New Jersey: Judge Sentences Man to 7 Years in Prison for Legally Owning Guns!

Another Lefturd judge gone wild:

Family: New Jersey man serving 7 years for guns he owned legally
By JASON NARK – Philadelphia Daily News

EVERYTHING Brian Aitken was or had worked for was wiped away one winter afternoon after his mother called the police on him.

Separated from his wife, the entrepreneur and media consultant, now 27, had moved back home to New Jersey from Colorado toward the end of 2008 to be closer to their young son.

In between jobs, his well-oiled life was running ragged, and on Jan. 2, 2009, when his ex canceled his visit with their son, he became distraught, muttered something to his mother, and left his parents’ home in Mount Laurel, N.J.

“He said something that scared her, things that a guy will only say to his mom, like . . . ‘Life’s not worth living anymore,’ ” said Larry Aitken, Brian’s father.

Sue Aitken, a trained social worker, decided to play it safe and called police, but she hung up before the 9-1-1 dispatcher could answer. Police traced the call and showed up anyway, and found two handguns in the trunk of Brian’s car. And now Brian, her middle child, a graduate student with no prior criminal record, is serving a seven-year prison sentence for weapons charges.

No one blames Sue Aitken for Brian’s arrest, except herself maybe, but his father and attorney claim that the Burlington County Prosecutor’s Office and the former Superior Court judge who tried the case ignored evidence that proved Brian had the guns legally. The family has asked New Jersey Gov. Chris Christie for clemency and has garnered a great deal of support on a “Free Brian Aitken” Facebook page and among gun-rights advocates.

Aitken and his supporters believe that he had a legal exemption to have the handguns in his car because he was moving from his parents’ home to a residence in Hoboken.

“This case is the perfect storm of injustice,” said Aitken’s attorney, Evan Nappen, of Eatontown, Monmouth County, who specializes in gun laws.

The Burlington County Prosecutor’s Office and former Superior Court Judge James Morley said Aitken and his legal team tried during closing arguments to raise an issue related to Aitken’s moving that wasn’t presented during the trial, but Morley wouldn’t consider it. Aitken remains in prison pending his appeal.

A few weeks after Aitken’s trial over the summer, Morley learned that Christie was not going to reappoint him, due in part to a 2009 case in which he dismissed animal-cruelty charges against a Moorestown cop accused of sticking his penis into the mouths of five calves. Morley said there was no way of knowing whether the calves had been “puzzled” or “tormented” by the officer’s actions.

Nappen thinks the animal-cruelty case exemplifies poor decision-making by Morley.

“Brian didn’t receive oral sex from calves; he only lawfully possessed firearms,” Nappen said.

A spokesman for Christie acknowledged that his office had received clemency requests for Aitken, but declined to comment further.

Handguns in a duffel bag

When Mount Laurel police arrived at the Aitkens’ home on Jan. 2, 2009, they called Brian – who was driving to Hoboken – and asked him to return to his parents’ home because they were worried. When he arrived, the cops checked his Honda Civic and, inside the trunk, in a box stuffed into a duffel bag with clothes, they found two handguns, both locked and unloaded as New Jersey law requires.

Aitken had passed an FBI background check to buy them in Colorado when he lived there, his father said, and had contacted New Jersey State Police and discussed the proper way to transport them.

“He bought them at Bass Pro Shops, for God’s sake, not some guy named Tony on the street corner,” his father said.

New Jersey and Colorado are on opposite ends of the gun-control spectrum. In Colorado, all he needed was the background check to own the guns.

In the Garden State, Aitken was required to have a purchaser’s permit from New Jersey to own the guns and a carry permit to have them in his car.

He also was charged with having “large capacity” magazines and hollow-point bullets, which one state gun-control advocate found troubling.

“What little I can glean about the transportation issue leaves me puzzled, but a person with common sense would not be moving illegal products from one place to another by car,” said Bryan Miller, executive director of CeaseFire NJ, an organization devoted to reducing gun violence.

“If Mr. Aitken did the research he said he did, he would not have hollow-point bullets and large-capacity magazines in the vehicle,” Miller said. “They are illegal, period.”

New Jersey allows exemptions for gun owners to transport weapons for hunting or if they are moving from one residence to another. During the trial, Aitken’s mother testified that her son was moving things out, and his friend in Hoboken testified he was moving things in. A Mount Laurel officer, according to Larry Aitken, testified that he saw boxes of dishes and clothes in the Honda Civic on the day of the arrest.

The exemption statute, according to the prosecutor’s office, specifies that legal guns can be transported “while moving.” Despite testimony about his moving to Hoboken, a spokesman for the prosecutor said the evidence suggested that Aitken had moved months earlier, from Colorado to Mount Laurel. “Again, there was no evidence that he was then presently moving,” spokesman Joel Bewley said.

After Nappen raised the moving-exemption issue, he said, the jury asked Judge Morley for the exemption statute several times and he refused to hand it over to them. Morley, in a phone interview, echoed the sentiments of the prosecutor’s office.

“My recollection of the case is that I ruled he had not presented evidence sufficient to justify giving the jury the charge on the affirmative offense that he was in the process of moving,” Morley said.

Morley declined to comment further.

Aitken, who did not testify, was convicted and in August sentenced to prison. His father said that his son was involved in an “incident” after arriving in prison but that he doesn’t discuss it.

“This is the most normal, everyday, All-American regular kid, and for this to happen to him is a disgrace,” Larry Aitken said. “It’s a disgrace of society.”

Explore posts in the same categories: Abuse of Power, Justice System, Right to Bear Arms

13 Comments on “New Jersey: Judge Sentences Man to 7 Years in Prison for Legally Owning Guns!”

  1. tgusa Says:

    Well people who like to stick their penis’s where they don’t belong have to stick together. They probably feel ordinary citizens that have guns yet don’t stick their penis’s in animals mouth’s are a threat.

    The judge would probably tell us, in between gazing at his own penis, that he gave the guy a real good b*********g…And he probably believes the calves were gay, born that way you know, just askin for it and all.

  2. Leatherneck Says:

    New World Order Marxist Lawyer, and Judges. They hate the Constitution, and Bill of Rights of these United States.

  3. vinmega Says:

    NJ gun law offends the law abiding citizen as the whole of NJ gun law is illegal in that guns are illegal. They carve out 2 exemptions, your home or owned place of business, at the range and then straight home, dont get gas, dont take a piss, dont get a sandwich, dont get a flat tire, etc…
    Everyday a gun owner in NJ is a criminal for doing nothing other than pursuing his/her sport.
    The judge should have given the jury the exemptions and allowed them to consider it. Or the jury should have just said they cant find the guy guilty, end of story.

  4. Big Frank Says:

    The only folks in NJ who own guns without worrying are the hoodlums, thugs, punks, muggers, and gang bangers. They seem to have no problem obtaining the firearms of their choice in any quantity, all they need is a wad of cash. Some of these dirtbags are repeat offenders and don’t get 7 years. This is a prime example of the system making an ‘example’ of someone who has no prior criminal record, limited funds, and does not have wads of illicit cash to hire a powerhouse law firm. We all know that big time lawyers get some of the most repulsive criminals lighter sentences. The State Of NJ has neglected and rejected the 2nd Amendment rights given to us in the Constitution and we the law abiding populace suffer and are not able to defend ourselves as easily as our fellow countrymen in states with rational gun laws.

  5. JP Says:

    This judge is a dirtbag… period!! What the hell did this gun owner do wrong??? I think it is pathetic that this happened to what appears to be a law abiding citizen. Owning guns is a CONSTITUNTIONAL RIGHT!!!! It dates back to our founding fathers. It is our right to BEAR ARMS!!! No one can take that away, and no one should be imprisoned for legally owning guns. AND we should not allow these power hungry assholes to make these decisions what we should or should not have in this country as free men and women!! If we keep allowing people like this judge to remain in power, this country is going to go to shit!!!

  6. tgusa Says:

    this must be the no child left alive initiative I’ve heard so much about. You know, its part of the we hate ourselves and our country and countrymen too mentality that we see in DC, largely among democrats but there’s probably a few republicans doing it as well. Throw me in jail, put the judge in the same cell along with me, problem sol-ved. I have a constitutional right to protect my constitutional rights, my property my family and my friends and they know it, and that’s one reason we see them out there doing what they are doing. They don’t want us exercising our constitution rights…but that is exactly when we should be exercising them. They are afraid, and that’s why, to them, we are nazis…now.

  7. tgusa Says:

    I am beginning to see a conspiracy between the courts and law enforcement, primarily federal law enforcement. Don’t you think it’s curious that in the first part of the 20th century the FBI and such were not even allowed to carry weapons. After the people giving their permission, so that Dillinger, Machine Gun Kelly, Ma Barker and such couldn’t just pump a bunch of slugs into them and then dance over their corpses, they are now trying to take our guns away.

  8. Um. like I totally dissed da blog by actin like a child. Mr Ronin, said “see yas, punk”

  9. islams not for me Says:

    In response to harsanany you do realize that swearing is not necessary here. And its up to Ronin or Dr Bulldog to censor your comment. Frankly I could careless about a persons swear words but this is not my blog.

    I for one will not be heading out to NJ anytime soon. Until they remove judge dred… ER dead… ER…James Morley from the bench and re-do thier gun rights laws.

    (NOTE FOR YOU Liberals: I AM NOT making a death threat. I am being sarcastic about the dred or dead portions of my comment.)

    I can assume Mr. Aitken did not look up the gun laws of NJ and it is little wonder he is in trouble with the liberal judges and laws there in NJ. At the same time its questionable why people cannot transport loaded or unloaded firearms into or through NJ without risk of jail time and confiscation of thier weapons.

  10. william Says:

    Mr. Brian Miller..Jacketed Hollow Points are LEGAL to buy in New Jersey and LEGAL to transport them to your home. All you have to do to purchase them is show your drivers license. As for your unwanted comments, we all know the organization you are the head of is controlled by Bloomberg and his other right wing gun nuts. The only thing you are interested in is the disarming of the people of new jersey. If you say NAY NOT TRUE, then you are NOT telling the truth.We all know better. We know your history. Keep your nose OUT of things that do not concern you!!!!!!!!!!!!!!!

  11. Bob Says:

    Well, I won’t be bringing my hangun into NJ. I’ll drive around it. So, that’s one more law abiding citizen not coming into NJ, buying gas or food. I lived there most of my life and I’m happy I left.

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