Posted on 02/15/2015 11:08:01 AM PST by digger48
When a 72-year-old retired school teacher faces a 10 year felony sentence (a likely life sentence) for possession of an unloaded 18th century flintlock pistol, one knows immediately that we can only be talking about a handful of states in which such a travesty can happen. In this case, not surprisingly, it’s the “Garden State” of New Jersey.
Gordon Van Gilder, who taught in the New Jersey school system for 34 years, is a collector of 18th century memorabilia. He acquired a genuine antique flintlock pistol from that era, and had it unloaded and wrapped in a cloth in his glove compartment when he was pulled over for an alleged minor traffic violation.
Van Gilder consented to a requested search of his vehicle, and when asked by the officer if there was anything in the car the officer should be worried about, Van Gilder informed him about the flintlock in the glove box. Although not arrested that day, the next morning several patrol cars woke him at his home and placed him under arrest.
New Jersey’s draconian gun laws explicitly include antique firearms such as this 300-year-old pistol. Indeed, possession of a slingshot is a felony under New Jersey law.
Van Gilder is represented by Evan Nappen, a well-known attorney specializing in gun law cases, and thus is as well-represented as could be hoped for this case. It was Nappen who successfully represented Philadelphia nurse Shaneen Allen when she was charged with unlawful possession of her PA-licensed handgun in New Jersey. The mother of two small children was ultimately permitted to enter pre-trial intervention rather than be subject to trial and New Jersey’s mandatory minimum sentence of 3 1/2 to 5 years imprisonment. That outcome, however, took direct intervention by the state Attorney General, likely at the prodding of the presidential-aspirant Governor Chris Christie.
Van Gilder will be fortunate indeed if Nappen can win him a similar arrangement. Even a plea agreement that avoids jail time but convicts Van Gilder of a felony would likely jeopardize the teacher’s pension he spent 34 years earning.
As Van Gilder states in the video above–”Avoid New Jersey. Don’t come here.” And as Nappen notes, twice as many families are currently leaving New Jersey as are arriving in the state. New Jersey’s population loss relative to other states is also evident in its loss of a House seat following the 2010 census. Other northeastern extremist gun control states have similarly lost House seats in recent years, with New York losing two seats and Massachusetts losing one seat.
–-Andrew, @LawSelfDefense
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And infringing on free speech and press to shut abolitionists up.
Nope, though it doesn’t seem very likely.
Just pointing out what should be obvious, that if you really believe states have enormous scope in what they can do, some of what they do will likely be stupid.
3A has never been the basis of a Supreme Court decision, so I wouldn’t expect it to become a hot issue next week.
If they are going to search your vehicle whether you consent or not, you are better off not consenting to a search, because then you have the option of challenging the legality of the search in court. If you consent, that is one option you will not have later.
I suspect the Van Gilder had a Firearm ID Card, and the police officer wanted to search his vehicle for this reason. The state has a list of all Firearm ID Card holders. One would have to assume that this list has been entered into the police databases. When a Firearm ID Card holder is stopped for a traffic infraction, it would be reasonable to assume that the FID pops up on the screen in the police cruiser when the driver's name is entered.
Since there are about a dozen ways to break the law when transporting a firearm in NJ (including keeping it in the glovebox), a police officer has a good chance of making an arrest if a person has a gun in the car. Tossing the vehicle of every FID holder is a good place to start.
Good to Know,
Thanks.
I like my 1858 New Army Remington along with a little .32 cal Hawken.
Fun Shooting!
” As far as I’m concerned, his failure to intervene is protecting our God-given right to keep and bear arms permanently disqualifies him for any office higher than dog catcher. Abusing citizens who exercise their constitutional rights is a disgusting act that all NJ officials should be ashamed of.”
From what I understand Crispy is anti 2A! If he or Shemp Bush are the GOP nominee, we’re done as a country.
Well - just so long as the Dem voter goes down with the rest of the People, as the Left makes it's move to enslave us...I guess that makes it OK to ignore the real issue at hand.
I see stories like this, and others out of places like NY and CT, and think “those guys are past the Claire Wolfe stage.”
How a state that started out rebelling against the British crown with the Boston Tea Party could have come full circle, where they now are as oppressive as what they originally rebelled from, is beyond my pay grade and comprehension.
Westward expansion... as soon as government got big enough to really get on people’s nerves with all the litigation they would pack up and move overhill...leaving the government and its minions behind them. But then once they settled in and things were nicer and tamer, the nannystaters and government followed. And then got annoying....starting it all over again.
And then there is the land grant thing- the government paid soldiers with land so the veterans moved ever westward, leaving the wimpier folks behind.
:-)
I was born and raised in the west with right-to-work laws, open spaces and conservative folks around me. The Northeast still seems like a foreign country to me. And our enemy to boot, not an ally.
You said it!
It is a wonder to me that people can’t see this, or refuse to see this.
1. NEVER consent to a search. If you don’t use the 4th amendment you don’t have it.
2. So, wonder what the “the 2nd amendment only protects muskets” crown will have to say about this.
3. How many reasons do you need to not live in New Jersey?
People need to be informed.
NEVER CONSENT TO A SEARCH,DAMN IT!!!! This is basic stuff people.
Never volunteer information. You have a right to remain silent.... USE IT!
Google “Jury Nullification”. This tactic saved the NJ Weedman.
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