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Flintlock from 1700s could land elderly NJ man in prison
Fox News.com ^ | February 18, 2015 | Maxim Lott

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."

“It’s crazy," Nappen told FoxNews.com. "The gun was unloaded and strictly possessed as a historical relic. We’re hoping the prosecutor will exercise discretion and dismiss his case.”

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; US: New Jersey
KEYWORDS: 2a; 2ndamendment; bang; banglist; flintlock; guns; krispykreme; newjersey; newjerseyfatman; nj; screwnj; secondamendment; welcometonjnowgohome
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1 posted on 02/18/2015 4:05:54 PM PST by Kaslin
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To: Kaslin

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.


2 posted on 02/18/2015 4:08:33 PM PST by FlingWingFlyer (The Illegal Aliens' Message to Americans. Hands Up, Don't Breathe!)
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To: Kaslin




how could anyone be so STUPID...as

oh thats right... the run of the mill gun grabber devotee is afraid of what THEY would do with a gun....

scrub that question
3 posted on 02/18/2015 4:11:15 PM PST by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><>)
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To: Kaslin

New Jersey? Don’t they have a Republican Governor? How could state with a Republican Governor allow such a ridiculous law to stand?


4 posted on 02/18/2015 4:13:47 PM PST by RC one (Militarized law enforcement is just a politically correct way of saying martial law enforcement.)
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To: Kaslin

Simply outrageous.


5 posted on 02/18/2015 4:14:37 PM PST by wvguy
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To: Kaslin

Some places do not consider a black powder pistol as a firearm.


6 posted on 02/18/2015 4:16:56 PM PST by mountainlion (Live well for those that did not make it back.)
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To: Kaslin

Bet that pistol will look nice in some prosecutor’s display case.


7 posted on 02/18/2015 4:16:57 PM PST by sphinx
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To: Kaslin

ATF considers it to be an antique and not applicable to gun laws.


8 posted on 02/18/2015 4:17:41 PM PST by mylife
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To: Kaslin

NJ is full of idiots from the governor on down.


9 posted on 02/18/2015 4:18:03 PM PST by Fledermaus (The GOP is dead to me! McConnell and Boehner can drop dead!!)
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To: Kaslin
I wonder if any of those involved will realize the irony that a successful revolution was sparked when the Brits tried to disarm the colonists.......colonists who were armed with pistols similar to this one.

“I’m charged with a felony," he said. "That could ruin my life. That could hurt my pension that I spent 34 years acquiring. And I couldn’t vote. It’s not right, it’s 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.

10 posted on 02/18/2015 4:18:18 PM PST by Repeat Offender (While the wicked stand confounded, call me with Thy saints surrounded.)
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To: Repeat Offender

Is one of the reasons I am departing this State in May


11 posted on 02/18/2015 4:23:27 PM PST by DocJhn
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To: mountainlion

I’ve got my 1836 replica revolver next to my bed
It’s fearsome. Sends a very loud boom, and ten feet of flame!


12 posted on 02/18/2015 4:28:11 PM PST by Dr. Bogus Pachysandra (Don't touch that thing Don't let anybody touch that thing!I'm a Doctor and I won't touch that thing!)
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To: MeshugeMikey

A pop-tart bitten into a certain shape is about as likely to fire.


13 posted on 02/18/2015 4:28:45 PM PST by 9thLife ("Life is a military endeavor..." -- Pope Francis)
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To: Kaslin

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.


14 posted on 02/18/2015 4:29:16 PM PST by Yashcheritsiy (It's time to repeal and replace the GOP)
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To: Kaslin

a pipe with an end cap is just as dangerous.


15 posted on 02/18/2015 4:30:00 PM PST by hadaclueonce (Ethanol is stupid.)
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To: Kaslin
Actually, poising a flintlock pistol manufactured before the year 1898 CAN NOT get you sent to prison for the simple reason that a firearm manufactured before 1900 is not a gun from a government regulatory perspective.

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.

16 posted on 02/18/2015 4:30:13 PM PST by rdcbn
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To: mylife
ATF considers it to be an antique and not applicable to gun laws

Not just ATF, but the Gun Control Act of 1968.

17 posted on 02/18/2015 4:30:36 PM PST by Inyo-Mono
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To: Repeat Offender

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?


18 posted on 02/18/2015 4:31:57 PM PST by monkeyshine
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To: Kaslin

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.


19 posted on 02/18/2015 4:32:52 PM PST by TalBlack (Evil doesn't have a day job..)
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To: rdcbn
Actually, poising a flintlock pistol manufactured before the year 1898 CAN NOT get you sent to prison for the simple reason that a firearm manufactured before 1900 is not a gun from a government regulatory perspective.

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.

20 posted on 02/18/2015 4:33:42 PM PST by Inyo-Mono
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