To: My valentine Barry
From: Your butt buddy Krispy Creame.
Happy Valentines Day
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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To: My valentine Barry
From: Your butt buddy Krispy Creame.
Happy Valentines Day
Sound advice:
”Avoid New Jersey. Don’t come here.”
Pension loss looks like it has to be work related. In this case its not.
http://law.onecle.com/new-jersey/43-pensions-and-retirement-and-unemployment-compensation/1-3.1.html
Right you are. Here's the full set:
RULE #1: Never consent to a search of your vehicle.
RULE #2: Politely refuse to answer questions. Say: "I'm sorry, but I can't answer any questions unless my lawyer is present."
RULE #3: Memorize to Rules 1 and 2.
I left the friggin’ state( ZooJersey )after 35 years working there and moved to Pennsylvnia. Had a cc permit in two weeks( wife too) and now can buy all the good “toys’ without magazine limits or buy permits.
When can police search your car?
Whether they frisk you or not, police may ask you a series of questions. They will probably include something like “You don’t mind if I have a look in your car?” Beware of that question: It’s the legal loophole that the officer wants to snare you in. (It might even sound like a command, but it’s technically a request.)
In response to such request, you may politely decline by saying “Officer, I know you’re just doing your job, but I don’t consent to searches.” Some officers may use their authority to make you feel obligated to prove your innocence by asking “What do you have to hide?” Don’t fall for such tricks. If necessary, repeat your refusal.
Remember: The 4th Amendment protects your right to refuse search requests, but it doesn’t require police to tell you about your right to refuse. In fact, consenting to searches automatically makes them legal in the eyes of the law. So if you’re pulled over, don’t try to figure out whether or not the officer has probable cause to legally search you. You always have the right to refuse searches.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don’t occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
http://www.flexyourrights.org/faqs/when-can-police-search-your-car/
Christie is about as good as you could realistically hope for in a state that is and has long been controlled by Democrats. I would support him for governor if I was unfortunate enough to live in New Jersey.
Fortunately, most of the rest of the country is not controlled by Democrats. We can do a lot better than Christie.
In some cases they can. Most states have a list of crimes that can void an already-started government pension. I can't believe that possessing an old flintlock could be one of them, but then again this is New Jersey.
I fail to see what crime he broke being in possession of an antique gun.
Yes, praise God.
Unfortunately, if you do not consent to a search, they will just call in a canine unit. Once the dog “alerts” to your car, they have probable cause to search it, with or without your permission.
If they really want to search your vehicle, the dog “alerts” by breathing.
“I fail to see what crime he broke being in possession of an antique gun.”
In New Jersey, N.J.S.A. 2C:39-5(b) governs charges for illegal possession of a handgun and provides, in pertinent part:
§ 2C:39-5. Unlawful possession of weapons
b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.
He should also face a charge of stupidity. Never, ever consent to a search.
To carry a legal firearm in my vehicle in New Jersey, it must be locked in a case and stored away out of reach in the vehicle. It would be best if it were locked in the trunk. If the vehicle does not have a trunk, it should be in the behind the seats in the back.
The firearm must be unloaded and the ammunition must be kept in a separate, locked case.
I worked and lived in that God forsaken state for 31 years. When I knew that I was going to retire, moved across the river to Pennsylvania, then to Florida. I won’t even go back to visit.
so the FID card does what exactly, and did he have one?
We want them broken.
You better get it straight that it's not a bunch of boy scouts you're up against - then you'll know this is not the age for beautiful gestures.
We're after power and we mean it.
You fellows were pikers, but we know the real trick and you'd better get wise to it.
There’s no way to rule innocent men.
The only power any government has is the power to crack down on criminals.
Well, when there aren’t enough criminals, one makes them.
One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.
Who wants a nation of law-abiding citizens? What’s there in that for anyone?
But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted and you create a nation of law-breakers - and then you cash in on guilt. Now, that's the system Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with."
Ayn Rand, Atlas Shrugged, Part 2, Chapter 3, Page 404
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