Posted on 02/18/2015 4:05:54 PM PST by Kaslin
A retired teacher is facing 10 years in prison and the loss of his state pension for possessing a flintlock pistol that may not have been fired since George Washington was alive, his attorney told FoxNews.com on Wednesday.
In a case that underscores the Garden State's strict gun laws, Gordon Van Gilder, a retired English teacher and collector of historical items, has been charged with criminal possession of a handgun and faces up to 10 years in prison. If the 72-year-old is convicted, the charge carries a mandatory minimum sentence of 3.5 years and the pension Van Gilder earned as an educator could be revoked, penalties attorney Evan Nappen called "outrageous."
Its crazy," Nappen told FoxNews.com. "The gun was unloaded and strictly possessed as a historical relic. Were hoping the prosecutor will exercise discretion and dismiss his case.
(Excerpt) Read more at foxnews.com ...
Land of the free, my ass! Freedom left when the Kenyan and his Nazi crowd crawled out of the ocean up on to the land.
New Jersey? Don’t they have a Republican Governor? How could state with a Republican Governor allow such a ridiculous law to stand?
Simply outrageous.
Some places do not consider a black powder pistol as a firearm.
Bet that pistol will look nice in some prosecutor’s display case.
ATF considers it to be an antique and not applicable to gun laws.
NJ is full of idiots from the governor on down.
Im charged with a felony," he said. "That could ruin my life. That could hurt my pension that I spent 34 years acquiring. And I couldnt vote. Its not right, its not fair.
This guy was a teacher in NJ for 30+ years.......wonder which way he voted? I'm guessing he has the government he deserves.
Is one of the reasons I am departing this State in May
I’ve got my 1836 replica revolver next to my bed
It’s fearsome. Sends a very loud boom, and ten feet of flame!
A pop-tart bitten into a certain shape is about as likely to fire.
Honestly?
This ought to result in New Jersey being reverted to territorial status, since it is not maintaining a genuine republican state government, and needs to be restructured.
a pipe with an end cap is just as dangerous.
A firearm made before 1898 is considered a relic that is not subject to government regulation as per the Gun Control Act of 1968 as below
” From the Gun Control Act of 1968 (Which modified Title 18, U.S. Code):
18 USC 921 (a)(16).
(A) any firearm (including any firearm with a matchlock, flintlock,
percussion cap, or similar type of ignition system) manufactured in or
before 1898;
or
(B) any replica of any firearm described in subparagraph (A) if such replica —
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured
in the United States and which is not readily available in the ordinary channels of commercial
trade.”
The cop who arrested this guy is in big trouble for false arrest.
Not just ATF, but the Gun Control Act of 1968.
I wonder what the teacher’s union - heck all the state unions - have to say about the state being able to strip a person of their pension if they are convicted of a crime.
Right now, its a gun crime. But that could easily be expanded to DUI, drug crimes, bouncing checks, speeding etc.
Not to be interpreted as being in favor of the unions. Merely surprise that they did not intervene. Maybe because it had to do with guns? Or is that any felony?
Ah so there is something that can get a teachers pension lifted. For the longest time it seemed to me that there was no crime so great.
A firearm made before 1898 is considered a relic that is not subject to government regulation as per the Gun Control Act of 1968
Actually the cutoff is 1898, not 1900 and they are considered "antiques" not "relics" which is a different category.
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