Octang Frye

Brian Aitken's Mistake
A New Jersey man gets seven years for being a responsible gun owner.

Radley Balko | November 15, 2010

"Sue Aitken called the police because she was worried about her son, Brian. She now lives with the guilt of knowing that her phone call is the reason Brian spent his 27th birthday in a New Jersey prison last month. If the state gets its way, he will be there for the next seven years."

http://reason.com/archives/2010/11/1...itkens-mistake

New Jersey - what a shiathole. Glad I don't live there.

Ridski

I can think of worse places.

md95065

As is typical in such cases the title of this post is misleading.

He was given a 7 year sentence for allegedly *not* complying with the law.

You can argue that the law is wrong and that the judge erred in not allowing the jury to consider all of the evidence and I would probably not disagree with you but that is different from saying that he got 7 years for "complying with the law" ...

Octang Frye

What did he do wrong? He was transporting his guns during the relocation period. He called the cops to make sure he was legal.

The judge is an asshat and acted in a assholish manner. Karma if something terrible happens to him.

MrEmjoy

Surely the whole case is squashed if this is true and if he was moving them between residences??

Octang Frye

The judge suppressed mitigating evidence, include the phone call made to the NJ police for advice on how to legally transport his legally purchased, legally held firearms.

I, for one, can sure sleep safer knowing this law-abiding innocent man potentially violent potential criminal is incarcerated, no doubt having run up significant legal bills.

S Folinsky

In regards to Mr. Aitken's particular case, my examination of Google indicates that Mr. Aitken wrote his own press releases. Inasmuch as firearms is a hot emotional topic, Mr. Aitken's own writing appears to me to have propogated in a viral fashion.

I simply did not see any independent information on Mr. Aiken's case. In regards to Judge Morely -- now that is interesting. Judgeships in New Jersey are quite political. And there was a change in 2009 when Christie replaced Corzine as governor.

There has been some controversy about Judge Morely -- but the topics are actually "sexier" than Mr. Aitken -- see this one at NewJersey.com and this one from a law firm quoting from a Philadelphia paper.

AdobePinon

We only have one side of the argument, but I wouldn't dismiss it out of hand based on what I've seen down here in NM. We even had one judge who would only accept pleas of 'guilty' or 'no contest' from defendants who were representing themselves.

S Folinsky

This thread has been on my mind -- it has, shall we say, percolating in the brain.

In reading the facts set forth by Mr. Aitken, I don't think he is a poster child for freedom to "bear arms." Contrary to the description, an argument may be made that he is an "irresponsible" gun owner who is not so "innocent."

Octang Frye

How so?

chartreuse

An argument may always be made. Having been made, an argument may be judged on its merits. But not while it only exists in potentia. It's presumptively just bollocks, until it's articulated.

Leslie

I dare you to say that to my face.

fatbrit

Still waiting to comment on this thread.

I keep throwing the guy's name into Google News....and drawing an almost blank.

Strange!

CelticRover

Come to Arizona where we don't need 'no stinkin' papers'.

http://www.azcentral.com/arizonarepu...apons-law.html

chartreuse

Only if you buy me a beer next time I'm in Dallas.

I would need the Dutch courage...