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Gov Christie Frees Brian Aitken

Posted: Mon Dec 20, 2010 8:01 pm
by ELB
http://www.philly.com/philly/news/20101 ... _case.html" onclick="window.open(this.href);return false;

Aitken is the guy that NJ sent to prison for 7 years for having two handguns, mags, and ammo in his car. He wanted to argue that he was exempt from prosecution because he was moving from one place to another at the time, but the judge would not let the jury hear about the exemptions because the judge decidede there was not enough evidence he was moving.

The article does not use the word "pardon," nor does it specify whether all rights are restored.

Re: Gov Christie Frees Brian Aitken

Posted: Mon Dec 20, 2010 8:11 pm
by pbwalker
ELB wrote:http://www.philly.com/philly/news/20101 ... _case.html

Aitken is the guy that NJ sent to prison for 7 years for having two handguns, mags, and ammo in his car. He wanted to argue that he was exempt from prosecution because he was moving from one place to another at the time, but the judge would not let the jury hear about the exemptions because the judge decidede there was not enough evidence he was moving.

The article does not use the word "pardon," nor does it specify whether all rights are restored.
Everything I am finding is that the sentence was commuted. No pardon was granted. :???:

At least he will be out of jail...

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 9:40 am
by Grammy
AndyC wrote:I sent the man a thank-you note:

http://www.state.nj.us/governor/contact/" onclick="window.open(this.href);return false;
As did I...

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 9:59 am
by RHenriksen
Grammy wrote:
AndyC wrote:I sent the man a thank-you note:

http://www.state.nj.us/governor/contact/" onclick="window.open(this.href);return false;
As did I...
Me, too. Put in a plug for re-examining NJ's gun control laws, and whether they're actually achieving the goals they were designed for. Pointed out that the majority of states are moving in the *opposite* direction (less gun control), and are experiencing less crime.

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 11:46 am
by ScottDLS
Gov. Christie, while a good governor on balance, is no supporter of gun rights. I'd put him in the Rudy Giuliani camp of former federal prosecutors who are suspicious of mere citizens 2nd amendment rights. Typical NY/NJ attitude toward the flyover states.

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 1:00 pm
by stroo
This still leaves him a convicted felon unable to own guns doesn't it?

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 1:10 pm
by WildBill
stroo wrote:This still leaves him a convicted felon unable to own guns doesn't it?
Unless the governor issues a pardon, he is still a felon.

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 7:47 pm
by PetrucciFan
OK, please correct my apparent misunderstanding of the law. I thought federal law allowed you to have an unloaded, locked firearm in your trunk (which Mr. Aitken had). What crime was he convicted of?

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 8:04 pm
by chasfm11
PetrucciFan wrote:OK, please correct my apparent misunderstanding of the law. I thought federal law allowed you to have an unloaded, locked firearm in your trunk (which Mr. Aitken had). What crime was he convicted of?
As one who had to live in the State for 3 years, I can tell you that LE organizations (as well as several others)do not think that they have any responsibility to pay attention to Federal laws. They pretty much make up their own, often as they go along. Corruption is rampant at all levels of government.

Mr Aitken was convicted of possessing an unlicensed hand gun and hollow point ammunition. Ordinary citizens cannot possess hollow point ammunition even in transit in NJ. Mr Aiken had no license in NJ for his pistols

There was also a case where several people showed up at Newark airport, trying to ship their handguns aboard the plane, following the rules just we do here in Texas. They were arrested by the Port Authority police. I didn't see the disposition to that case but suspect that, at a minimum, they bled lots of money trying to defend themselves.

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 8:15 pm
by ScottDLS
PetrucciFan wrote:OK, please correct my apparent misunderstanding of the law. I thought federal law allowed you to have an unloaded, locked firearm in your trunk (which Mr. Aitken had). What crime was he convicted of?
Not unless you are traveling interstate which he was apparently not...Mt. Laurel and Hoboken are both within New Jersey.

Re: Gov Christie Frees Brian Aitken

Posted: Tue Dec 21, 2010 10:27 pm
by ELB
WRT FOPA and certain exceptions in the NJ laws: As I understand it, the judge refused to let the jury hear of any exceptions to NJ's laws, altho there were some that might have applied. He also refused to consider the FOPA, altho the lawyer argued that Mr. Aitken was moving from Colorado to NJ via one of the two towns mentioned above. Slowly moving perhaps. I suspect these are issues that the lawyer will address on appeal.

The hollowpoint bullet thing is a tougher row to hoe, but since the SCOTUS based part of its Heller decision on the fact that the handgun is the most popular self-defense weapon in the US, perhaps there is a constitutional right to have HPs for self-defense, since they are most likely the most popular form of bullet for self-defense. Works for me.

Also as I understand it, it is possible that Aitken asked the Governor for a commutation, rather than a pardon, because a pardon would require him to admit guilt, and he apparently wants to clear his name on appeal.

I am glad the governor pardoned him, and arranged for that judge to be unseated, but from what I have read he is no friend of the 2A. I wish him well in his battle to balance his state's budget and his battle with the teachers' unions, but there is no way he should get anywhere near the office of the POTUS in 2012.

Re: Gov Christie Frees Brian Aitken

Posted: Wed Jan 26, 2011 6:28 pm
by The Annoyed Man
Grammy wrote:
AndyC wrote:I sent the man a thank-you note:

http://www.state.nj.us/governor/contact/" onclick="window.open(this.href);return false;
As did I...
Hey guys, check this out....

I sent Governor Christie a note back when you did, but I also included a question about whether he had commuted Aitken's sentence or pardoned him, because that is a crucial difference.

So yesterday, I get a signed letter from Governor Christie on his letterhead! It says as follows:
The Annoyed Man
Irritated Avenue
Grapevine, Texas 76051

Dear Mr. TAM

Thank you for writing to express your support for the release of Brain Aitken from prison.

Based upon careful consideration and consultation with the New Jersey Parole Board, I commuted Mr. Aitken's sentence on December 20, 2010.

I hope this information is helpful. Best wishes.

Sincerely,

[his signature]
Chris Christie,
Governor
I'm disappointed that it wasn't a pardon, but that's the first letter I've ever gotten from a sitting governor. Pretty cool, huh?

Re: Gov Christie Frees Brian Aitken

Posted: Wed Jan 26, 2011 6:50 pm
by The Annoyed Man
AndyC wrote:I got mine as well - HUGE signature on the thing.
Yes, it is an enormous signature. When did yours come in? Mine arrived yesterday, but TAW picked up the mail and didn't tell me about it until today.