Found on freedomwatch.uservoice.com This case shall be the subject of tonight's Peace, Freedom, and Prosperity Movement Radio Show.
FOR IMMEDIATE RELEASE:
NEW JERSEY'S WAR ON LEGAL GUN OWNERS
ABOUT THE VICTIM:
Brian Aitken is a 25 year old father of a one year old son. He is a Publisher by trade who grew up in New Jersey and attended Rutgers University. He spends his free time snowboarding, surfing, volunteering and reading.
Brian has been falsely imprisoned, charged and indicted of a crime he did not commit. If found guilty he faces seven (7) years in jail. There is reason to believe his 2nd, 4th and 5th Amendment Rights have been violated... and he needs your help.
On January 2, 2009 Brian Aitken was wrongly arrested for illegal possession of firearms while moving from one residence to another within the state of New Jersey.
The firearms were legally purchased and owned by Mr. Aitken while residing in Colorado. He passed an FBI and a CBI background check to purchase the firearms. When he moved back to New Jersey he was cleared by TSA to fly with his firearms (checked baggage, of course).
Upon arriving in New Jersey he contacted the New Jersey State Police and asked if he needed a license or to register his firearms. He was told that he did not have to register them, so he did not. He was also told that he needed a NJ Firearms Purchaser ID Card to purchase more guns or ammunition. Mr. Aitken did not intend on buying more guns or ammunition, so he did not apply for this Purchasing ID Card. He was also informed that he could apply for a Concealed Carry Permit, but he only intended on keeping them for home defense so did not apply for this permit.
Mr. Aitken's firearms were locked in his trunk and unloaded during the course of moving. Mr. Aitken was threatened with incarceration if he did not answer questions and consent to the search of his vehicle. His Miranda Warning was read, signed, dated and time-stamped two (2) hours after his search and seizure.
There is reason to suspect that his Second, Fourth and Fifth Amendment Rights were violated. It is obvious that he was wrongly charged, arrested, and incarcerated based on existing State and Federal law which protects his right to own and transport his legally purchased firearms.
Mr. Aitken and the law abiding citizens of New Jersey need your help. He has been indicted by a Grand Jury and the State is pursuing a conviction. A conviction would carry a mandatory seven (7) year sentence due to recent State legislation which changed illegal possession from a third to a second degree crime.
We all know that New Jersey is not a "gun friendly" state... but this is taking it to a whole new level. There is no telling who might be next in New Jersey's War on Legal Gun Owners.
EXISTING STATE LEGISLATION PROTECTING HIS RIGHTS:
"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..."
"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."
***To make things worse this illegal imprisonment and false charges became the impetus for Mr. Aitken losing his custodial rights of his young son.
Jude Sheldon Franklin, of Ocean County Family Court, ruled that Mr. Aitken was essentially a violent criminal, although no violence was ever present and the "crime" committed was not proven (and is even Constitutionally protected in the State of New Jersey - NJS 2C:39-6e).
Judge Franklin stated (paraphrased) "Even though the police are in possession of your weapons, I'm not convinced that if you wanted to get guns from someone that you wouldn't be able to."
On that presumption the Judge then Ordered that Brian no longer be able to see his son, except for 1 hour/per week in the presence of law enforcement officers inside the Ocean County Family Court.
Please give this smart, caring, liberty-loving young man some time and assistance.