Brian Aitken Wants His Son Back And His Name Cleared

He’s going all the way to the supreme court because there ain’t no such thing as halfway crooks:

Well spoken guy, I hope he gets a clean slate and his son back.  Check out the indiegogo campaign and toss some money his way for the book if you want to support the cause.

For the background story check out the post I did on Brian Aitken back in 2010.

The beard represents the struggle… it’s a good look on him.  I can’t tell from the video because it’s only neck up, but I hope he pumped mad iron during that 4 month bid and soap-in-sock’d a lot of people who slipped up in his presence.

Brian-Aitken-New-Jersey-Gun-Law-PrisonThe amount of money and resources that have already been wasted on vilifying this guy, and the money and time wasted in the future when this hits the supreme court is unbelievable.  Think of all the actual criminals that could have been caught and what not instead.

I used the behind bars picture of him again because he’s still a prisoner of the system.

Thoughts?  How do you see this ending?

13 COMMENTS

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JWhite October 16, 2013 at 10:22 am

So…. If the law says you can’t have your assembled guns, on your person or in your vehicle… And you are found violating this law, however ridiculous it may be, you violated the law. I don’t understand . If I was on a jury, I would use jury nullification to let this guy go, but at the end of the day, he broke the law. I think LTC laws here in Los Angeles as BS, but I don’t do it because I don’t want to go jail yo.

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JWhite October 16, 2013 at 10:25 am

Correct me if I’m wrong, NJ law states you may not transfer an assembled firearm within state limits. Am I right?

“You can transport it from place of purchase to home. Home to a Certified Shooting Range. Going
hunting but must have a valid hunting license. You just can’t have it in your vehicle. Again the law says
you must have a FPIC or NJ Carry Permit to even transport firearms in NJ.”

http://www.handgunlaw.us/states/newjersey.pdf

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LGuido October 16, 2013 at 12:14 pm

I’m from New Jersey and familiar with the case. He didn’t break the law when it came to his firearms or magazines (and the Appellate Division overturned those convictions). But he did break the law when it came to the hollowpoints. HP’s are LEGAL to own in NJ but it’s ILLEGAL to transport them from one house to another when moving (complete bullshit). That’s what he’s taking to SCOTUS.

Here are the actual laws:

FOR TRANSPORTATION OF FIREARMS (NO PERMIT OR LICENSE NECESSARY SO LONG AS AN EXEMPTION APPLIES):
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…”

THEY MUST BE STORED IN THIS FASHION (AS AIKENS DID):
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.”

Here is the State Police website with the laws about HP’s. You can own them. You can bring them from the store to your house. You can bring them from your house to the shooting range etc. BUT THERE IS NO LEGAL EXEMPTION THAT ALLOWS ANYONE, CCL OR OTHERWISE, TO TRANSPORT FROM ONE HOUSE TO ANOTHER WHILE MOVING.

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ENDO-Mike October 16, 2013 at 10:48 am

Oh he definitely broke the law, and his mom basically caused that police search to happen :( In my opinion the fight here is against the stupidity of the laws though. Is it reasonable for a person to do in-depth research before they drive around between states in order to stay out of jail?

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LGuido October 16, 2013 at 12:20 pm

He called the cops, did exactly as they told him to do, and got screwed. What more research is an average person expected to do? They only law he broke is a bullshit law that virtually every gun owner in NJ breaks unknowingly.

It is ILLEGAL to transport HP’s from one house to another in NJ even though it’s legal to purchase and own HP’s. Aikens is guilty of that offense only (and the AD tossed the other convictions). This law is the dumbest one out there. How the hell do you move your HP’s if it’s illegal to move them?!?!

Agree on his mom though. That sucks.

P.S. JWhite – not illegal to transport assembled weapons. If they’re legal to own in the State they need to be unloaded and in the trunk of your car or in a locked box. I believe his were dissembled, though. Not sure.

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elephantrider October 16, 2013 at 02:55 pm

The whole legal to own, but not to transport is insane. Makes California laws look lax in comparison.

A different, but related issue with New Jersey firearms laws are people who are flying with firearms (legally) and are diverted to a New Jersey airport mid-flight. One person was arrested on the hollow-point B.S. even though they had never planned on setting foot in NJ and were diverted there against their will.

I guess the moral of the story is to stay the hell out of New Jersey?

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elephantrider October 16, 2013 at 03:03 pm

The other thing that this story highlights is how one parent can use firearm possession as a means of legal harassment against the other parent in a custody dispute.

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mlk18 October 16, 2013 at 11:56 am

I just made a donation with no-perk necessary. If it is the law of the land or not NO ONE should lose their family, especially contact with their child, over transporting a firearm. Especially when no other criminal element or history exists. It is asinine regulations such as these that whittle away at our second amendment rights. Today it is Brian, tomorrow it could be you.

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Jim P. October 16, 2013 at 09:24 pm

I just contributed as well.

I don’t care anymore. The New Jersey law is f**ked up as to be incomprehensible. My state recently mad a law that carrying a loaded magazine/speed lodaer outside of the handgun is legal.

But unfortunately most states still don’t understand:

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.

That means the Brady Law, the NFA, the 68gun control law were not constitutional.

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Al Sharpton April 14, 2014 at 06:07 pm

The Supreme Court should finally rule that anyone with a concealed carry permit can carry anywhere they want.

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mattv2099 October 16, 2013 at 10:19 pm

What a fucked story. Fuck you New Jersey.
The sucky thing is there are people who want those shitty New Jersey to be commonplace throughout America. Fuck that shit!

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mattv2099 October 16, 2013 at 10:21 pm

*shitty new jersy *laws* <— insert word laws above. doh :(

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Crash October 18, 2013 at 07:40 pm

So what happened between him and his wife? Did they divorce? He keeps saying to help him get his son back, but is the mother so callous as to not let him see pictures or pass correspondence?

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