The first line in the article is not accurate. One does not need a permit to transport a gun that is unloaded and locked in the trunk (as described in the article linked below) under certain exemptions which included traveling to and from a range, and moving from one residence to another.
Actually Brian Aitken should have been covered by the ‘moving’ exemption which is one of the exemptions listed in TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE, 2C:39-6 Exemptions. 2C:36-6e addresses “between one place of business or residence and another when moving”.
He was in the process of moving from out of state to NJ to be closer to his son.
More details here:
http://reason.com/archives/2010/11/15/brian-aitkens-mistake
My guess is the prosecutor decided that since Aiken stopped in his mothers driveway while traveling from out of state to his new residence in NJ, he wasn’t covered by the moving exemption.
His original trial attorney is listed as Richard Gilbert; his appeal attorney is Evan Nappen, an extremely astute expert in gun law, who works with the NJ NRA.
It's even worse than that. The presiding judge refused to allow the jury to even be informed about the moving exemption by the defense. The guy was railroaded.
“Actually Brian Aitken should have been covered by the ‘moving’ exemption which is one of the exemptions listed in TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE, 2C:39-6 Exemptions. 2C:36-6e addresses “between one place of business or residence and another when moving”.
The Federal law should actually make the “moving exemption” irrelevant, as it seems there is no such language in 926A that would restrict transportation to just “changing residence.” But it looks like his lawyers already cited that law. From your article:
“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”
Looks like the Judge and Prosecuter are just plain idiots. Hopefully this gets overturned quickly in Federal Court if not pardoned by Christie.
Big mistake - moving from Colorado to NJ. You couldn’t pay me enough money to live there !