Brian Aitken Follows New Jersey Gun Laws and Now Faces 7 Years in Prison
By
Brian Aitken
On January 2, 2009 Brian Aitken was wrongfully arrested for illegal possession of firearms while moving from one residence to another within the state of New Jersey after law enforcement was called to a family residence during a verbal dispute between Brian and his parents over issues stemming from a recent divorce and an ongoing custody battle for rights to see his son. Law enforcement officials responded to a dropped 911 call at his Parent’s residence. These details were provided to me during a phone interview with Brian.
The guns Brian owned were purchased legally while living in the state of Colorado after going through the normal FBI and CBI background checks to be approved to purchase the firearms. During his move back to the state of New Jersey, Brian received clearance by TSA to transport his firearms via checked baggage. Brian has an Uncle who served in law enforcement who made sure he was fully aware of the need to contact the New Jersey State Police to see if there were any special requirements needed to register or license. Which he did and was informed that he did not have to register the guns.
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Brian Aitken was also informed that if he would wish to purchase more guns or ammunition he would need a New Jersey Firearms Purchaser ID Card. He had no desire to purchase either item and chose not to apply for an Purchasing ID Card. During his conversation with the New Jersey State Police, Mr. Aitken was also informed that he could apply for a Conceal Carry Permit, of which he chose not to pursue since he planned to only keep the firearms for home defense.
At the time of Brian’s arrest his guns were locked in the trunk of his vehicle, unloaded, and in wrapped in cloth and stored in a duffle bag. New Jersey law only requires they be unloaded, stored in a locked trunk, and stored away from ammunition. Which all laws were followed, according to statement provided to me by Brian himself.
New Jersey Firearm Statutes and Laws:
NJS 2C:39-6e:
“Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person… from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving…”NJS 2C:39-6g:
“All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.”
New Jersey State Police – New Jersey Firearm Laws
During my interview with Mr. Aitken, he also told me that he was charged with possession of illegal hollow point ammunition. According to New Jersey law, listed below, these bullets were not in violation of these laws.
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).
More details on the Hollow Point issue can be found at:
Transportation and Use of Hollow Point Ammunition by Sportsmen
According to Brian Aitken, he was threatened with incarceration if he did not answer questions and consent to the search of his vehicle. He also told me that his Miranda Rights were read to him approximately 1 1/2 hours after his search and seizure. There seems to be violations of his Second, Fourth, and Fifth Amendment Rights with his case. Taking into consideration, State and Federal laws which protect a citizens right to own and transport legally purchased firearms, I would assume it safe to say that this case appears to be politically motivated for reasons the law enforcement officials and Assistant Prosecuting Attorney, John Brennan can only answer. John Brennan is the Assistant Prosecuting Attorney who has chosen not to drop charges against Brian and to prosecute his case.
I was also informed that, due to Brian not being able to afford a lengthy court battle, his attorney informed him that the prosecutor was offering Mr. Aitken only a 5 year sentence if he pleaded guilty. Brian has no desire to plead to a crime that he didn’t commit and declined the offer. I wouldn’t plead guilty for a crime I didn’t commit either!
If all of this wasn’t enough, a Judge Sheldon Franklin of Ocean County Family Court in New Jersey also chose to remove all visitation rights from Brian Aitken except 1 hour per week in the presence of law enforcement officials inside the Ocean County Family Court. Judge Franklin, according to Mr. Aitken, chose to treat him as though he were a violent criminal, even though Mr. Aitken is no longer in possession of the firearms and the charges against him are non-violent and victimless.
Brian Aitken and Son
Brian stated:
“The charges against me are non-violent and victimless. I did everything I could to follow the letter of the law; I checked the State Statutes, I contacted the New Jersey State Police… I did everything by-the-book. The Courts don’t seem to care. My son has gone fatherless for over one-third of his life because of a charge without merit. It’s time for this to end.”
I would also like to add that while interviewing Brian, he talked about his generous nature with helping with non-profit organizations and even taking time away from work so he can take an elderly neighbor to his kidney dialysis 3 times a week. Does he really sound like a violent criminal to you? I believe the courts of New Jersey are busy enough that they don’t need to be looking to railroad good citizens for legal gun ownership.
I ask that you share this story with everyone you can to help Mr. Brian Aitken find justice in this case. If you know of someone with ties to the National Rifle Association or Gun Owners of America, please get these someone in one of these organizations to help him with his battle.
Also, if you are an attorney wishing to help Brian, please use my contact form (at the top of each page) and send me your information so I can pass it along to Brian. He needs your help immediately to fight these unlawful attacks on his Constitutional Rights and Freedoms!
Listen to his story at: http://www.peacefreedomprosperity.com/?page_id=36
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Brian Aitken made one mistake, he moved to New Jersey. It’s run for the most part by fools. I know, I was born in New Jersey, the garbage state, oh or was it the garden state. I am going to write to Gov Christy and pray he sets him free. I also hope Christy puts the retard judge in jail.
As someone who just recetly purchased their first two handguns in NJ and completed the long process of obtaining a firearms permit, I have a personal interest on the outcome of this case. My wife is terrified that I’ll be pulled over in some diner having lunch with some, friends after being at a firing range. In NJ I’m only allowed to drive in the shortest root to and from the firing range and my house. It’s even a grey area if it’s legal to purchase ammunition on the way to the range. I’m also confused about the hollow point bullet laws, since I’m allowed to purchase them in any store but now allowed to have them in my car or possess them unless I get another permit for hunting and drive directly to the “hunt” without any stops for gas or food, or pick ups of other people.
It took me about 3 months of appointment, criminal background checks, computerized finger printing, mental background checks, assertions on forms that I’m not an enemy of the USA, I’m not a criminal, I’ve never been arrested, I’ve never done this or that, and I was even questioned on a traffic infraction that was thrown out of court. I took my two year old child with me to the interviews, completing the paper work and even when I go finger printed.
By the end of this intrusive and humiliating process I had the right to purchase a select list of rifles in the state of NJ. I also requested a few handgun purchase permits, that need to be brought to the gun store and completd for each 30 day purchase, which I must complete more paper work at the time of purchase, have another real time background check and sign additional legal forms that repeat most of which I’ve already had background checks on previously, including a form which states, I’ve not purchased a firearm within 30 days. If I go to a second gun shop and purchase a handgun using one of my preauthoized handgun forms, which is dated with an initail “cooling off” period after 29 days, I go to jail or am denied and am a criminal.
In fact you actually fell like a criminal by the end of the process. The local police told me to lock the unloaded gun in the back of my trunk and keep the bullets in the passenger compartment, this would land me in jail from what I’ve read. I’m also taking a big chance with those two packs of hollow points they sold me legally in NJ, since I brought them home, but not directly to a hunt – in theory they could arrest me for possession of hollow point bullets since I wasn’t going to use them right away. I think in the future I’ll mail order all my ammo so they are properly on my property so there are no questions, let the UPS driver or the mailman take the risk of being arrested, since they are not taking the hollow points home or to the range – yes, that’s right any person that delivers ammunition to someone’s house in the state of NJ is a criminal according to the laws of NJ.
I can go off on 100 other reasons why I hate living in the State of NJ, like the fact that the NJ Transit Workers Union, make an average salary of over $100,000.00 dollars per / years, and have just pushed through two rate hikes in the past years, I now pay almost $4,000 dollars a year to commutte to Manhattan. My neighbors and I pay over $10,000 a year in property taxes, nobody in Bergen County NJ pays under $10k that has a house, that my Chief of Police made $150,000 per / year in salary.
Yes, I can write a book on “WHY I HATE THE STATE OF NEW JERSEY”, living here is living out a prison sentence since as a gun owner you are already a criminal, and must prove your innocence under the “exceptions” to the law.
What are you tools talking about? Obama has nothing to do with it what so ever. In this case thus far it’s an isolated incident and NJ is a corrupt police state so no surprise here. But in regards to politics, even if the government does get more leverage on the firearm “crackdown”, do you really think once Obama is out and a conservative is back in that it would change? Instead of you know, getting worse?
Finishing what the other side started, that’s the political game. Left vs Right is a fraud.
As a former police officer, my advise to everyone is:
DO NOT EVER CONSENT TO A SEARCH BY POLICE.
RECORD ALL DEALINGS WITH POLICE IF POSSIBLE.
IF YOU SEE SOMEONE ELSE DEALING WITH POLICE, RECORD IT.
Their word will likely be considered better than yours by the courts.
If there was concern that Brian was a threat to himself or another his mother or the police should have petitioned him to be evaluated by a mental health person and if deemed a risk certified by a doctor for invountary admission and evaluation by a psychitrist. If he was considered a risk his weapons could have been confiscated untill it was all sorted out. They could have secured his weapons with family even if he was not commited. We do this all the time at our ER.
As to hollow points; this ammo was designed to enhance safty of innocent bystanders by reducing the chance of a round passing through your target, the wall and hitting one your sleeping family members. That’s why I use them in my personal protection handguns.
The Constitution protects our right to protect ourselves and is not subject to interpretation, selective application to only some. If you don’t feel comfortable owning and if necessary using a gun than don’t. If you find yourself in a position where seconds count, call the police, they are only minutes away.
Brian Aitken to be freed!!! Gov. Christie has commuted his sentence and he will be released immediately! Finally, a sane politician…
Actually, he did NOT follow NJ Gun Law.
The law is that you CANNOT transport weapons in your vehicle except for the purposes of travelling to a legal gun range, hunting, to sell in a legally authorized manner or moving them to or from the state (In a residency action).
He was carrying guns in his car as a place of storage which is a clear violation of NJ State Law.
BTW, the stupid and uninformed attacks on Obama are based on what?
He hasn’t proposed, suggested or put forward, in ANY way, an opinion that would be perceived as infringing on Gun Rights.
And the reason there is a shortage of bullets has NOTIHNG to do with Gun Rights actions or these “Bullet Taxes” the paranoid keep talking about.
All the ammunition manufacturers have said, again and again, that the shortage of bullets on the store shelves is because of heavier shipments ot the military and the paranoid arms activists over-buying based on unfounded fears.
The ammunitions manufacturers are actually making more bullets than ever.
I went to HS with Brian. He was a very unstable person, however he broke no laws and its great Christie granted him his freedom
[...] he went above and beyond nj law for the gun storage. and the hollow point bullets are also legal: Brian Aitken Follows New Jersey Gun Laws and Now Faces 7 Years in Prison :: The 912 Project Fan Site [...]
[...] January 2009, Brian Aitken was arrested for legally possessing three disassembled firearms locked the the trunk of his car, while he was moving to his new home in New Jersey. He got a seven [...]
Judge Sheldon Franklin is a totally bias Judge.
The best intest of a child is the last thing on his agenda.
He has totally left me homeless. Has neglected to review evidence I have presented to prove my case. Has repeatly allowed plaintiff to submitt stuff to the court without providing me a copy.
Everytime I walk into his court room his demands change.
To top it off as an unemployed worker in this economy has ordered me to pay 800 in alimony and 840 in child support leaving me with 700 to live off just so I do not have money to file an appeal.
He should be disrobbed and investigated. At one point i produced pics of my ex’s wearing my 8yr olds clothing his reply was so what go after him. NJ has to be proud having a Judge like this and no investigating him.
Judge Sheldon Franklin is a totally bias Judge.
The best intest of a child is the last thing on his agenda.
He has totally left me homeless. Has neglected to review evidence I have presented to prove my case. Has repeatably allowed plaintiff to submit lies to the court without providing me a copy.
Every time I walk into his court room his demands change.
To top it off as an unemployed worker in this economy has ordered me to pay 800 in alimony and 840 in child support leaving me with 700 to live off just so I do not have money to file an appeal.
He should be disrobed and investigated. At one point i produced pics of my ex’s boyfriend wearing my 8yr old clothing his reply was so what go after him. NJ has to be proud having a Judge like this and no investigating him.
To top this off so I no longer can file a motion he has violated my legal rights by making me provide a weekly financial and job search to my ex even after we have been divorce 2 yrs and ha not given me no financial relief.
After I told him I belong to a UNION he told me I should get out of it.
Where are my rights to privacy? Where are my right to belong to organized Labor
Its really pathetic how some folks post inflammatory statements on websites hoping for a little attention. I see these trolls all the time on websites hoping to stir up discord and get a little of the attention they were apparently denied by they’re parents and teachers, or perhaps there is more to it than that? I wouldn’t put it past people from the Huffington post and the daily kook to do something like this, after all they infiltrate and agitate everywhere else why not on the net too? Anyway I hope it all works out for Brian in the end and I hope we can get all the out of control bureaucrats on the unemployment line or better yet out of the country. America…Love it or leave it.
Wow @Shawn you really have insulting comments for people you don’t know.
You sure your not a judge covering up favor he is performing to employees of his from when he was the Mayor of Lakewood NJ . LOl
@Jack Finally someone has taken an approach to expose corruption in the legal system Thank you and everyone else who exposes them.
Good luck Brian