How can New Jersey imprison a gun owner who broke no laws?

Gun Rights Examiner ^ | October 19, 2010 | David Codrea

[Neil E. Wright]

"Hey David," the Facebook message began, "Thought you might be interested in Brian Aitken, in jail in NJ for 7 years for owning legal guns."

I get people approaching me all the time wanting me to write about their legal cases. Most of the time, I get very subjectively-recounted narratives with very little to substantiate, and even less on what the defendants may have actually done. Experience has made me naturally wary of jumping on such bandwagons without investigation.

Here's what I've found.

His supporters have established the "Free Brian Aitken" Facebook page.

Mission: To help free Brian Aitken, an innocent gunowner thrown in jail for moving from CO to NJ with his legally purchased firearms, disassembled and unloaded, locked in his trunk...

The "Help Free Brian" entry from BrianDAitken.com gives us more details:

At trial Brian Aitken’s defense team showed the jury Brian’s three FBI background checks to lawfully purchase firearms, a number of witnesses—including a Mount Laurel police officer—testified that Brian was moving between residences and all witnesses—including the Mount Laurel police officer—testified that Brian’s firearms were unloaded & locked in the trunk of his car exactly as New Jersey State Law requires…Brian knew how to do this because he had called the New Jersey State Police days earlier to ensure he was in compliance with the law…a fact the Judge ruled inadmissible in the court room.

Now, this 26 year old small business owner—with no prior criminal record—is sitting in jail for 7 years simply because a Judge, since removed for misconduct in a different case, refused to allow the jury to apply the state law that allows abiding gun owners to transport their legally owned firearms from one house to another.

[Neil E. Wright]

This kind of CRAP has got to stop.

America! It's about

★ FREEDOM! ★

★ Estimated Value – PRICELESS! ★

[Sans-Culotte]

Somewhere some Republican office holder needs to take up this case. This is truly scary. He needs to be free and he needs to be awarded millions in damages.

[Shimmer1]

Judges are out of control these days

[KoRn]

WTH?!?!?

Surely there has to be more to this. They locked him up for having guns in his trunk? That’s difficult to imagine, even for a gun grabbing state like NJ.

If that’s how it really happened, we need to get together and spring this man out of prison!

[Vendome]

That’s an awful lot of suppression.

There must be more to the story.

[doc1019]

Unfortunate most Judges are appointed, not elected. As appointed positions they are not held to any standards or beholden to any standards but their own.

[wku man]

This would be a perfect opportunity for Chris Christie to step forward and score some points with gun owners. I've seen people on past threads saying Christie is squishy on the 2nd Amendment. He needs to issue a pardon and have the guy's record expunged, as well as punish that POS judge who disallowed the evidence.

Scouts Out! Cavalry Ho!

[TBP]

They do it because he’s a dissenter. The People’s Republic of Obamastan.

[piytar]

“This would be a perfect opportunity for Chris Christie to step forward and score some points with gun owners. I’ve seen people on past threads saying Christie is squishy on the 2nd Amendment. He needs to issue a pardon and have the guy’s record expunged, as well as punish that POS judge who disallowed the evidence.”

My thoughts exactly. To get that done, we need to help get the story to go viral. I pinged Drudge. May I suggest others do similar or likewise?

[ICE-FLYER]

I want that ba$tard judge in jail for life. I want his fortune given to the other wrongfully jailed man and I want all judges to be forced to understand why!

[DTogo]

Indeed, this is akin to Jim Crow laws for gun owners, and a clear violation of this man's Constitutionally guaranteed right to keep and bear arms.

Also a violation of Article IV Section II: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

There has to be more to the story.

[muddler]

Is this the judge?

Judge James J. Morley
Burlington County Cts. Facility
49 Rancocas Road
Mt. Holly, New Jersey 08060
609-518-2965
Fax: 609-826-7071

[arthurus]

Governor Christie needs to crank up his pardon machine for the likes of this one.

[Still Thinking]

The jury returned from deliberation three times practically begging the Judge to tell them the law that protects an individuals rights to transport firearms—the Judge outright refused to tell them!

And the dipwads voted to convict anyway??!! [facepalm]

[dcwusmc]

Yeah, they did. That’s why we need fully informed juries. I think the link is http://www.fija.org. I could be wrong. I can’t check as I am on my BlackBerry right now.

[dcwusmc]

Yes, the link is good and it works. I am truly amazed.

[chaosagent]

That’s an awful lot of suppression.

There must be more to the story.

---

Can we assume you didn’t READ the story?

[Still Thinking]

Yeah, they did.

In that case I hold them more responsible than their judicial employee, the judge. They're there to keep an eye on him. Plus, when something goes wrong, you don't blame the lackey if the boss was right there watching him mess up and didn't say anything.

[Vendome]

If it makes you feel better.

[The Cajun]

Do a google search on this clown judge, he should be serving time or in a “Nut” ward.