Flintlock from 1700s could land elderly NJ man in prison

Fox News.com ^ | February 18, 2015 | Maxim Lott

[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.”

[Dr. Bogus Pachysandra]

“Were you using real hard home cast balls?”

Nope! Store bought.

[sargon]

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

Because he's an anti-gun Republican, that's how, regardless of how much he'd like to pretend otherwise.

Christie doesn't need to come within a million miles of running for President for the GOP.

Upon conviction of this unfortunate victim of New Jersey's Tranny, any real patriotic governor would immediately issue a pardon. And the same would be true for any similar case.

Anything less than a gubernatorial pardon would be abject cowardice.

Shame on you, New Jersey! If governor Christie allows this miscarriage of justice to stand, I don't ever want to hear any more "northeast moderate" bleating about his potential viability as a Republican candidate.

God in Heaven! Tyranny like this makes my blood boil!

[sargon]

The cop who arrested this guy is in big trouble for false arrest.

I believe they're prosecuting this poor citizen under New Jersey state law, not Federal, so I assume the Gun Control Act of 1968 does not apply.

[Smokin' Joe]

The cop who arrested this guy is in big trouble for false arrest.

And should be. The man should have his pistol returned, and a bonus check to go with his pension.

[Jack Hammer]

The New Jersey legislature is collectively out of its mind.

[HereInTheHeartland]

“An Assault Weapon most surely....”

Liberals consider the Constitution an assault weapon that should be banned.

[MeshugeMikey]

"Liberals consider the Constitution an assault weapon that should be banned."

IMAGINE "liberals" attempting to "live" under "Sharia Law"

[Svartalfiar]

13:54-1.2 Definitions

"Antique firearm" means any firearm which is incapable of being fired or discharged, or which does not fire fixed ammunition regardless of date of manufacture, or was ma nufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.

"Firearm or firearms" means any handgun, rifle, shotgun, m achine gun, assault firearm, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which 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.

"Handgun" means any pistol, revolver, or other firearm orig inally designed or manufactured to be fired by the use of a single hand.

13:54-1.7 Validity of firearms [purchaser] identification card and permit to purchase a handgun

You need one or the other to purchase any kind of handgun.

13:54-2.2 Permit required
No person, except as provided in N.J.S.A. 2C:39-6, shall carry, hold or possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter.

Bolding is mine. So, unless there's more NJ law on the subject, it doesn't seem to make any exceptions in any way for antiques, since they can fall under the definition of antique, firearm, and handgun. Which means unless he had all his ducks in a row and owned both a license to purchase, AND a license to carry (possess), it looks like he may have a good 2nd Amendment chance to make a good retirement off of the NJ taxpayers.

[devolve]

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- New Jersey Governor Chris Christi is once again holding hands with Temporary Resident Crackhead Hussein Obama Junior . . .

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[devolve]

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• pre-1899 manufacture qualifies as an antique per the ATF

[Inyo-Mono]

Yes, made in December 1898 and before.

[devolve]

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- Most people are all over the map on ATF antique dates

- Try Kirst Converters in CT - per the ATF-legal cartridge conversions for cap & ball percussion ignition revolvers and rplicas

- S&W bought the patent rights in 1855 and Remington bought the license for conversions from S&W in the late 1860’s and early 1870’s - Colt started converting in 1872-1873 when the bored-thry cylinder patents expired

- Sam Colt died in 1862 - and refused to pay one of his employees for the patent rights - bad move Sam!

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[devolve]

i-SISSY

[devolve]

To: Cokehead Hussein II Obama