By Proud American
Brian Aitken
On January 2, 2009 Brian Aitken was wrongfully arrested for illegal
possession of firearms while moving from one residence to another
within the state of New Jersey after law enforcement was called to a
family residence during a verbal dispute between Brian and his parents
over issues stemming from a recent divorce and an ongoing custody
battle for rights to see his son. Law enforcement officials responded
to a dropped 911 call at his Parent's residence. These details were
provided to me during a phone interview with Brian.
The guns Brian owned were purchased legally while living in the state
of Colorado after going through the normal FBI and CBI background
checks to be approved to purchase the firearms. During his move back
to the state of New Jersey, Brian received clearance by TSA to
transport his firearms via checked baggage. Brian has an Uncle who
served in law enforcement who made sure he was fully aware of the need
to contact the New Jersey State Police to see if there were any
special requirements needed to register or license. Which he did and
was informed that he did not have to register the guns.
Please take a few seconds from your day and vote for Brian's story to
be heard on Freedom Watch with the Judge by clicking the following
link: http://freedomwatch.uservoice.com/pages/16626-freedom-watch-guest-suggestions/suggestions/267495-brian-aitken
Brian Aitken was also informed that if he would wish to purchase more
guns or ammunition he would need a New Jersey Firearms Purchaser ID
Card. He had no desire to purchase either item and chose not to apply
for an Purchasing ID Card. During his conversation with the New Jersey
State Police, Mr. Aitken was also informed that he could apply for a
Conceal Carry Permit, of which he chose not to pursue since he planned
to only keep the firearms for home defense.
At the time of Brian's arrest his guns were locked in the trunk of his
vehicle, unloaded, and in wrapped in cloth and stored in a duffle bag.
New Jersey law only requires they be unloaded, stored in a locked
trunk, and stored away from ammunition. Which all laws were followed,
according to statement provided to me by Brian himself.
New Jersey Firearm Statutes and Laws:
NJS 2C:39-6e:
"Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be
construed to prevent a person… from carrying the same, in the manner
specified in subsection g. of this section, from any place of purchase
to his residence or place of business, between his dwelling and his
place of business, between one place of business or residence and
another when moving…"
NJS 2C:39-6g:
"All weapons being transported under paragraph (2) of subsection b.,
subsection e., or paragraph (1) or (3) of subsection f. of this
section shall be carried unloaded and contained in a closed and
fastened case, gunbox, securely tied package, or locked in the trunk
of the automobile in which it is being transported, and in the course
of travel shall include only such deviations as are reasonably
necessary under the circumstances."
NJS 2C:39-1
NJS 2C:39-6e
New Jersey State Police – New Jersey Firearm Laws
During my interview with Mr. Aitken, he also told me that he was
charged with possession of illegal hollow point ammunition. According
to New Jersey law, listed below, these bullets were not in violation
of these laws.
N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition.
However, there is a general exception that allows for the purchase of
this ammunition but restricts the possession of it to specified
locations. This exception provides that:
(2) Nothing is sub section f (1) shall be construed to prevent a
person from keeping such ammunition at his dwelling, premises or other
land owned or possessed by him, or from carrying such ammunition from
the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g
(2)].
Thus a person may purchase this ammunition and keep it within the
confines of his property. Sub section f (1) further exempts from the
prohibited possession of hollow nose ammunition "persons engaged in
activities pursuant to N.J.S.A 2C:39-6f. . . ."
N.J.S.A 26:39-3f. (1).
More details on the Hollow Point issue can be found at:
Transportation and Use of Hollow Point Ammunition by Sportsmen
According to Brian Aitken, he was threatened with incarceration if he
did not answer questions and consent to the search of his vehicle. He
also told me that his Miranda Rights were read to him approximately 1
1/2 hours after his search and seizure. There seems to be violations
of his Second, Fourth, and Fifth Amendment Rights with his case.
Taking into consideration, State and Federal laws which protect a
citizens right to own and transport legally purchased firearms, I
would assume it safe to say that this case appears to be politically
motivated for reasons the law enforcement officials and Assistant
Prosecuting Attorney, John Brennan can only answer. John Brennan is
the Assistant Prosecuting Attorney who has chosen not to drop charges
against Brian and to prosecute his case.
I was also informed that, due to Brian not being able to afford a
lengthy court battle, his attorney informed him that the prosecutor
was offering Mr. Aitken only a 5 year sentence if he pleaded guilty.
Brian has no desire to plead to a crime that he didn't commit and
declined the offer. I wouldn't plead guilty for a crime I didn't
commit either!
If all of this wasn't enough, a Judge Sheldon Franklin of Ocean County
Family Court in New Jersey also chose to remove all visitation rights
from Brian Aitken except 1 hour per week in the presence of law
enforcement officials inside the Ocean County Family Court. Judge
Franklin, according to Mr. Aitken, chose to treat him as though he
were a violent criminal, even though Mr. Aitken is no longer in
possession of the firearms and the charges against him are non-violent
and victimless.
Brian Aitken and Son
Brian stated:
"The charges against me are non-violent and victimless. I did
everything I could to follow the letter of the law; I checked the
State Statutes, I contacted the New Jersey State Police… I did
everything by-the-book. The Courts don't seem to care. My son has
gone fatherless for over one-third of his life because of a charge
without merit. It's time for this to end."
I would also like to add that while interviewing Brian, he talked
about his generous nature with helping with non-profit organizations
and even taking time away from work so he can take an elderly neighbor
to his kidney dialysis 3 times a week. Does he really sound like a
violent criminal to you? I believe the courts of New Jersey are busy
enough that they don't need to be looking to railroad good citizens
for legal gun ownership.
I ask that you share this story with everyone you can to help Mr.
Brian Aitken find justice in this case. If you know of someone with
ties to the National Rifle Association or Gun Owners of America,
please get these someone in one of these organizations to help him
with his battle.
Also, if you are an attorney wishing to help Brian, please use my
contact form (at the top of each page) and send me your information so
I can pass it along to Brian. He needs your help immediately to fight
these unlawful attacks on his Constitutional Rights and Freedoms!
Listen to his story at: http://www.peacefreedomprosperity.com/?page_id=36
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Categories : Gun Rights
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