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Chris Christie commutes gun sentence of Brian Aitken (To time served)
Hotair ^ | 12/21/2010 | Allahpundit

Posted on 12/21/2010 7:13:02 AM PST by SeekAndFind

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To: SeekAndFind

Out of curiosity I checked on the gun laws for Kansas, and was shocked to learn that they “generally” don’t prohibit OPEN Carry of lawful weapons here. I am really surprised, however that would sure get you a lot of unwanted attention IMO.


41 posted on 12/21/2010 8:32:39 AM PST by SaintDismas
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To: And2TheRepublic
Ignorance is too an excuse for law breaking and so are stupid laws, unneeded laws, unnatural laws, unenforceable laws, and unconstitutional laws too name a few.

Are you ready to accept your own imprisonment and conviction based on some obscure law that a reasonable would never be aware of?

There are way too many laws and it is no longer possible to KNOW what laws there are. Having the ability and opportunity to understand and know a law exist is fundamental to the concept of “ignorance of the law is no excuse...”. That is an ancient doctrine and rest on some ancient principals that help determine what is good law making. Needless to say our government is big on the ignorance is no excuse part but not so much on making good law.

Ignorance is a valid excuse for lawbreaking by government employees just not us lesser folk.

42 posted on 12/21/2010 8:33:23 AM PST by FreedomNotSafety
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What about MOM? I’d like to know what the heck she was thinking. If your son is suicidal, you don’t call the police, you call an ambulance.


43 posted on 12/21/2010 8:47:51 AM PST by Jenny217
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To: And2TheRepublic
But, ignorance of the law isn’t an excuse to break it.

The judge fostered ignorance of the law when he refused to give the jury the exceptions part of the law. It was like being tried for murder without the jury being advised of the self-defense exceptions in the law. The judge is the one who should be serving time.

44 posted on 12/21/2010 8:55:02 AM PST by Niteranger68 (I am in the party of "HELL NO"!)
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To: SeekAndFind

But, he has STILL lost his guns, and his GUN RIGHTS! Give him BACK his RIGHTS!!


45 posted on 12/21/2010 9:08:30 AM PST by 2harddrive
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To: And2TheRepublic
Although I completely agree that he should be released. The laws in NJ are retarded. But, ignorance of the law isn’t an excuse to break it.

I'm sorry, but i just simply cannot accept that concept in this day and age, when tens of thousands of new laws and regulations are generated every year, all of which we're somehow magically supposed to be aware of and follow.

Thae average American's absolute worship of the law as if it were holy writ is one of the biggest problems we're going to face in getting this beast turned around, or if necessary, killed.

46 posted on 12/21/2010 9:33:32 AM PST by zeugma (Ad Majorem Dei Gloriam)
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To: Jenny217

“What about MOM? I’d like to know what the heck she was thinking. If your son is suicidal, you don’t call the police, you call an ambulance.”

Sorry, I have to disagree. This is an instance where the ambulance can’t do anything until after the fact. The police can put someone in protective custody if they feel the patient might harm himself, while the ambulance can only stand by if the patient declines transport - they cannot take someone against their will without a police order.


47 posted on 12/21/2010 11:00:01 AM PST by Old Forester
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To: FreedomNotSafety

“Ignorance is too an excuse for law breaking and so are stupid laws”

________________________________

Im assuming your being a little sarcastic with a side frustration over the incident in NJ.

I am a former Police Officer and i know from experience that ignorance is not an excuse at all. I am now Active Military and see it in that side of the spectrum as well.

Do i think the judge is wrong? yes. Do i think the guy should be pardoned? yes. Do i think the laws up there are stupid? yes.

Government on all levels are tramping all over our Constitutional rights. That being said, I feel that i have a right to bear arms and open carry, but would i wouldnt go and do it right now because i know that its illegal where I’m from.

that may be a bad example, but it’s the only i have at the moment.


48 posted on 12/21/2010 11:22:16 AM PST by And2TheRepublic
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To: Kent C

re: looks like the guy is going to appeal the conviction too.

Seems to me I heard that a pardon would preclude his appeal of the original conviction. If so then from what’s known about the case at this point then I think I too would hold out for having it overturned on appeal.

Sadly though, many states now have laws that restrict your right own or carry a firearm based on the charges for which you were arrested, not a conviction on those charges. In Florida if you were arrested on a charge for which the penalty on conviction would be a year or more in jail then you are denied a CCW permit without going through a lot more hoop-jumping. Same for working with children.

I was quite surprised to learn that just the arrest, not even a trial or conviction, would make you ineligible for any number of privileges in Florida. Although I really should say you loose your rights, not necessarily privileges. Even a full and complete pardon means you have to go through extra steps and scrutiny in these cases.

The laws were passed in response to so many felony charges being plea bargained down to misdemeanors by prosecutors who were too strapped for resources to go to court on the harsher charges.


49 posted on 12/21/2010 12:34:25 PM PST by jwparkerjr (It's the Constitution, Stupid!)
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To: And2TheRepublic
“Ignorance is too an excuse for law breaking and so are stupid laws” ________________________________ "Im assuming your being a little sarcastic with a side frustration over the incident in NJ. I am a former Police Officer and i know from experience that ignorance is not an excuse at all. I am now Active Military and see it in that side of the spectrum as well. Do i think the judge is wrong? yes. Do i think the guy should be pardoned? yes. Do i think the laws up there are stupid? yes. Government on all levels are tramping all over our Constitutional rights. That being said, I feel that i have a right to bear arms and open carry, but would i wouldnt go and do it right now because i know that its illegal where I’m from. that may be a bad example, but it’s the only i have at the moment." Sarcasm was not intended. I meant every word of it. First of all and very literally ignorance can be used as an excuse by the very definition of the word excuse. It may not be helpful in any given legal predicament but it is still an excuse. Second, we have reached the point in this country with the overwhelming volume of laws both criminal and civil that it is no longer possible to know them all. Even with knowing them all who is to know how they may be interpreted by a prosecutor, judge, or lawyer?

If it is not possible to know or understand the law then it is reasonable to not to prosecute people for violating it. So it may not yet be a winning defense in this country but it will have to be allowed soon enough or many people are going to be ensnared by our government.

Our system of laws is now designed to trap the unknowing and allow for selective enforcement. Justice is no longer blind or balanced.

50 posted on 12/21/2010 12:50:15 PM PST by FreedomNotSafety
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To: FreedomNotSafety

Sorry for the poor formatting. There should be a break after the last parentheses.


51 posted on 12/21/2010 12:52:54 PM PST by FreedomNotSafety
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To: Old Forester

If you want your son arrested, call the police, if you want your son to get medical attention, call an ambulance. They are trained to handle people in such a crisis. There is no indication he would have refused assistance, if in fact he was truly suicidal. Maybe she just didn’t like him having guns. One thing I’m sure of it will be a weird Christmas at their house this year.


52 posted on 12/21/2010 12:54:53 PM PST by Jenny217
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To: SeekAndFind

If found guilty by his ‘peers’, wouldn’t it be ‘activism’ if he were pardoned?
I think the commucation is appropriate


53 posted on 12/21/2010 12:59:36 PM PST by griswold3 (Employment is off-shored, away from govt. regulations, price pressure groups, and liabilities.)
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To: Jenny217

“There is no indication he would have refused assistance, if in fact he was truly suicidal.”

Just venturing a guess, here, but I’m betting you don’t have any experience in this field. I’ve been an EMT for over 30 years and have yet to have a suicidal patient that was readily willing to be transported. Occasionally you can talk one into it, but it usually takes a long time, not always a luxury you can afford.


54 posted on 12/21/2010 1:22:45 PM PST by Old Forester
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To: SeekAndFind; neverdem; DixieOklahoma; reuben barruchstein; theprophetyellszambolamboromo; Alusch; ..
Christie commutes sentence in gun case

Gun owner released from prison after Christie commutes sentence

55 posted on 12/22/2010 8:09:32 PM PST by Coleus (The Immaculate Conception: O Mary, conceived without sin, Pray for us, who have recourse to Thee)
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To: Old Forester
Brian Aitken was NOT at all suicidal. His mother even regretted dialing 9-1-1 in the first place.
She hung-up the telephone before the outbound call was answered, yet the police dispatched a cruiser to the address from which the call originated.
Brian naturally felt he was in complete compliance with the law the entire time.


56 posted on 12/22/2010 8:58:46 PM PST by Blue Jays (Rock Hard, Ride Free)
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To: calex59

That’s exactly what I was thinking. Why not pardon? Geesh...


57 posted on 12/23/2010 5:22:44 AM PST by alice_in_bubbaland (DeMint/Ryan 2012!!!!!)
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To: ohiobuckeye1997

“the government of scum leftists as we are so plagued....”

That’s what they are. We need to make stopping voter fraud a front-line issue in the coming election in order to flush this scum out of our lives.


58 posted on 12/23/2010 6:58:41 AM PST by Constitutional Patriot (Socialism is the cancer of humanity.)
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To: ohiobuckeye1997

“the government of scum leftists as we are so plagued....”

That’s what they are. We need to make stopping voter fraud a front-line issue in the coming election in order to flush this scum out of our lives.


59 posted on 12/23/2010 6:58:54 AM PST by Constitutional Patriot (Socialism is the cancer of humanity.)
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To: SeekAndFind

“You and I are probably violating some law right now without knowing it. Yet, it’s not an excuse to break the law”

This is how tyrannies operate. They creat vast oceans of laws and regulations so that at any point, you are breaking a law (...an enemy of the state..)

The tenet that “ignorance of the law is no defense to breaking it” makes perfect sense when the number and type of laws on the books are readily available and understandable (e.g. you can’t steal a horse - if you do you will be hanged). When “the law” is thousands upon thousands of pages requiring professional interpretation via the services of an attorney, it is unreasonable and illogical to expect an otherwise law abiding citizen to be aware of all of these laws. The law becomes a trap by the statist government to intimidate and incarcerate anyone that they want silenced.


60 posted on 12/23/2010 7:08:30 AM PST by Constitutional Patriot (Socialism is the cancer of humanity.)
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