Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

NJ Gov. Chris Christie asked to pardon man with seven-year jail sentence for gun law violations
The Daily Caller ^ | Updated: 11:10 AM 12/02/2010 | By Amanda Carey -

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 court’s 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 don’t have an abundance of guns out there.”

Nothing about Aitken’s 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. That’s when things went downhill for Aitken. After the police caught up with him, they determined he wasn’t a threat to his or anyone else’s 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 Jersey’s 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.



TOPICS: Front Page News; News/Current Events; Politics/Elections; US: New Jersey
KEYWORDS: aiken; banglist; christie; guns; nj; rapeofliberty
Navigation: use the links below to view more comments.
first 1-5051-75 next last

1 posted on 12/02/2010 12:16:28 PM PST by onyx
[ Post Reply | Private Reply | View Replies]

To: onyx
At that point, his mother, who is a trained social worker, called the police out of concern...

No comment...

2 posted on 12/02/2010 12:18:23 PM PST by WayneS (Enlightened statesmen will not always be at the helm. -- James Madison)
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx

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.


3 posted on 12/02/2010 12:20:03 PM PST by Mr. Silverback (Anyone who says we need illegals to do the jobs Americans won't do has never watched "Dirty Jobs.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx

The fat Giuliani better get busy deconstructing NJ’s unconstitutional gun laws. I won’t hold my breath.


4 posted on 12/02/2010 12:20:31 PM PST by pissant (THE Conservative party: www.falconparty.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx
At that point, his mother, who is a trained social worker, called the police out of concern...

Way. To. Go. MOM!

5 posted on 12/02/2010 12:22:41 PM PST by houeto ("You know, I actually believe my own bullsh_t," --- BHO)
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx

Blowing up an embassy and having an unloaded pistol in your trunk should merit the same penalty. /sarc


6 posted on 12/02/2010 12:23:02 PM PST by central_va (I won't be reconstructed, and I do not give a damn.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

He may get a pardon...but I wonder if he could ever forgive his mother.


7 posted on 12/02/2010 12:23:40 PM PST by texan75010
[ Post Reply | Private Reply | To 4 | View Replies]

To: onyx
THe SCOTUS should step in immediatly:

"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?

8 posted on 12/02/2010 12:24:59 PM PST by central_va (I won't be reconstructed, and I do not give a damn.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: houeto

...and to those that need a sarc tag on my post, please don’t open any satire threads. Your poor heads might explode.


9 posted on 12/02/2010 12:25:03 PM PST by houeto ("You know, I actually believe my own bullsh_t," --- BHO)
[ Post Reply | Private Reply | To 5 | View Replies]

To: onyx
Another important & topical news story brought to light and driven to the top by . . . is it safe to say it yet?

Same guy who drove TSA/Constitutional rights to the top.

10 posted on 12/02/2010 12:25:42 PM PST by de.rm (Bang, bang, . . bang. Shhh=Bush, the elder, E. Howard Hunt, LBJ, Mrs, Edgar Hoover)
[ Post Reply | Private Reply | To 1 | View Replies]

To: pissant

Yeah, if he lets this poor young man rot in prison he can forget about any potential Presidential run...


11 posted on 12/02/2010 12:25:59 PM PST by t-dude (Sarah causes banal and vituperous evil snarks to shriek in horror!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: t-dude

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


12 posted on 12/02/2010 12:27:24 PM PST by pissant (THE Conservative party: www.falconparty.com)
[ Post Reply | Private Reply | To 11 | View Replies]

To: houeto

LOL.


13 posted on 12/02/2010 12:30:04 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: t-dude
I would love having a president who reminds me of Fred Flintstone.

"That Barney Rubble, what an actor!

Nightshift

14 posted on 12/02/2010 12:30:09 PM PST by de.rm (Bang, bang, . . bang. Shhh=Bush, the elder, E. Howard Hunt, LBJ, Mrs, Edgar Hoover)
[ Post Reply | Private Reply | To 11 | View Replies]

To: t-dude; pissant
When contacted by TheDC, a spokesperson for Christie confirmed the governor is aware of the case, and a formal application for pardon had been received. He declined to comment any further.

Christie knows all about the case, so why is he stalling?

Aitken deserved an immediate pardon.

15 posted on 12/02/2010 12:32:48 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: central_va
"What part of that is not understood?"

This part: A well regulated militia, being necessary to the security of a free state...

We should have a new 2nd amendment that simply states, "The right of the people to keep and bear arms shall not be infringed."
16 posted on 12/02/2010 12:33:47 PM PST by ari-freedom (Happy Chanuka!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: onyx
Idiot social worker of a mom!

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!

17 posted on 12/02/2010 12:35:53 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx
Christie knows all about the case, so why is he stalling? Aitken deserved an immediate pardon.

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.

18 posted on 12/02/2010 12:38:55 PM PST by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on its own.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: onyx

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”.


19 posted on 12/02/2010 12:39:59 PM PST by Kent C
[ Post Reply | Private Reply | To 1 | View Replies]

To: allmendream

She’s a “trained” social worker whatever that means. I know it doesn’t mean a professional. Her concern backfired and then some.


20 posted on 12/02/2010 12:49:08 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Talisker

You’re the naive one. He’ll pardon him before Christmas or not at all.


21 posted on 12/02/2010 12:50:37 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 18 | View Replies]

To: onyx

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.


22 posted on 12/02/2010 12:51:37 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Kent C

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.


23 posted on 12/02/2010 12:52:38 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 19 | View Replies]

To: onyx
And I want to make sure that we don’t have an abundance of guns out there.”

So much for the 'Christie for Prez' effort...

24 posted on 12/02/2010 12:57:12 PM PST by Virginia Ridgerunner (Sarah Palin has crossed the Rubicon!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx
Christie knows all about the case, so why is he stalling?

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...

25 posted on 12/02/2010 12:59:22 PM PST by sargon (I don't like the sound of these "boncentration bamps")
[ Post Reply | Private Reply | To 15 | View Replies]

To: sargon
I trust that everyone is aware by now that Christie supports semi-auto bans?
26 posted on 12/02/2010 1:01:03 PM PST by sargon (I don't like the sound of these "boncentration bamps")
[ Post Reply | Private Reply | To 25 | View Replies]

To: 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.”

I would think the Interstate Transportation of Firearms act would take precedence here on equal protection grounds:

“U.S. Code

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 driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. “

Hopefully he’ll sue.


27 posted on 12/02/2010 1:01:30 PM PST by ScottfromNJ
[ Post Reply | Private Reply | To 1 | View Replies]

To: Virginia Ridgerunner

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.


28 posted on 12/02/2010 1:02:12 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 24 | View Replies]

To: onyx

And I want to make sure that we don’t have an abundance of guns out there.”

As John Lott said, “more guns, less crime”. Get a clue on this, Christie.

Colonel, USAFR


29 posted on 12/02/2010 1:03:31 PM PST by jagusafr ("We hold these truths to be self-evident...")
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx

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.


30 posted on 12/02/2010 1:03:42 PM PST by bereanway (I'd rather have 40 Marco Rubios than 60 Arlen Specters)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sargon

Well, this man is quite obviously innocent, so Christie has no business playing politics with Aitken’s 71/2 year jail sentence.


31 posted on 12/02/2010 1:04:20 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 25 | View Replies]

To: ScottfromNJ

That’s interesting. I’m not a lawyer, but hopefully Aitken’s can and will sue.


32 posted on 12/02/2010 1:06:34 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 27 | View Replies]

To: onyx

So true. It means emotionally deficient. In other words no common sense applied and no “I care about my own son”.


33 posted on 12/02/2010 1:06:40 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 20 | View Replies]

To: WayneS
At that point, his mother, who is a trained social worker, called the police out of concern...

It's all fine and dandy that she regrets doing this NOW...but now I have to wonder how many OTHER people she has unwittingly railroaded in a similar fashion, with no afterthought as to the consequences.
34 posted on 12/02/2010 1:08:17 PM PST by beezdotcom
[ Post Reply | Private Reply | To 2 | View Replies]

To: jagusafr

Governor Christie definitely has “issues” with the 2nd Amendment and that’s not a conservative position. At all.


35 posted on 12/02/2010 1:08:32 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 29 | View Replies]

To: onyx

...”even if he does have fairly established, conservative credentials”.

...BZZZZZ. That would be incorrect. Go back 3 spaces.


36 posted on 12/02/2010 1:09:37 PM PST by albie
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx; t-dude; pissant; Talisker
Christie knows all about the case, so why is he stalling?

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.

37 posted on 12/02/2010 1:09:48 PM PST by tarheelswamprat
[ Post Reply | Private Reply | To 15 | View Replies]

To: allmendream
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.

Exactly.

As an aside, I know this to be true because the contrapositive is often true: Calling the police on a NOT-SO-beloved family member will FREQUENTLY work out for the best interests of you AND the family member.
38 posted on 12/02/2010 1:11:53 PM PST by beezdotcom
[ Post Reply | Private Reply | To 22 | View Replies]

To: bereanway

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.


39 posted on 12/02/2010 1:12:10 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 30 | View Replies]

To: onyx

How about freeing Frank Fuster or taking the chains off Gerald Amirault? There’s no shortage of victims of demoKKKrat justice in the land.


40 posted on 12/02/2010 1:18:08 PM PST by wendy1946
[ Post Reply | Private Reply | To 1 | View Replies]

To: pissant

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.


41 posted on 12/02/2010 1:20:45 PM PST by Red in Blue PA (Planning on using 911? Google "Brittany Zimmerman")
[ Post Reply | Private Reply | To 4 | View Replies]

To: ScottfromNJ

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:
http://reason.com/archives/2010/11/15/brian-aitkens-mistake

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.


42 posted on 12/02/2010 1:21:32 PM PST by algernonpj (He who pays the piper . . .)
[ Post Reply | Private Reply | To 27 | View Replies]

To: onyx; All

43 posted on 12/02/2010 1:23:38 PM PST by Red in Blue PA (Planning on using 911? Google "Brittany Zimmerman")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr. Silverback; All

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:

http://www.youtube.com/watch?v=YfeskFDUdgY


44 posted on 12/02/2010 1:29:39 PM PST by Red in Blue PA (Planning on using 911? Google "Brittany Zimmerman")
[ Post Reply | Private Reply | To 3 | View Replies]

To: algernonpj; ScottfromNJ
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.

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.

45 posted on 12/02/2010 1:35:16 PM PST by tarheelswamprat
[ Post Reply | Private Reply | To 42 | View Replies]

To: Red in Blue PA; All

This pic is from Christie’s run for the state assembly.


46 posted on 12/02/2010 1:36:24 PM PST by algernonpj (He who pays the piper . . .)
[ Post Reply | Private Reply | To 43 | View Replies]

To: onyx

“She’s a “trained” social worker whatever that means.”

It means that she is adept at lying and manipulating documentation.


47 posted on 12/02/2010 1:37:45 PM PST by Birdsbane ("Onward through the fog!" ... Oat Willie)
[ Post Reply | Private Reply | To 20 | View Replies]

To: onyx

MOM,WTF?


48 posted on 12/02/2010 1:37:48 PM PST by jaz.357 (What if the "Hokey-Pokey" is REALY what it's all about?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx

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.


49 posted on 12/02/2010 1:38:13 PM PST by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tarheelswamprat; t-dude; pissant; bereanway; jagusafr; ScottfromNJ; allmendream; ...

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.


50 posted on 12/02/2010 1:39:36 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
[ Post Reply | Private Reply | To 37 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-75 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson