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Now, I understand that he may have been 'rightly' convicted based on the NJ law that basically makes it illegal to carry a gun in your vehicle except when you are traveling to the range, or on your hunting trip or to have your gun repaired. From what I understand, the law, when applied literally, would make it a crime if you veer off-course to the range and stop by at a restaurant (with guns in your car, even if they are in a case as required by NJ law).
The way I understand the conviction, is that Brian had hollow point bullets and since he stopped by his parent's house, he violated this clause..
Quote:
As with other ammunition and firearms, a sportsman would have to comply with the provisions of N.J.S.A 2C:39-6f and g when transporting hollow nose ammunition to a target range. The ammunition should be stored in a closed and fastened container or locked in the trunk of the motor vehicle in which it is being transported. The course of travel should be as direct as possible when going to and leaving from the target range with "only such deviations as are reasonably necessary under the circumstances."N.J.S.A 2C:39-6g.
NJ....the state where you can go to a shady spot in Newark or Camden and buy a handgun for under $100 with the serial# shaved off and no forms, waiting periods, etc. and the law abiding citizen spends forever trying to go thru all the red tape just to get a handgun or rifle.
NJ: Where the Second Amendment Only Applies to Criminals
As I understand it, the letter of the law actually seems to put forth a pretty simple CCW permit process, however it is simply an Attorney General/LPS office directive to disallow the issuance of such permits to those who are not LE, federal agents or armed security personnel.
This is a policy issue that our "conservative" governor should tackle. How a state can be allowed to actively trample on the U.S. Constitution is mind-boggling.
If you want a gun to protect yourself, buy a gun legally and keep it in your home.
i dont understand what happened in this instance? he is in jail for 7 years for guns he owns legally? it does not sound like he ever got the permit in NJ after bringing them in from colorado.
Quote:
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.
there is nothing in the article that says he ever got the proper permit for the guns in nj. it sounds like the issue of "moving" is moot because he was already situated in NJ (from colorado) and had never gotten his permit. it sounds like if he had permitted the guns in nj and was moving then it would have been ok except for bullets.
not really enough info in this article though. it is unclear if this kid was moving to hoboken from colorado and stopped at his parents house for 3 days to say hello to mom and whatever or if he had already moved home and established residency in nj and not obtained the permits.
he
Quote:
and had contacted New Jersey State Police and discussed the proper way to transport them.
but timeline on this is unclear.
clearly the gun had already gone from CO to NJ.. and then it was going from NJ to somewhere else in NJ. but how long after since the gun made it into nj?
Last edited by joe moving; 12-02-2010 at 04:27 AM..
I'm really not familiar with the details of the case, though it sounds to me as if they were really stretching to convict him the way they did. NJ's gun laws are probably about the most restrictive in the country, but that really only hurts the legal gun owners, not those wanting them for nefarious reasons.
An interesting and slightly OT aside to this:
This morning on the radio they were discussing that Congress had lifted a decades old ban on passengers transporting firearms on Amtrak trains. Very soon, all a passenger will need to do is properly store the firearm per Federal rules and declare it when boarding the train wherein it will be stored in a gun locker on the train, they are currently retrofitting the lockers onto the trains.
So, if I legally own a handgun and hollow point ammunition and properly declare and store it on an Amtrak train that then heads to NJ where something happens and I have to get off with my gun and ammo, am I now in violation of NJ state law and subject to prosecution?
read an article some time back about someone who was travelling with a gun with a connecting flight at Newark. He went through all the proper procedures when he left from his home airport. But he missed his flight out of Newark because of delays, so they gave him back his baggage (and guns) and he spent the night at a hotel until he could fiy out on the next flight in the morning. He was arrested and had his guns confiscated, spent a few days at county lockup, eventually had the charges dropped but still had to go through all that.
Do these laws keep us safe? No. If the only ones who carry guns are the police and criminals, the good guys are outnumbered.
I wish that New Jersey were a gun friendly and carry friendly state. The way that things now stand, someone can illegally purchase a weapon and hold up a convenience store and the guy doesn't even have to look over his shoulder... because he can (almost) count on the fact that no one else in the place is armed. I don't see that as a plus.
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blind and dumb justice
