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-   -   New Jersey gun laws - Guilty till proven you qualify for an exemption (http://www.firearmstalk.com/forums/f97/new-jersey-gun-laws-guilty-till-proven-you-qualify-exemption-34460/)

Yunus 11-16-2010 06:14 PM

New Jersey gun laws - Guilty till proven you qualify for an exemption
 
Brian Aitken's Mistake - Reason Magazine

Quote:

It was there that the police confronted Aitken. Although they determined he wasn't a threat to himself or anyone else, they searched his car, where they found his handguns. They were locked, unloaded, and stored in the trunk, as federal and New Jersey law require for guns in transport. The police arrested Aitken anyway, charging him with unlawful possession of a weapon.

To buy a gun in New Jersey, you must go through a laborious process to obtain a "purchaser's permit." But that permit doesn't entitle you to possess a gun. A few select groups of people, mostly off-duty police officers and security personnel, can obtain carry permits. But anyone else with a gun is presumed to be violating state law and must defend against the charge of illegal gun possession by claiming one of the state's exemptions.
Should we write some letters to Gov Christie on behalf of this guy? He thought he was following the rules and even if he was not moving as the judge suggests he was still attempting to prevent firearms from being in a situation with people at a party who were drinking.

bkt 11-16-2010 07:53 PM

Yes, we should.

dunerunner 11-16-2010 09:59 PM

I agree, a noble effort for the members of the FTF.

Brian Aitken's Mistake - Reason Magazine
Quote:

Even the jurors who convicted him seem to have been looking for a reason to acquit him. But the judge gave them little choice. Aitken's best hope now is executive clemency. He is petitioning New Jersey Gov. Chris Christie for a reprieve this week.
_______________________________________________
Office of the Governor
PO Box 001
Trenton, NJ 08625
609-292-6000

OR Through the web site @

Office of the Governor | Contact Us
__________________________________________________ ______________________

buckhuntr 11-16-2010 10:05 PM

Wow! I'm not a lawyer, but doesn't it seem that by the judge refusing to allow evidence to be presented to the jury, that there are sufficient grounds for a successful appeal, all the way to the SCOTUS? That poor guy. :confused::mad:
I hate New Jersey for other reasons, but this one takes the cake.

dunerunner 11-16-2010 10:17 PM

My letter to Gov Christie.

Governor Christie,

Although I live on the opposite coast, I am writing today to respectfully request you look at the case of 27 year old Brian Aitken. This young man is a media consultant and business man. He has no prior arrests and is for all proposes the victim of judicial prejudice.

It is obvious Mr. Aitken was in the process of changing residences at the time of his arrest. The court chose to ignore evidence which validated that exemption claim.

I trust that, following examination of the case, you will agree that Brian has been victimized. I am requesting that you find a way to grant his petition for a reprieve.

Sincerely,

buckhuntr 11-16-2010 10:29 PM

I went the route of the Governor's Website link (and was a bit more wordy):

Governor Cristie, I am writing in support of the petition for clemency you have received or will receive from New Jersey citizen Brian Aitken, who is incarcerated in your State after a conviction of felony possession of a handgun. As I understand the basis of the conviction, justice and due process were denied Mr. Aitken, in that Burlington County Superior Court Judge James Morley (who presided over the case) explicitly prevented testimony from being presented to the jury that likely would have given the jury sufficient cause to return a "not guilty" verdict.
I am not an attorney, nor am I a NJ resident, but I am a gun owner who has compassion for someone like me who is a responsible gun owner, who researched NJ and Federal laws prior to moving back to NJ, and in attempting to adhere to those laws in regards to his legally-purchased handguns, has suffered a travesty of justice the magnitude of which should make any free American's blood run cold!
Governor Christie, you hold the power to see that Mr. Aitken at last can rest in his own bed, freed from a wrongful conviction, with his liberty restored, and justice truly served. And please see to it that Brian's guns are returned to him - he deserves that much and more.

Sincerely,

Yunus 11-16-2010 10:50 PM

Governor Christie,
I understand you are very busy so I will keep this brief. You are known across this country as someone who is a very to the point person willing to do what is right and necessary even when not popular. I hope that you will take a closer look at the case of Brian Aitken who has been convicted of illegal possession of a firearm in New Jersey. If you look at the case you will find that he is a good person who had no intention of violating the law. He was convicted on a technicality that only existed because all the evidence was not allowed to be presented. The idea of gun control is to make the streets safer and in this case it has done the opposite. Legal gun owners will be less willing to dial 911 for fear of facing circumstances similar to Mr. Aitken.

I implore you to step in and take action to free Mr. Aitken. The justice system has failed and I ask you to once again do what is right even if not popular with gun control lobbyists and free this man as he is not a threat to society and the streets are no safer with him behind bars.

Sincerely,

dog2000tj 11-16-2010 11:14 PM

Thank you fellas, copied your messages and sent one in.

Swampbilly 11-16-2010 11:47 PM

This is how bad judges, effect their own bias in swaying court decisions. This punk in a black robe obviously is anti-gun and forced the court to ignore testimony that would have perhaps exhonerated the guy.


Regards,


Swampbilly

Bignews 11-24-2010 12:11 AM

This situation probably happens more than we think, and this is the sort of thing that makes me second guess the notion that "justice will always prevail." as much as like like living in nj, i might be "safer" elsewhere


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