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, its 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 Jerseys 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 Jerseys 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 teachers pension he spent 34 years earning.
As Van Gilder states in the video aboveAvoid New Jersey. Dont come here. And as Nappen notes, twice as many families are currently leaving New Jersey as are arriving in the state. New Jerseys 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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New Jersey is a state it’s best to keep moving through without stopping.
Keep moving through the state (reference the McClure-Volkmer Act to only stop for gas and emergencies) towards your final destination state. Your destination state must have acceptable laws for your stay.
We make some generalities with our color map here for ease of use so you should always look up the current details of the laws. Handgun laws are where it usually varies the most. This is a controversial issue but which ever side you are on, it is better to have informed people out there. You can also download an easy to print new 2013 version with all states and details.
New Jersey Gun Law Travel Guide Basics
Ownership: restricted, permits and id cards required Consistency of laws: uniform throughout state
Self-defense: NO castle doctrine
Open carry: prohibited
Concealed carry: licenses may possible be issued, no other states permits accepted
Vehicle carry handguns: not permitted without NJ permit or law issued purchaser card
Vehicle carry long guns: not permitted without NJ permit or law issued purchaser card
http://www.allstays.com/Features/new-jersey-gun-laws-travel-guide/
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
I think at a subcontious level many government authorities actually derive pleasure from terrorizing their citizens. The more outrageous the case, the more it gives them a thrill. The power to punish the innocent is their ultimate thrill.
Sounds like a pretty stupid law.
However, I think it’s reasonable to point out that if we really believe in federalism and/or states’ rights, part of the package is that some states will pass stupid laws.
For most of its history, the Bill of Rights was not considered to apply to the states and their laws. 14A has gradually changed that. I believe recent rulings have decided 2A does apply to the states in some cases. Maybe this case will expand rights farther.
When you refuse to give the police permission to search your vehicle, they will impound the vehicle and arrest you on the spot ... believe me, it happens ...
They also missed the part about searches and seizures without probable cause. Indeed, what possible cases could this dick cop have for searching the car of a 72 year old man after a routine traffic stop.
Yet newark and camden NJ are gun free zones where you can buy an illegal gun and use it on other humans. Stupidity is common place in many states
If only New Jersey were part of the United States.
The article doesn't say when he bought the flintlock. My guess is that he was followed or his plate was placed on a radar, and the cop used some stupid excuse to stop him.
The article also does not state what the traffic violation was.
It wouold be funny if it were not tragic.
How many disarmists have said that the second amendment only applies to flintlocks?
Not in New Jersey.
They understand it alright, they just do not abide by it. The only recourse is, if you even think the word gun, stay the hell out of New Jersey. Let them do their own gardening.
Agreed.
AMEN and AMEN!!!!
Never forget: Don't talk to the police. Never consent to having your vehicle searched. Both of these will probably result in a ride in a police car and having your vehicle towed, but it beats prison time.
“For most of its history, the Bill of Rights was not considered to apply to the states and their laws.”
For about 90 years, from 1833 to about 1925, roughly.
There were state court cases in the early 1800’s that invalidated state weapons laws based on the second amendment. In 1833, the Supreme Court ruled that the Bill of Rights did not apply to the States in Barron v. Baltimore.
Then about 1925, the Supreme Court started, belatedly, saying that the 14th amendment applied the protections of some of the bill of rights to the states.
That is about 90 years out of 225, even though incorporation has been a hit and miss, slipshod process.
Thank you for your response. I had been trying to think of a phrase to use but could think of one.
+2. Never ever never.
Yep, that’s how I figure it would go down.
This one story would have been enough to spark the 1st American Revolution. We no longer have the right to even pretend that we live in a free country.
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