Brian Aitken Faces 7 Years In Prison For Owning A Gun Legally/Lost Custody Of Son

I'm glad this guy is out. He served enough time - after all he did not hurt anybody, he was just confused or negligent about his duties as a gun owner.

his sentance has been commuted!!! he will be home for the holiday!!!

Are you yet in fear of our government? . I am, especially when evidence all around shows that the rule of established law is ignored or twisted to the advantage of those empowered to enforce it.
Yet another concern, we have bureaucracies within our government attempting to write and enforce their own rules and regulations:
http://current.com/news/92877232_fcc-again-attempts-to-regulate-enforce-net-nuet...

Its pretty pathetic that the likes of unimatrix0 want to put innocent people in a cage when they have NOT harmed anyone. When are you all going to wake up and realize, this is NOT about justice, this is about money.

This guy should be released immediately. The Second Amendment of The US Constitution gives Brian the right to bear arms. We don't need permission from the state. Slaves and children ask for permission. This guy is innocent, he has done nothing wrong. What a sham.

Where is the Injured Party? Who did Brian harm? Where is the victim? Sounds Like a No Victim No Crime Case to me.

No Victim, No Crime.

Unfortunately, Brian has highlighted for everyone how nonsensical the gun laws are in New Jersey. Maybe this is a good thing that he is fleshing this out.

Ok, let’s say you have a firearm that you legally own, you're moving from one city in NJ to another within NJ. The firearm is unloaded and it’s locked in a hard case that is also in your locked truck of your vehicle. There is nothing illegal about this if you are transporting the firearm legally per NJ law which you are.

Now you have the ammunition (hollow points) locked in an ammunition can. Nothing illegal about this either per NJ law being that your transporting them from your old residence to your new residence.

Now this is where the problem (and Brian’s) comes into play.

You have a high capacity magazine (19 round) also in the vehicle.

New Jersey law defines “large capacity ammunition magazine” as a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly into a semi-­automatic firearm.

Clearly having this “high capacity magazine” is illegal, and is a crime of the 4th degree in NJ.

So being that you have committed a crime (possession of a high capacity magazine) and that you are in possession of hollow point ammunition, makes having the hollow point ammunition a 4th degree crime because being in possession of hollow point ammunition is illegal if used in the commission of a crime (possession of the high capacity magazine).

Finally, it is also illegal to possess a weapon (firearm, even if you legally own it) while committing a crime (possession of a high capacity magazine and hollow point ammunition).

There are two sides to every story and we are only hearing one side of that story, the one from Brian Aitken.

Proponents who push this cause in an effort to help Brian still seem surprised at the outcome. Does anyone know the laws in New Jersey? Why groups like NJ2AS are in support of Brian’s issue will bring them no credibility either. And Mr. Christie will do absolutely nothing to help. He’s well aware of the law. He cannot make a precedent out of this case.

even with consent of the search he did not break any laws....

Why was Brian stopped?

What probable cause did the police use to search a locked trunk?

The objects found in the trunk are really secondary and fruit of the poisonous tree if the search done was without probable cause.

Brian did you consent to the search? Giving consent throws all your rights to the gutter.

People, keep the interior of your car very clean, keep all bags closed, locked or secured in a locked trunk. Do not leave anything observable from which the police can develop a question.

And never give consent. What seems innocent and cooperative to you is dangerous to your liberty and safety.

The main objective for the police is to move you along the ramp from detention to arrest.

Be careful out there.

Last week, I had to run a background check on a potential new hire for my company. Turns out that the guy was convicted of selling crack cocaine to kids... on school property. He was sentenced to three years.... he served ten months.... I guess selling crack to teenagers isn't quite so bad when compared to what this guy did, eh unimatrixo?

bombastinator says : extreme case is the conviction gets overturned on appeal in a year and a half

Unfortunately the states (all 50 of them) have a long standing case law that when a child is taken for that long it is in their "best interests" to stay in the care they have been in.... tottally disregarding the fact thet they ignored the child's best interests when ripping them form their parent(s)

There has been no local news on this subject, and as Brian has pointed out his only mistake was to not have the legislation (i posted ealrier) on his person as he was following the laws. It is not his fault the local police do not know their own laws......

Still his child suffers and is being taken away from a loving and fit parent based on the mistakes of local law enforcemnt and the ignorance of DYFS officials..... This will most likely have long term affects as his child does not know why this is happening....

Brian,
Saw your post! What has happened to you is typical in the American police state Bush created and Obama has continued.The constitution has been ripped to shreds by these scumbags for the NWO! The one thing they fear is an armed citizenry! I feel so bad for both you and your son.Am a dad myself although my kids are grown now and have 9 grandkids,I remember when the ex made it as hard as she could to see my kids until they were of legal age and she couldn't stop me! You will be in my thoughts and prayers for a good outcome in this matter so that hopefully you and your son can be reunited!

What's more dangerous? I guy with a gun or a Jersey shore girl with an undiagnosed case of herpes?

Hi everyone,

I was hoping to clarify some confusion surrounding my case.

I have not been found guilty and have not, yet, gone to trial. I am not in jail for 7 years... I am facing that if I am found guilty.

Recently, I found out the judge was not granting our Motion to Suppress Evidence (illegal search and seizure/miranda) and my next Court appearance is scheduled for August 17, 2009.

And the Bebo guy is not me...

The police actually responded to a dropped 911 call - I was on my way to my new apartment when they called me and asked me to come back because they "wanted to check me for bruises and make sure I was ok." I said I was fine and that I hadn't been hit but was told if I didn't return they would issue a state wide alert to have me arrested. So, under threat of arrest, I returned.

My son and my ex were not present, nor was any alcohol.

I don't know what more I could have done to transport my firearms according to the letter of the law. My biggest mistake was not having a copy of the Statutes on hand to show the Officers because, I assure you, they did not take my word for it.

I regret that I don't have the ability to answer everyones questions and emails - but I would welcome the opportunity to appear on Freedom Watch to discuss not just my case but all of the issues surrounding Second Amendment Rights and Fathers Rights (or, rather, lack thereof).

On a final note... I really miss my son. He's growing up fatherless and I'm being stripped of the joys of fatherhood. If you ever read this, Logan, I miss you and I love you.

All my best,

Brian D. Aitken

He's not guilty of anything.The case history shows that he tried to follow NJ law and was told he was fine and then he got nailed! Clearly his constitutional rights have been violated! He lost custody of his son! He must be set free and his son must be returned to him! He should also file a lawsuit against the state of NJ on violation of his constitutional rights and malicous prosecution!

I don't understand why prosecutors choose to waste their precious resources on convicting people who pose no threat to society or themselves. Don't they have violent criminals in need of conviction?

(Amazing) He is American enemy now days?
The only people that are dangerous are the ones enslaving, stealing, and subsidizing our LIFE away; the people of support of Big Government and this current bush0bama express track to totalitarianism. (What is America's existence all about?)
Govt takes responsibility for other people’s responsibility? --- That equals to less responsibility, accountability, respect, dignity, ability.ect... of people to control their characters to add to society’s advancement and care.
This chain continues until they convince you one day, its best for everyone to stay in this cell like structure for their own good and safety.

"I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them"
- Thomas Jefferson

Why is there no trust? Why is it important to have Arms? Well that is not secret, even though it is censored and not taught; one only has to look at the Declaration of Independence, or just the common knowledge of the day (which STILL stands TODAY!) That is if you have no rights to arms, you are a Slave. Now to look at what is the problems- well government, obviously, what’s the solution? Well when you hear people say more government or laws needed that is where Americans Failure is at. That line of thinking crept in with many other violations of Liberty, seeking to destroy inside out and doing a good job. Every time something new arrives on scene Liberals take rights, enslave and greenmonger for money. NeoCons take rights enslave and warmonger for money.
Educate your children properly about Liberty and freedom to see Humanity survive.

"A revolution is coming - a revolution which will be peaceful if we are wise enough; compassionate if we care enough; successful if we are fortunate enough - But a revolution which is coming whether we will it or not. We can affect its character; we cannot alter its inevitability."
- Robert F. Kennedy

Exactly, the man was and is legal under the law and he should be set free to go back to a peaceful living with his son. For everyone out there, please do not call names, leave that up to unimatrix. We want to actually be more of an educational tool than a path of hatred. When I first learned about this man I was skeptical as well, but the more the facts come out the more we realize that this man should be set free, especially under just the EXISTING STATE LEGISLATION PROTECTING HIS RIGHTS:

NJS 2C:39-6e:
"Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person... from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving..."

NJS 2C:39-6g:
"All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances."

The law appears to be on his side. Just leave unimatrix alone and please don't encourage her hate. If she wants to arrest peaceful, law-abiding citizens just let her, we can not give her a caring heart, only hope that she sees injustice and defends the rights of the individual. The more she speaks the more people she pushes away so don't attack her and follow the same mistake. Simply show why we are more educated through logic and reason like the bottom portion of this post aims at. Peace

EXISTING STATE LEGISLATION PROTECTING HIS RIGHTS:

NJS 2C:39-6e:
"Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person... from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving..."

NJS 2C:39-6g:
"All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances."

Living in NJ and knowing the laws, if one has the FBI and CBI checks they are allowed to have hollow point bullets. I know someone personally who almost had the same problems because the police themselves did not know the law!!!!!!

This is a basic story which proves the aspects of CPS/Family Court and DV industry corruption in its rarest form.....

A verbal dispute could have been any type of argument, but with VAWA legislation it is seen as abusive behavior and prompts police investigation. People lose custody of their kids over less, but this is ripe with propaganda related activity. A man with a gun arguing with someone is a perfect scapegoat and fits the gender stereotype quite well. It is my belief that the courts will abuse this man and his child in any way they can to perpetrate the "violent man".....

ill write this once...he will be freed in the next 2 months...and the judge will no longer be employed...1LOVE...

If the guy was in lawful possession the cops would not have arrested him.

SHANKLINMIKE - I voted to have this guy on Freedom Watch... but if he's in jail how will he be on the show?

It's sounding more an more like something happened at the trial. Either the defense was inadequate or maybe other data that showed the guy is a complete assbag who desperately needed to be gotten off the street or something.

there could be something major here but the court record needs to be looked at. fodder for monday. Too bad this came up on a weekend.

Uni you are missing the point. The way the laws are written he was not in an "unlawful possession of firearms". Unless there is a lot more to this story than what is getting posted here the guy has done nothing illegal.

Ah! If it isn't my good friend unimatrix0. it's been far too long. Hold on to your hats men, soon she'll start labeling anything you say as "Gun Lobby Propaganda".
That seems to be a fall back response to anything vaguely related to the 2nd Amendment.

Now, the article is by the peacefreedomandprosperity movement people, so i would expect that it may be leaning towards setting this man free, but i have looked into it a bit further and I can't seem to understand what he did wrong.

On a similar note, why won't they at least let the man see his kid a bit more than just one hour, seems a bit cruel, wouldn't you agree Uni?

So Please, unimatrix, enlighten me with your never ceasing wisdom.

Unlawful possession of weapons is a crime. iF you want to own a gun you must obey the laws. All objective evidence points to the fact that the guy broke the law.

The emotional arguments about the guns and ammo being legal in another state,blah, blah, blah, is irrelevant.

So Mr. Aitken legally purchased the firearms and the hollow point bullets... they're not illegal to own in the State of New Jersey... he consulted State Police and did what they told him to do...
I fail to see where he broke the law.

I'd certainly like to hear more about this... is he in jail now?

This is clearly the case of "you have a right but you better not practice it"

http://www.state.nj.us/njsp/about/fire_hollow.html

That's just the thing, the bullets were allowed in the state of New Jersey under these conditions and he was transferring the firearms to his house. He did not break the law and hopefully this will be dismissed in court and he can go back to living a normal, peaceful life.

N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:

(2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)].

Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition "persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . ."
N.J.S.A 26:39-3f. (1).

I agree with what a couple of people have mentioned. It sounds like there is missing information on this post. By what is stated in the article he did not break any laws so why are the cops doing this? Even in Jersey there are thousands of legal gun owners that the cops do not bother. There has to be more to the story. On the bright side... It doesn't sound like they zapped him with a tazer!