“But, ignorance of the law isn’t an excuse to break it.”
> I guess you missed the part where he called the police of NJ and asked about transporting the weapons and was abiding by what they told him? The judge simply threw that testimony out and wouldn’t let it be mentioned to the jury.
Exactly right and not only did he ask and comply with NJ law, he asked and complied with transporting from Colorado, checked the airlines, etc. and properly stored them unloaded and in their cases in his trunk.
A complete pardon would have been better but it looks like the guy is going to appeal the conviction too.
I do it under the Firearm Owner's Protection Act of 1986, which guarantees safe passage between two locations/jurisdictions in which you may legally possess a gun. In my case, my residence in NJ, and PA, where I hold a CCW. With this kind of judge, I can see problems though...
In any event, the Judge's suppression of relevant testimony as well as his refusal to allow the affirmative defense should make this ripe grounds for an appeal.
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.