Skip to comments.NJ Gov. Chris Christie asked to pardon man with seven-year jail sentence for gun law violations
Posted on 12/02/2010 12:16:26 PM PST by onyx
In New Jersey, residents who want to transport firearms legally must request a permit from a local law enforcement office and produce a letter stating why it is necessary for them to carry a gun. In other words, New Jerseyans have to prove need before exercising what many Americans consider a constitutional right.
Twenty-seven-year-old Brian Aitken is learning that the hard way. Arrested in 2009 when police officers found two handguns locked and unloaded in the trunk of his car, Aitken was just sentenced in August to seven years in prison.
Now, protesters across the state are organizing a push for an appeal for the courts ruling. A Free Brian Aitken Facebook page has almost 7,000 fans, the website briandaitken.com was built and a rally will be held Dec. 12, in Towns River, N.J. Aitken’s family is asking Chris Christie to grant clemency gun control just might be the next test conservatives throw at the New Jersey governor.
A pardon from Christie is far from assured, even if he does have fairly established, conservative credentials.
During his 2009 campaign, he told Fox News host Sean Hannity, Listen, at the end of the day, what I support are common sense laws that will allow people to protect themselves. But I also am very concerned about the safety of our police officers on the streets. Very concerned. And I want to make sure that we dont have an abundance of guns out there.
Nothing about Aitkens past or history suggests he was a threat to the safety of police, or anyone else for that matter. After separating from his wife in 2008, Aitken moved from Colorado to his native home of New Jersey the end of that year, to be closer to his son.
Shortly thereafter, in January 2009, Aitken according to one account became distraught, muttered something to his mother, and left his parents home in Mount Laurel, NJ, after his ex-wife canceled a visit with their son.
At that point, his mother, who is a trained social worker, called the police out of concern. Thats when things went downhill for Aitken. After the police caught up with him, they determined he wasnt a threat to his or anyone elses safety, but proceeded to search his car anyway. Upon finding the guns, police pressed weapons charges against Aitken.
His family and supporters are arguing that not only did Aitken obtain the guns legally, but he was also exempted from New Jerseys guns laws because he was simply moving residences. They also say the judge who tried the case, Justice James Morley, ignored supporting evidence of that.
Pardon him immediately. Even if this law were valid (and it certainly isn’t) seven years amounts to cruel and unusual punishment in a gun law case where no one was using the weapon to hurt anyone or commit a crime.
The fat Giuliani better get busy deconstructing NJ’s unconstitutional gun laws. I won’t hold my breath.
Way. To. Go. MOM!
Blowing up an embassy and having an unloaded pistol in your trunk should merit the same penalty. /sarc
He may get a pardon...but I wonder if he could ever forgive his mother.
"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
What part of that is not understood?
...and to those that need a sarc tag on my post, please don’t open any satire threads. Your poor heads might explode.
Same guy who drove TSA/Constitutional rights to the top.
Yeah, if he lets this poor young man rot in prison he can forget about any potential Presidential run...
Even if he pardons him, he needs to get a clue on the 2A before he’d ever get anything from me except my staunchest opposition
"That Barney Rubble, what an actor!
Christie knows all about the case, so why is he stalling?
Aitken deserved an immediate pardon.
Calling the police on your son and making a claim that he might be mentally disturbed is a good way to get him SHOT.
They are all lucky he is ONLY serving a seven year sentence after that little bit of idiocy.
What a freeking MORON! He doesn't deserve to be in jail, yet she definitely deserves to have her son in jail for seven years -as a lesson to her that the Cops are NOT there to help.
What a dummy!
In politics, everything is seen as a potential weapon. The question is always how best to use it. If Christie pardons him now, he stands alone. If he waits until the new Congress is sworn in, he's seen as supporting the new wave of conservatism, and can use that to start a campaign. In the mean time, he lets the guy rot and calls it careful thought about upholding the law. And if he never pardons him, it's because he's protecting the safety of the people of New Jersey, and the political winds don't support a pardon helping him run for higher office.
The actual guy in jail, and the actual obscene law he's jailed under, do not matter at all. To even bring these issues up would just get a laugh from Christie at your naivete.
Christie wouldn’t even need to do anything regarding the 2nd amendment on this (although he should). Just pardon the guy - period. “I looked into it, the guy was in the process of moving - and did nothing illegal”.
She’s a “trained” social worker whatever that means. I know it doesn’t mean a professional. Her concern backfired and then some.
You’re the naive one. He’ll pardon him before Christmas or not at all.
I was wondering about that also, after my post.
You would think an actual working social worker would have more experience dealing with this sort of thing. Experience that would inform her that calling the Police on a beloved family member will NEVER work out for the best interests of you or the family member.
Good that you are familiar with the case. A quick reading of the case leads me to the same conclusion. Pardon the man, and do it before Christmas.
So much for the 'Christie for Prez' effort...
IMHO, because Christie is ANTI-GUN!
I don't think he could (or should) ever run for President as a Republican until he gets his head out of his ass on the 2A...
“In New Jersey, residents who want to transport firearms legally must request a permit from a local law enforcement office and produce a letter stating why it is necessary for them to carry a gun. In other words, New Jerseyans have to prove need before exercising what many Americans consider a constitutional right.”
I would think the Interstate Transportation of Firearms act would take precedence here on equal protection grounds:
TITLE 18 > PART I > CHAPTER 44 > § 926A
§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the drivers compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. “
Hopefully he’ll sue.
He’s definitely a Northeast politician. Huge applause for his tough stance against public employee unions, but what other conservative issues is he similarly tough on? I really don’t know. I am interested in learning.
And I want to make sure that we dont have an abundance of guns out there.
As John Lott said, “more guns, less crime”. Get a clue on this, Christie.
What country is New Jersey a part of? For crying out loud, the guy is stopped and there is nothing wrong but for some reason the cops search the car and find two guns locked in the trunk, unloaded. And the guy is sentenced to 7 years!!! Several people should be doing time over this, but Brian Aitken isn’t one of them.
There’s nothing to consider here while a clearly innocent man sits in jail.
Christie is dead to me politically, I don’t want to see his ample backside anywhere outside of New Jersey.
Well, this man is quite obviously innocent, so Christie has no business playing politics with Aitken’s 71/2 year jail sentence.
That’s interesting. I’m not a lawyer, but hopefully Aitken’s can and will sue.
So true. It means emotionally deficient. In other words no common sense applied and no “I care about my own son”.
Governor Christie definitely has “issues” with the 2nd Amendment and that’s not a conservative position. At all.
...”even if he does have fairly established, conservative credentials”.
...BZZZZZ. That would be incorrect. Go back 3 spaces.
I've been watching and discussing this case in another venue, and unfortunately, from the evidence of Christie's prior record, I'm not hopeful he'll do the right thing. He has a clear anti-gun and anti-2nd Amendment record, and I suspect that Talisker's assessment in post #18 is more correct.
For all those Freepers who have been touting Christie as a Presidential prospect, this is a decision that will make or break his chances. However, it's possible that he reads the political wind astutely and is Machiavellian enough to rule against his own desires and pardon the guy (boob bait for the bubbas is an effective ploy). I won't be holding my breath, though.
I’m starting to get mad about this poor man’s fate and situation. Christie needs to get off his high horse or arse now. This is truly outrageous. He’s playing politics while this innocent man sits in jail.
How about freeing Frank Fuster or taking the chains off Gerald Amirault? There’s no shortage of victims of demoKKKrat justice in the land.
How about Portly Giulani?
Like that one.
Some have this guy as the Great GOP Hope.....anyone so virulently anti-2A should not even be considered IMO.
The first line in the article is not accurate. One does not need a permit to transport a gun that is unloaded and locked in the trunk (as described in the article linked below) under certain exemptions which included traveling to and from a range, and moving from one residence to another.
Actually Brian Aitken should have been covered by the ‘moving’ exemption which is one of the exemptions listed in TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE, 2C:39-6 Exemptions. 2C:36-6e addresses “between one place of business or residence and another when moving”.
He was in the process of moving from out of state to NJ to be closer to his son.
More details here:
My guess is the prosecutor decided that since Aiken stopped in his mothers driveway while traveling from out of state to his new residence in NJ, he wasn’t covered by the moving exemption.
His original trial attorney is listed as Richard Gilbert; his appeal attorney is Evan Nappen, an extremely astute expert in gun law, who works with the NJ NRA.
These thugs in Trenton are openly flashing their guns and killing people, yet this poor guy is rotting in prison for transporting them. Absolutely pathetic.
Must see video from the History Channel:
It's even worse than that. The presiding judge refused to allow the jury to even be informed about the moving exemption by the defense. The guy was railroaded.
This pic is from Christie’s run for the state assembly.
“Shes a trained social worker whatever that means.”
It means that she is adept at lying and manipulating documentation.
I wrote the reporter asking her to find out and print the name of the judge who passed the sentence, if he was elected. If appointed, the name of the bozo who put him there.
Shoot my page expired so I have to type my comments again and the first ones were GOOD...lol.
Christie must either pardon Aitkens before Christmas or forget about scoring points with conservatives, so I take issue with Talisker’s prophecies. Useless and detrimental to wait until after the first of the year.
By allowing the innocent Aitkens to sit in jail during Christmas, Christie “loses” Christian conservatives in large amounts and the rally on December 12 will make certain of that.
I *was* open to learning more about Christie, but I am quickly coming to the conclusion that he’s a typical Northeastern Republican, except for his tough stance against public employees unions out of dire financial necessity.