NJ Imprisons Gunowner Who Broke No Laws

[mrjarrell]

Yet more proof that the the so-called "Justice" system is broken. Here's the case of a guy who was legally transporting his firearms and now finds himself in prison, because a judge decided he should be in jail, despite the fact that he broke absolutely no laws. His legally possessed property has also been stolen by the state, (I doubt he'll ever get those back). This could be any of us who travel with our firearms.

How can New Jersey imprison a gun owner who broke no laws? - National gun rights | Examiner.com

http://briandaitken.com/2010/09/help-free-brian/

Free Brian Aitken | Facebook

 

[IndyMonkey]

Where do you find these blogs at that you post links to?

 

[mrjarrell]

Where do you find all these blogs at that you post links too?

News aggregators, but in this case I read the National Gun Rights Examiner every day. David gets news tips from all over the Gun Rights community. He's also a writer for Guns Magazine. Did you read the story?

 

[Kirk Freeman]

Do we have the jury trial order and the sentencing order?

Was there an appeal?

 

[IndyMonkey]

News aggregators, but in this case I read the National Gun Rights Examiner every day. David gets news tips from all over the Gun Rights community. He's also a writer for Guns Magazine. Did you read the story?

I tried to read it while eating breakfast with my boys so I may of missed something.

To me it read like every other slanted blog that's on the web.

I'm getting ready to leave to go camping for 2 days at hnf, when I get back I want dive deeper into it. For the judge to sentence someone the jury had to guilty of something.

 

[mrjarrell]

Do we have the jury trial order and the sentencing order?

Was there an appeal?

Apparently, there is an appeal in progress. All I was able to find, in regards to documentation was his lawyers summary of facts.
http://briandaitken.com/content/2010/10/BrianAitken_SummaryofFacts.pdf

 

[mrjarrell]

.

 

[DaKruiser]

He should be released and made whole, PAID, and there should be several resignations. Including the governor. That's crazy! I bet the mother feels real good about that phone call now!

 

[Kirk Freeman]

Apparently, there is an appeal in progress.

Must be a Post Conviction Relief Petition after seven years.

 

[mrjarrell]

Must be a Post Conviction Relief Petition after seven years.

As I read it, 7 was the sentence. He was only sentenced on Aug 27 of this year, so it's still a relatively new case.

 

[IndyMonkey]

So he was found guilty of having hi-cap mags?

 

[Phil502]

I hope the Governor can get him released.

 

[cosermann]

I don't get why people even continue to live in places like NJ.

 

[Dogman]

That's BS, just another reason why Lady Justice wears a blindfold.

 

[tenring]

Jury nullification seems to have been absent.

 

[rambone]

 

[jedi]

He should be released and made whole, PAID, and there should be several resignations. Including the governor. That's crazy! I bet the mother feels real good about that phone call now!

The Judge in this case is no longer a judge. The governor of NJ canned the judge due to 2 other cases in which the judge was way out of line.

So he was found guilty of having hi-cap mags?

From my understanding he was found guilty of having weapon period.
In NJ one can leaglly own firearms only under EXCEPTIONS to NJ law.

(I'm backing this up but it's to illustrate the point)
So no nj resident is allowed to own a firearm EXCEPT
1) LEOs
2) residents that obtain a permit
3) etc...

At the time of the guy's arrest he did not fit under any of the exceptions is what the judge was pushing.

The judge did NOT allow the judge to use the state or fed law that covers people when they are "moving" thru a state and/or moving into the state. The jury wanted to use that law but the judge would not tell them those laws and told them they can not use it.

Jury nullification seems to have been absent.

bingo! But then again very few jurours know about jury nullification. Those people that do know about that process are typically screened out during the jury process.

 

[88GT]

His legally possessed property has also been stolen by the state http://www.facebook.com/pages/Free-Brian-Aitken/159490174062865?v=wall

Not so fast. If he got a receipt for it, it wasn't stolen. Or so I've been told.


On what grounds was the man/his car SEARCHED? Is it the leap of "logic" that the mom's paranoid irrationality is automatic justification? Did she tell the 9-1-1 operator that her son had the firearm(s) in his possession?

It seems that there is an inverse relationship between the level of common used to assess a situation and the corresponding powers that are exercised in that situation.

 

[gunowner930]

Unless I'm missing something, it sounds like this judge should be the one in prison. Although, I do have to question gun owner's judgement for voluntarily moving to a socialist cesspool like New Jersey.

 

[SSGSAD]

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