Posted on 12/02/2010 12:16:26 PM PST by onyx
In New Jersey, residents who want to transport firearms legally must request a permit from a local law enforcement office and produce a letter stating why it is necessary for them to carry a gun. In other words, New Jerseyans have to prove need before exercising what many Americans consider a constitutional right.
Twenty-seven-year-old Brian Aitken is learning that the hard way. Arrested in 2009 when police officers found two handguns locked and unloaded in the trunk of his car, Aitken was just sentenced in August to seven years in prison.
Now, protesters across the state are organizing a push for an appeal for the court’s ruling. A “Free Brian Aitken” Facebook page has almost 7,000 fans, the website briandaitken.com was built and a rally will be held Dec. 12, in Towns River, N.J. Aitken’s family is asking Chris Christie to grant clemency — gun control just might be the next test conservatives throw at the New Jersey governor.
A pardon from Christie is far from assured, even if he does have fairly established, conservative credentials.
During his 2009 campaign, he told Fox News host Sean Hannity, “Listen, at the end of the day, what I support are common sense laws that will allow people to protect themselves. But I also am very concerned about the safety of our police officers on the streets. Very concerned. And I want to make sure that we don’t have an abundance of guns out there.”
Nothing about Aitken’s past or history suggests he was a threat to the safety of police, or anyone else for that matter. After separating from his wife in 2008, Aitken moved from Colorado to his native home of New Jersey the end of that year, to be closer to his son.
Shortly thereafter, in January 2009, Aitken – according to one account – “became distraught, muttered something to his mother, and left his parents’ home in Mount Laurel, NJ,” after his ex-wife canceled a visit with their son.
At that point, his mother, who is a trained social worker, called the police out of concern. That’s when things went downhill for Aitken. After the police caught up with him, they determined he wasn’t a threat to his or anyone else’s safety, but proceeded to search his car anyway. Upon finding the guns, police pressed weapons charges against Aitken.
His family and supporters are arguing that not only did Aitken obtain the guns legally, but he was also exempted from New Jersey’s guns laws because he was simply moving residences. They also say the judge who tried the case, Justice James Morley, ignored supporting evidence of that.
You’re the naive one. He’ll pardon him before Christmas or not at all.
I was wondering about that also, after my post.
You would think an actual working social worker would have more experience dealing with this sort of thing. Experience that would inform her that calling the Police on a beloved family member will NEVER work out for the best interests of you or the family member.
Good that you are familiar with the case. A quick reading of the case leads me to the same conclusion. Pardon the man, and do it before Christmas.
So much for the 'Christie for Prez' effort...
IMHO, because Christie is ANTI-GUN!
I don't think he could (or should) ever run for President as a Republican until he gets his head out of his ass on the 2A...
“In New Jersey, residents who want to transport firearms legally must request a permit from a local law enforcement office and produce a letter stating why it is necessary for them to carry a gun. In other words, New Jerseyans have to prove need before exercising what many Americans consider a constitutional right.”
I would think the Interstate Transportation of Firearms act would take precedence here on equal protection grounds:
“U.S. Code
TITLE 18 > PART I > CHAPTER 44 > § 926A
§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. “
Hopefully he’ll sue.
He’s definitely a Northeast politician. Huge applause for his tough stance against public employee unions, but what other conservative issues is he similarly tough on? I really don’t know. I am interested in learning.
And I want to make sure that we don’t have an abundance of guns out there.”
As John Lott said, “more guns, less crime”. Get a clue on this, Christie.
Colonel, USAFR
What country is New Jersey a part of? For crying out loud, the guy is stopped and there is nothing wrong but for some reason the cops search the car and find two guns locked in the trunk, unloaded. And the guy is sentenced to 7 years!!! Several people should be doing time over this, but Brian Aitken isn’t one of them.
There’s nothing to consider here while a clearly innocent man sits in jail.
Christie is dead to me politically, I don’t want to see his ample backside anywhere outside of New Jersey.
Well, this man is quite obviously innocent, so Christie has no business playing politics with Aitken’s 71/2 year jail sentence.
That’s interesting. I’m not a lawyer, but hopefully Aitken’s can and will sue.
So true. It means emotionally deficient. In other words no common sense applied and no “I care about my own son”.
Governor Christie definitely has “issues” with the 2nd Amendment and that’s not a conservative position. At all.
...”even if he does have fairly established, conservative credentials”.
...BZZZZZ. That would be incorrect. Go back 3 spaces.
I've been watching and discussing this case in another venue, and unfortunately, from the evidence of Christie's prior record, I'm not hopeful he'll do the right thing. He has a clear anti-gun and anti-2nd Amendment record, and I suspect that Talisker's assessment in post #18 is more correct.
For all those Freepers who have been touting Christie as a Presidential prospect, this is a decision that will make or break his chances. However, it's possible that he reads the political wind astutely and is Machiavellian enough to rule against his own desires and pardon the guy (boob bait for the bubbas is an effective ploy). I won't be holding my breath, though.
I’m starting to get mad about this poor man’s fate and situation. Christie needs to get off his high horse or arse now. This is truly outrageous. He’s playing politics while this innocent man sits in jail.
How about freeing Frank Fuster or taking the chains off Gerald Amirault? There’s no shortage of victims of demoKKKrat justice in the land.
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