HE DIDNT THREATEN ANYONE.IN NEW JERSERY OLD SEAHAG WOMEN CALL THE LAW GUESS WHAT BUD YOUR GETTING LOCKED UP AND THEY TAKING YOUR GUNS PERIOD
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and what does this have to do with anything. this has absolutly nothing to do with the circumstances of him being arrested.

if he got into a fight with someone in 2nd grade, should that be used against him too?
 
#13 ·
Quote:
philthyesthoodlum_22

Keep him in jail where he belongs. Get the guns off the streets and let him do the maximum time. So what he's college educated, has nothing to do with the facts of the case. Another case where white boys gone wild are looking for clemency. Don't do it fat boy Governor. Stay home and eat another 6 foot hoagie and leave this case alone. If you want i'll send over a dozen happy meals to you.
Click to expand...


Who wrote this? Sharpton? Of course, his screenname says it all. Probably commented on this from prison and is in on gun charges!
 
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#15 ·
If he really was moving, he was moving, and then the illegal pistols conviction ought to be overturned. The hollow point bullets charge must be a result of the handguns being found illegal, and that one should also be overturned.

But what about the high capacity magazine conviction?
 
#16 ·
But what about the high capacity magazine conviction?
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It seems like everything starts and ends with the application of the illegal weapons possession conviction.

If that is all he is charged with, the ammo and the mag possession might have to be overlooked as a misdemeanor.

As far as I know - hollow point ammo is not illegal to possess in NJ.

If the illegal possession conviction is overturned on appeal, then the other two charges really have limited impact.

Hopefully our wrongheaded legislature will start to repeal these silly laws.
 
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#18 ·
I am confused with what is and what isn't legal. For example I read the NJ gun laws and what is considered illigel is any mag over 15 rounds in either a handgun or rifle but, when you buy a rifle it is limited to 10 rounds. As far as hollow points what's the deal there. Can someone explain this in english for me.

Possession and Transportation of Hollow Point Ammo In NJ
Provided certain conditions are met, a sportsman may transport and use hollow point ammunition. There are no restrictions preventing a sportsman from keeping such ammunition at his home.
N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:
(2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)].
Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition "persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . ." N.J.S.A 26:39-3f. (1).
Activities contained in N.J.S.A 26:39-6f. can be broken down as follows:
1. A member of a rifle or pistol club organized under rules of the National Board for the Promotion of Rifle Practice and which filed its charter with the State Police; 2. A person engaged in hunting or target practice with a firearm legal for hunting in this State;
 
#19 ·
Ok, let's say you have a firearm that you legally own, your moving from one city in NJ to another within NJ. The firearm is unloaded and it's locked in a hard case that is also in your locked truck of your vehicle. There is nothing illegal about this if you are transporting the firearm legally per NJ law which you are.

Now you have the ammunition (hollow points) locked in an ammunition can. Nothing illegal about this ether per NJ law being that your transporting them from your old residence to your new residence.

Now this is were your problem comes into play.

You have a high capacity magazine (19 round) also in the vehicle.

New Jersey law defines “large capacity ammunition magazine” as a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly into a semi­automatic firearm.

Clearly having this "high capacity magazine" is illegal, and is a crime of the 4th degree in NJ.

So being that you have committed a crime (possession of a high capacity magazine) and that you are in possession of hollow point ammunition, makes having the hollow point ammunition a 4th degree crime because being in possession of hollow point ammunition is illegal if used in the commission of a crime (possession of the high capacity magazine).

Finally, it is also illegal to possess a weapon (firearm, even if you legally own it) while committing a crime (possession of a high capacity magazine and hollow point ammunition).

There are two sides to every story and we are only hearing one side of that story, the one from Brian Aitken.
 
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#20 ·
They were talking about this on 101.5 today
 
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Colt45
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