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View Full Version : Man given 7 yrs in N.J. for LEGALLY owning guns.




phill4paul
10-23-2010, 05:18 PM
http://www.examiner.com/gun-rights-in-national/how-can-new-jersey-imprison-a-gun-owner-who-broke-no-laws


At trial Brian Aitken’s defense team showed the jury Brian’s three FBI background checks to lawfully purchase firearms, a number of witnesses—including a Mount Laurel police officer—testified that Brian was moving between residences and all witnesses—including the Mount Laurel police officer—testified that Brian’s firearms were unloaded & locked in the trunk of his car exactly as New Jersey State Law requires…Brian knew how to do this because he had called the New Jersey State Police days earlier to ensure he was in compliance with the law…a fact the Judge ruled inadmissible in the court room.

Now, this 26 year old small business owner—with no prior criminal record—is sitting in jail for 7 years simply because a Judge, since removed for misconduct in a different case, refused to allow the jury to apply the state law that allows abiding gun owners to transport their legally owned firearms from one house to another.

The jury returned from deliberation three times practically begging the Judge to tell them the law that protects an individuals rights to transport firearms—the Judge outright refused to tell them!

Maximus
10-23-2010, 05:27 PM
Why didn't the jury just declare him innocent? Stupid jury should have told the judge off

squarepusher
10-23-2010, 05:29 PM
Why didn't the jury just declare him innocent? Stupid jury should have told the judge off

this, know your rights

phill4paul
10-23-2010, 05:32 PM
Why didn't the jury just declare him innocent? Stupid jury should have told the judge off

Quite true. However, since the judge would not even allow the state law to be presented then I doubt that he allowed the defense to inform the jurors of their right of nullification.
Just another day in the land of the sheep and the home of the slave.

Jeremy
10-23-2010, 05:32 PM
Join http://www.facebook.com/#!/pages/Free-Brian-Aitken/159490174062865

"A few books Brian mentioned he would like to read:

* V for Vendetta by Alan Moore
* Guy Fawkes by William Harrison Ainswort
* Capitalism by Ayn Rand
* Hells Angels by Hunter S. Thompson
* Historys Leaders (Don't know actual title) by Steves Forbes
* A Manifesto by Ron Paul
* Civil Disobedience by H.D. Thoreau about Taxes & Jail

If you'd like to send a book please send a paperback straight from the manufacturer!"

Brett
10-23-2010, 05:33 PM
Absolutely pathetic. Can Gov. Christie do anything about this?

Uriel999
10-23-2010, 05:54 PM
Ahhh, just another glorious day in the land of the free.

Now we've learned from the Civil War that states can't secede...but could we kick a state out of the Union? :D

Chester Copperpot
10-23-2010, 05:55 PM
i just educated a friend on jury nullification today.. its amazing how ignorant the general populace is of such things and my friend is pretty politically involved

Anti Federalist
10-23-2010, 06:00 PM
OK, first thing. As an ex Garbage State resident I can tell you this, firearms are like handling heroin in that state. Just having them is, by virtue of this story, liable to land you in prison.

Firearms owners having anything to do with NJ, you are duly warned.

Now, second point, from the article: How he was found with the guns in the first place.


The only reason police were searching his car was in response to a 911 call his mother made when she was concerned about his welfare…not the welfare of anybody else. Brian’s ex-wife had canceled visitation of his infant son once again and his mother’s concerns were about Brian being possibly suicidal….she pleaded to the Judge before his sentencing that she had made the call to protect her son, not to have him thrown in state prison. Brian has no criminal record, no violent tendencies, and owned the weapons lawfully purchased in Colorado as protection for his home and family.

Jesus weeping Christ on the cross.

For Fuck's Sake people:

COPS ARE NOT YOUR FRIENDS!!!

THEY ARE NOT THERE TO "HELP YOU"!!!

THEY WILL CAUSE MORE HARM THAN DOING NOTHING!!!

DO NOT CALL OR TALK TO COPS!!!

jclay2
10-23-2010, 06:08 PM
OK, first thing. As an ex Garbage State resident I can tell you this, firearms are like handling heroin in that state. Just having them is, by virtue of this story, liable to land you in prison.

Firearms owners having anything to do with NJ, you are duly warned.

Now, second point, from the article: How he was found with the guns in the first place.



Jesus weeping Christ on the cross.

For Fuck's Sake people, COPS ARE NOT YOUR FRIENDS!!!

THEY ARE NOT THERE TO "HELP YOU"!!!

THEY WILL CAUSE MORE HARM THAN DOING NOTHING!!!

DO NOT CALL OR TALK TO COPS!!!


I support this message!

phill4paul
10-23-2010, 06:15 PM
OK, first thing. As an ex Garbage State resident I can tell you this, firearms are like handling heroin in that state. Just having them is, by virtue of this story, liable to land you in prison.

Firearms owners having anything to do with NJ, you are duly warned.

Now, second point, from the article: How he was found with the guns in the first place.



Jesus weeping Christ on the cross.

For Fuck's Sake people, COPS ARE NOT YOUR FRIENDS!!!

THEY ARE NOT THERE TO "HELP YOU"!!!

THEY WILL CAUSE MORE HARM THAN DOING NOTHING!!!

DO NOT CALL OR TALK TO COPS!!!

When I found this story I thought to myself "Self, this has AF written all over it.":D

Second I had not mentioned that relevant part of the story because I knew you would do it so well.;)

Anti Federalist
10-23-2010, 06:33 PM
When I found this story I thought to myself "Self, this has AF written all over it.":D

Second I had not mentioned that relevant part of the story because I knew you would do it so well.;)

Thanks so much.

That tic over my right eye is just subsiding now.:mad:

;)

Promontorium
10-23-2010, 06:40 PM
There is growing opposition and skepticism on that Examiner article saying that what he was convicted of is not what people are saying he was convicted of, that he was actually guilty. I have no answers, but I really don't want this to turn out to be another one of those instances where the person was totally at fault and everyone's just mis labeled the circumstances.

Of course these gun laws are bullshit, but that's a different matter, if you're going down for gun laws that you did break, you should fight it as an unjust law issue, not an unjust assessment of the law.

furface
10-23-2010, 06:41 PM
People interested in liberty should try to get on juries. Most of them try to avoid it, but shouldn't. I would have hung that jury if the facts as reported are accurate.

phill4paul
10-23-2010, 06:46 PM
There is growing opposition and skepticism on that Examiner article saying that what he was convicted of is not what people are saying he was convicted of, that he was actually guilty. I have no answers, but I really don't want this to turn out to be another one of those instances where the person was totally at fault and everyone's just mis labeled the circumstances.

Of course these gun laws are bullshit, but that's a different matter, if you're going down for gun laws that you did break, you should fight it as an unjust law issue, not an unjust assessment of the law.

Please provide links.

phill4paul
10-23-2010, 06:49 PM
People interested in liberty should try to get on juries. Most of them try to avoid it, but shouldn't. I would have hung that jury if the facts as reported are accurate.

I have never nor will ever avoid jury call. I welcome this civil duty. Now being accepted for a jury is a different thing altogether.;)

Anti Federalist
10-23-2010, 06:50 PM
There is growing opposition and skepticism on that Examiner article saying that what he was convicted of is not what people are saying he was convicted of, that he was actually guilty. I have no answers, but I really don't want this to turn out to be another one of those instances where the person was totally at fault and everyone's just mis labeled the circumstances.

Of course these gun laws are bullshit, but that's a different matter, if you're going down for gun laws that you did break, you should fight it as an unjust law issue, not an unjust assessment of the law.

Tricky here, as usual in NJ.

He had ammo, magazines and rifles that are "illegal" in NJ.

But the fact is he was traveling to a new residence, from CO to his parents place to a new apartment in Hoboken.

FOPA protects you in this case as long as the weapons are locked and inaccessible, which they were and he could legally own them at the point of departure, which he could.

Upon arrival at his new apartment, he has, unless the law has changed since I lived there, thirty days to register all his legal firearms, turn in to the cops, send out of state or destroy all his "illegal" items and start the lengthy and expensive process to obtain a NJ FOID card.

Bottom line, if his silly and credulous mother had NOT called the cops in the first place, none of this likely would have happened.

Frankly, and I'm sorry to say it, but mom is the "bad guy" in all this by deliberately inviting the state's armed enforcers into a situation that they had no business in.

lynnf
10-23-2010, 06:53 PM
Absolutely pathetic. Can Gov. Christie do anything about this?

governors can pardon.

lynn

Anti Federalist
10-23-2010, 06:56 PM
governors can pardon.

lynn

Fatso is no friend of gun rights.

I wouldn't look to that quarter for justice.

aGameOfThrones
10-23-2010, 07:00 PM
Tricky here, as usual in NJ.

He had ammo, magazines and rifles that are "illegal" in NJ.

But the fact is he was traveling to a new residence, from CO to his parents place to a new apartment in Hoboken.

FOPA protects you in this case as long as the weapons are locked and inaccessible, which they were and he could legally own them at the point of departure, which he could.

Upon arrival at his new apartment, he has, unless the law has changed since I lived there, thirty days to register all his legal firearms, turn in to the cops, send out of state or destroy all his "illegal" items and start the lengthy and expensive process to obtain a NJ FOID card.

Bottom line, if his silly and credulous mother had NOT called the cops in the first place, none of this likely would have happened.

Frankly, and I'm sorry to say it, but mom is the "bad guy" in all this by deliberately inviting the state's armed enforcers into a situation that they had no business in.

You are correct, she is the "bad guy." This one too...


"I felt like I made the wrong choice calling the police," Fernandez, 60, told The Republic on Wednesday from a friend's trailer in the same complex where her son was killed Tuesday. "I regret it with everything in my heart."

http://www.azcentral.com/news/articles/2010/10/06/20101006phoenix-police-officer-in-fatal-shooting-arrested06-ON.html#ixzz11owO2Kd4

phill4paul
10-23-2010, 07:00 PM
Fatso is no friend of gun rights.

I wouldn't look to that quarter for justice.

No. "Justice" I believe will come when on appeal he is set free, files a lawsuit, and the state ends up giving his lawyers tax payers funds in a large cash sum. Win/win for the "justice" system.

osan
10-23-2010, 07:01 PM
http://www.examiner.com/gun-rights-in-national/how-can-new-jersey-imprison-a-gun-owner-who-broke-no-laws (http://www.examiner.com/gun-rights-in-national/how-can-new-jersey-imprison-a-gun-owner-who-broke-no-laws)

Well fuck me. What in bleeding hell is wrong with people in NJ?
He should have been acquitted. I don't have the words to describe how happy I am to have left that god-forsaken shit hole. Unfortunately for me, most of my friends and family are still there.

Why has this poor bastard not been set free?

Fuck NJ.

No, really.

Inkblots
10-23-2010, 07:01 PM
Bottom line, if his silly and credulous mother had NOT called the cops in the first place, none of this likely would have happened.


Yeah, I've noticed this in a lot of the police abuse stories I see posted around the Internet, and it frankly confuses me. What kind of person's chain of thought goes from 'I'm worried he's suicidal' to 'I'll call the cops on him'? In what possible frame of reference is that a logical progression? Talk to the person, try to get a friend or priest to call or visit him, sure. But even if you think the police always have the best of intentions and would never look for any excuse to lock someone up or escalate a confrontation, how would the stress up being pulled over or visited by the police make someone feel better?

aGameOfThrones
10-23-2010, 07:02 PM
Stupid Jury!!!

Anti Federalist
10-23-2010, 07:05 PM
You are correct, she is the "bad guy." This one too...


"I felt like I made the wrong choice calling the police," Fernandez, 60, told The Republic on Wednesday from a friend's trailer in the same complex where her son was killed Tuesday. "I regret it with everything in my heart."

http://www.azcentral.com/news/articles/2010/10/06/20101006phoenix-police-officer-in-fatal-shooting-arrested06-ON.html#ixzz11owO2Kd4

Or the other one in Arizona where the father was upset, they called the cops and the cops promptly shot him.

Or the old man in California who called paramedics, and instead got cops who tasered him multiple times in his own home because he would not submit to forced hospitalization.

Or the family that lost their children to CPS in NY because they called 911 when one of the kids fell down some stairs.

Or on and on and on and on....

phill4paul
10-23-2010, 07:10 PM
Napolitano wades in...

http://www.the-912-project.com/2009/08/06/judge-napolitano-voices-in-on-new-jersey-v-brian-aitken/

Edit: Judge Napolitanos’ expert opinion? “They were legally possessed… I’m 100% on your [Brian Aitkens’] side.”

aGameOfThrones
10-23-2010, 07:13 PM
Or the other one in Arizona where the father was upset, they called the cops and the cops promptly shot him.

Or the old man in California who called paramedics, and instead got cops who tasered him multiple times in his own home because he would not submit to forced hospitalization.

Or the family that lost their children to CPS in NY because they called 911 when one of the kids fell down some stairs.

Or on and on and on and on....

But without them...it would be anarchy!!! :rolleyes:

Anti Federalist
10-23-2010, 07:14 PM
Well fuck me. What in bleeding hell is wrong with people in NJ?
He should have been acquitted. I don't have the words to describe how happy I am to have left that god-forsaken shit hole. Unfortunately for me, most of my friends and family are still there.

Why has this poor bastard not been set free?

Fuck NJ.

No, really.

You lived there osan.

I was born and raised there.

We both know what's wrong with people there, they have been "institutionalized".

Just like long term prisoners, they see their oppression and oppressors as familiar, friendly, known facets of their lives.

They would no more think of rebellion or going against an "authority figure" than a convict would against the "Captain".

Of the few people and family I have left there, I really can't even talk to them any more, they are so far gone.

Then again, maybe it's toxins in the water.

osan
10-23-2010, 07:17 PM
Thanks so much.

That tic over my right eye is just subsiding now.:mad:

;)
Yeah, well mine isn't. Lived in Freehold 15 years, went to HS there too.... shit-hole. Wasn't always like that, but now it is like a bad version of MA.

phill4paul
10-23-2010, 07:21 PM
You lived there osan.

I was born and raised there.

We both know what's wrong with people there, they have been "institutionalized".

Just like long term prisoners, they see their oppression and oppressors as familiar, friendly, known facets of their lives.

They would no more think of rebellion or going against an "authority figure" than a convict would against the "Captain".

Of the few people and family I have left there, I really can't even talk to them any more, they are so far gone.

Then again, maybe it's toxins in the water.

As New Jersey goes so goes the country.;)

Anti Federalist
10-23-2010, 07:26 PM
Napolitano wades in...

http://www.the-912-project.com/2009/08/06/judge-napolitano-voices-in-on-new-jersey-v-brian-aitken/

Edit: Judge Napolitanos’ expert opinion? “They were legally possessed… I’m 100% on your [Brian Aitkens’] side.”

Damn shame this has been flying under the radar since 2009.

I'm assuming his arrest and arraignment was in 2009 and the "just us" system has just now gotten around to throwing him in a cage?

All for exercising his constitutional rights.

Uriel999
10-23-2010, 07:33 PM
Just saw the bit about his dumbass mother calling the cops...Why don't people understand cops are the enemy? They hate us because we are free.

Anti Federalist
10-23-2010, 07:35 PM
Just saw the bit about his dumbass mother calling the cops...Why don't people understand cops are the enemy? They hate us because we are free.

I don't know.

Liberty_Mike
10-23-2010, 07:36 PM
The jury needs to nullify this case and tell the judge to screw himself! This statist judge needs to be removed from his position.

phill4paul
10-23-2010, 07:41 PM
All for exercising his constitutional rights.

There are no rights anymore.

There is only the hope and prayer of the right judge, the right defense attorney and the right jury.

Without any of these three elements we are truly fucked.

phill4paul
10-23-2010, 07:46 PM
The jury needs to nullify this case and tell the judge to screw himself! This statist judge needs to be removed from his position.

The judge was removed after this case for other issues.

My position is that if he is seen as unfit then all past cases presided over by him should have the ability to appeal. Much the same as all cases effected by the state of N.C. S.B.I. lab's improprieties is found to have bearing over any case they were a part of.

Anti Federalist
10-23-2010, 07:47 PM
There are no rights anymore.

There is only the hope and prayer of the right judge, the right defense attorney and the right jury.

Without any of these three elements we are truly fucked.

All that is, is a roll of the dice.

Gambling your life on the long shot that any of those three entities you mentioned have got their shit together.

The very hallmark of tyranny.

You're so right, we are well and truly fucked.

And even the slightest mention of throwing off the shackles of our oppressors by force is met with howls of indignation and the sound of bodies fainting on the floor.

Land of the slave, home of the pussy.:mad:

Live_Free_Or_Die
10-23-2010, 07:59 PM
I see there is some new low hanging fruit on the liberty convert tree. Thanks government.

osan
10-23-2010, 08:16 PM
Absolutely pathetic. Can Gov. Christie do anything about this?

The $64 question is will he?

cindy25
10-23-2010, 08:19 PM
Absolutely pathetic. Can Gov. Christie do anything about this?

he could issue a pardon on any state crime.

osan
10-23-2010, 08:22 PM
All that is, is a roll of the dice.

Gambling your life on the long shot that any of those three entities you mentioned have got their shit together.

The very hallmark of tyranny.

You're so right, we are well and truly fucked.

Well said.

I had the idiot Beck on yesterday in the car - he. too, is so pussified - all he could do is go on about how violence is never the answer. I agree in the sense that it is the absolute last resort of all last resorts, but to say that it is never appropriate is such BULLSHIT. This is but one reason I don't trust his kind.

Pericles
10-23-2010, 09:01 PM
One day, they are going to come after someone who is not going to play by their rules. Just sayin'.

Anti Federalist
10-23-2010, 09:05 PM
Well said.

I had the idiot Beck on yesterday in the car - he. too, is so pussified - all he could do is go on about how violence is never the answer. I agree in the sense that it is the absolute last resort of all last resorts, but to say that it is never appropriate is such BULLSHIT. This is but one reason I don't trust his kind.

Then he better shut his yap about the Founders.

Pericles
10-23-2010, 09:10 PM
Then he better shut his yap about the Founders.

Yeah - good thing for the USA that Beck wasn't around in 1775, too.

Anti Federalist
10-23-2010, 09:14 PM
Yeah - good thing for the USA that Beck wasn't around in 1775, too.

Rest assured, his kind was.

Pericles
10-23-2010, 09:28 PM
Rest assured, his kind was.
No doubt about that. But there were just enough of the kind of men with the courage to give us a tremendous legacy, which has been squandered, and it is now our duty to restore.

HOLLYWOOD
10-23-2010, 09:48 PM
You lived there osan.

I was born and raised there.

We both know what's wrong with people there, they have been "institutionalized".

Just like long term prisoners, they see their oppression and oppressors as familiar, friendly, known facets of their lives.

They would no more think of rebellion or going against an "authority figure" than a convict would against the "Captain".

Of the few people and family I have left there, I really can't even talk to them any more, they are so far gone.

Then again, maybe it's toxins in the water.

Ain't that the Shit! Even Springsteen and Jon Bovi are fuckin Socialists...

I had to watch that SOUTHPARK episode again and again for some laughs on what NEW JERSEY has become. A failed Socialist state with a majority of pure 110% Ignorance mixed with a 500% overdose of Testosterone and Estrogen

Never in my entire life, have I heard so many from one state, talk louder or faster than they think. Gesus, it seems like half the state is miserable 100% of time.

Jury Nullification is the last stand, but, because of all the cases controlled by "THE STATE" of courts and D.A.'s: limiting, restricting and/or banning evidence or the truth, always hold this true on jury duty... INNOCENT until completely proven guilty!

The new NJ license plate motto: New Jersey... You Can Smell the Difference!

Anti Federalist
10-23-2010, 10:11 PM
No doubt about that. But there were just enough of the kind of men with the courage to give us a tremendous legacy, which has been squandered, and it is now our duty to restore.

+ 3 percent.

;)

Anti Federalist
10-23-2010, 10:12 PM
Ain't that the Shit! Even Springsteen and Jon Bovi are fuckin Socialists...

I had to watch that SOUTHPARK episode again and again for some laughs on what NEW JERSEY has become. A failed Socialist state with a majority of pure 110% Ignorance mixed with a 500% overdose of Testosterone and Estrogen

Never in my entire life, have I heard so many from one state, talk louder or faster than they think. Gesus, it seems like half the state is miserable 100% of time.

Jury Nullification is the last stand, but, because of all the cases controlled by "THE STATE" of courts and D.A.'s: limiting, restricting and/or banning evidence or the truth, always hold this true on jury duty... INNOCENT until completely proven guilty!

The new NJ license plate motto: New Jersey... You Can Smell the Difference!

YouTube - My New Haircut (http://www.youtube.com/watch?v=4JMOh-cul6M)

specsaregood
10-23-2010, 10:25 PM
Fatso is no friend of gun rights.

I wouldn't look to that quarter for justice.

I guess we'll see if he has any ambitions for a 2012 or 2016 Presidential run. You may not have to be pro-gun to be an elected republican in NJ, but you do to win the presidential primaries.

I'm gonna have to find out when he is going to do the next "ask the governor" show and hit him on this. Perhaps setup a phonecall bomb to better ourchances of getting on.

Eryxis
10-23-2010, 10:32 PM
I don't like cops, but I'm a pharmacist, and my business has been broken into 6 times in 18 months.... they clearly aren't doing their jobs, but I have to have the police reports to have any chance of getting an insurance claim approved....any suggestions for the whole "avoid and don't talk to cops"?

HOLLYWOOD
10-23-2010, 10:33 PM
It ain't "Skanks:... it's "Grenades" New Jersey is so Failed



YouTube - My New Haircut (http://www.youtube.com/watch?v=4JMOh-cul6M)

Esor
10-23-2010, 10:42 PM
Then again, maybe it's toxins in the water.

That would explain Jersey Shore.

Philhelm
10-23-2010, 10:54 PM
Well said.

I had the idiot Beck on yesterday in the car - he. too, is so pussified - all he could do is go on about how violence is never the answer. I agree in the sense that it is the absolute last resort of all last resorts, but to say that it is never appropriate is such BULLSHIT. This is but one reason I don't trust his kind.

I agree completely. Violence should be the last resort, but the bottom line is that violence can sometimes be necessary as a defensive action. Our nation was founded upon violent resistance to authority. Passive resistance can only go so far.

amy31416
10-24-2010, 07:41 AM
I don't like cops, but I'm a pharmacist, and my business has been broken into 6 times in 18 months.... they clearly aren't doing their jobs, but I have to have the police reports to have any chance of getting an insurance claim approved....any suggestions for the whole "avoid and don't talk to cops"?

You might want to consider a better security system.

osan
10-24-2010, 10:39 AM
Then he better shut his yap about the Founders.

Glad you mentioned this. I'd forgotten that Glenn-baby went on at some length how today's situation is not the same as the one back then and that we therefore must never ever confuse the two and that violence is a non-option and oh my god you have to pray pray pray...

Beck on the radio can be funny at times when he and his partner there get all sarcastic on people and situations - but never ever confuse what he does/is with anything to be taken seriously. Hell, the opening of his show even calls it the fusion of entertainmentwith enlightenment. Jesus.... they're TELLING YOU TO YOUR FACE that it is a fucking circus act, yet there are tons of people willing to stake their futures on the drivel he spews. Voltaire and Einstein were so on the money WRT their estimations of the limits of human stupidity.

HELLO!

osan
10-24-2010, 10:53 AM
No doubt about that. But there were just enough of the kind of men with the courage to give us a tremendous legacy, which has been squandered, and it is now our duty to restore.

Hear hear.

+1+

Promontorium
10-24-2010, 07:33 PM
Please provide links.

What? Read the examiner article that the OP posted...

Anti Federalist
12-02-2010, 09:40 PM
There is a little more insight into the mother, who started this whole chain of events by calling the state thugs for "help":

http://abcnews.go.com/US/jersey-man-imprisoned-gun-charge-appeals-governor-clemency/story?id=12287484


Aitken's mother, a social worker trained to be sensitive to suicidal indicators, instinctively dialed 911 but abruptly hung up, second-guessing her reaction. But police tracked the call, came to the Aitken's home and greeted Brian when he returned to make sure he was OK.

Even she knew she fucked up, in the split second after having made the call.

Then this happened:


Then, they asked to search his car.

Already stated, must be repeated:

NEVER CALL THE COPS!

NEVER TALK TO THE COPS!

NEVER CONSENT TO A SEARCH!

pcosmar
12-02-2010, 09:58 PM
I don't like cops, but I'm a pharmacist, and my business has been broken into 6 times in 18 months.... they clearly aren't doing their jobs, but I have to have the police reports to have any chance of getting an insurance claim approved....any suggestions for the whole "avoid and don't talk to cops"?

You might want to consider a better security system.

YouTube - South Korea's Machine Gun Sentry Robot (http://www.youtube.com/watch?v=v5YftEAbmMQ)