Brian Aitken, convicted in August of the dubious charge of “unlawful possession of a weapon,” followed the very letter of New Jersey gun law and was wrongly fully imprisoned for his trouble.
Mr. Aitken moved from Colorado to New Jersey in order to live near his ex-wife and their child. In the process of moving his belongings which included three handguns legally purchased in Colorado, Mr. Aitken’s was detained at his mother’s home after she discussed Brian’s mental state with a police officer. Mr. Aitken was arrested for illegally transporting a weapon, even though he was clearly well within the bounds of state and federal law.
From Reason Magazine:
Concerned about her son, she [Aitken’s mother] called 911 but then thought better of it and hung up the phone. The police responded anyway. When they arrived at her home, Sue Aitken told them her concerns about her son, and the police called Brian Aitken, who was then en route to Hoboken, on his cell phone. They asked him to turn around and come back to his parents’ house. He complied.
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.
Evan Nappen, who is representing Aitken in his appeal, likens the process to claiming self-defense in a murder case. “If you kill someone because they’re about to kill you first,” he says, “you’re still guilty of homicide. You have to prove you should be granted the exception for self-defense. It’s the same thing for just about all New Jersey gun owners. You’re guilty until you prove that you’re innocent.”
The exemptions allow New Jersey residents to have guns in their homes, while hunting or at a shooting range, while traveling to or from hunting grounds or a shooting range, and when traveling between residences. Brian Aitken claimed he was moving between residences, and there is pretty strong evidence that he was. Sue Aitken testified that her son was moving his belongings from her house to his. So did Aitken’s roommate. One of the police officers at the scene testified that Aitken’s car was filled with personal belongings.
Yet Judge Morley wouldn’t allow Aitken to claim the exemption for transporting guns between residences. He wouldn’t even let the jury know about it. During deliberations, the jurors asked three times about exceptions to the law, which suggests they weren’t comfortable convicting Aitken. Morley refused to answer them all three times. Gilbert and Nappen, Aitken’s lawyers, say he also should have been protected by a federal law that forbids states from prosecuting gun owners who are transporting guns between residences. Morley would not let Aitken cite that provision either.
Brian Aitken was a victim of New Jersey’s anti-gun legal system, even though he followed their draconian gun laws to the T.
Too often people believe that it “can’t happen to me.” That the laws are fine the way they are, and anyone who thinks we should repeal existing gun laws is an “extremist.”
The simple fact is that in our current legal system, a judge has the ability to “not allow” a jury to know that you followed the law to the letter, even going to extra effort to ensure your compliance with various statutes. Do you trust that a judge has your best interest in mind when he views you as a gun owner?
Though New Jersey’s laws may be more strict than most of the country, the story of Brian Aitken could take place in Anytown, USA and be just as plausible. Keep that in mind the next time you think certain laws “aren’t so bad.”
That judge ir just corupt, stupid or criminal himself! He should be hanged by his balls!
I still hope ther is left some real justice in this country somewhere and Brian Aitken will get out of fucking jail!
Since when does a judge have the “right” to prevent the jury from hearing ANY facts? This judge needs to get fired, disbarred, and then charged with criminally rigging the trial!
This shows us the mentallity of New Jersey and the judges there and the stupid juries that they have chosen for this trial. Did they actually pick jurists that had a brain? It is obvious that none of the jurist’s had a brain and the judge is a liberal moron. Its a crime that the states have a hog-pog of stupid firearms laws that would do this to this guy. Here, in Arizona, the government actually does trust us to carry a concealled weapon without a permit and this IS working! New Jersey is the product of liberalism and it is up to the people to vote out the morons that are in power. This result is a no brainer and can be changed by the voters there without the infuience of the stupid unions! New Jersey! Vote CONSERVATIVE! Change your stupid morons that are killing your silly ass state! Your state is the laughing stock of states like Arizona! Geez!
influence
sorry-typo!
New Jersey! Join the other states that believe IN THE PEOPLE! Get off of your liberal crap and join the real world! YOU are a laughing stock to the rest of us that have real freedoms. Your socialist laws will never prevail and you will not prevail because hopefully your constituents will vote you out.
That judge is a dolt. People like him is the reason why our country is going to hell in a handbasket…
Execute this judge immediately.
in addition to the out of control taxes and corrupt politicians, the gun laws of this idiotic state also prompted me to leave it for the greener pastures of delaware-wish i’d done it years ago.
“…handguns legally purchased in Colorado, …” AND “…To buy a gun in New Jersey, you must go through a laborious process to obtain a “purchaser’s permit…”
What part is confusing? If they were purchased out-of-state, and are legal to own in NJ, AND were properly stored for transport (“…and stored in the trunk, as federal and New Jersey law require for guns in transport.”).
I can plainly see that the judge erred and can be overturned on appeal, but you wonder about the DA who carried this to a Grand Jury as well as the defendant’s attorney. Lots of problem children in this.
THE GOVENOR HAS FIRED JUDGE MORRLEY AND WILL PARDON MR. AITKENS.
Yet another reason we don’t like Jersey.
Jersey needs to get out of the stone age…and that judge…sad.
I believe that the 10th amendment might prevent the federal law that forbids states from prosecuting gun owners who are transporting guns between residences from working for him.
Good For The New NJ Governor for being Righteous !
This Judge needs to be at the very least, severely disciplined, at best, removed from his “throne”. The defendant’s rights from the constitutional aspect, defense right to bear qualified evidence ( state and federal laws pertinent to this case), and probably more, CLEARLY violated this defendant’s right to a FAIR trial. This whole flap with the UN regarding the small arms treaty is bogus. They cannot enforce that treaty. If they try, they will be attempting to compromise OUR constitution. We, the USA need to withdraw from that bunch and build them a new headquarters in the middle of Hudson Canyon (look it up and you’ll get my reference). Nevermind…just use the following link:
http://pubs.usgs.gov/of/2004/1441/html/interp.html
On Monday Gov Chris Christie commuted his sentence