In January of 2009 the police were called to Brian Aitken's parents house in Mount Laurel over a family dispute. The police found guns in Brian Aitken's car and arrested him for not having a permit to possess these guns. At the time of the arrest, the guns were unloaded and locked in the trunk of the car.
When Brian moved from Colorado to New Jersey he properly checked his guns in with the TSA. He called the New Jersey State Police and asked if he needed to register the guns. He was told that he did not need to register them.
As a result of his arrest, Brian now resides at the Mid-State Correctional Facility. He has been convicted and sentenced to 7 years. He has started to serve his sentence in late August.
Evan Nappen is handling his appeal. More info is available at Free Brian Aitken and his facebook page. Donations for his appeal can be made here.
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.”
Additonal Stories and Links
- Summary of facts (note that page 3 is posted before page 2)
- How Can New Jersey Imprison a Gun Owner Who Broke No Laws?