Brian Aitken
Please Put Brian On TV This Wednesday July 29th! This is simply unbelievable.
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.
You can reach him at: brian.aitken@hotmail.com
CASE INFORMATION:
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:
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."
***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.
Mauricio Conti
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54 comments
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Tracy
commented
Please look into this story and see if Brian's record can be expunged.
I can't find out for sure if the conviction was a felony or not. Will he not be able to own a gun after this?
Thanks Judge, your the best! -
Pete
commented
Please allow Brians story, to be heard on Freedom Watch with the Judge.
This is just wrong. What is happening to our civil rights? You follow the rules and you still get in trouble. No wonder people have lost trust in our system. -
upndnglo
commented
I would like to hear Brian's story on Freedom Watch with the judge.
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jwmcg
commented
How does this happen? This judge must be held accountable for his irresponsibility.
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Andrew
commented
Did you know it took the police 2.5 hours to perform the illegal search and seizure of Brian Aitken's car?
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Andrew
commented
Please stay on top of the Brian Aitken case until he's free. I can't stand Nancy Grace, but I will say she has tenacity. You are one of the best and smartest judges out there, so please help not only getting Brian free, but helping repeal the draconian NJ Gun laws.
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Andrew
commented
Just because an individual possess the power to harm another doesn't mean they will act. The criminal law should be based on intent (it always has in the USA); a NJ activist judge and prosecuter have crossed the line in the Brian Aitken case by incarcerating an innocent person for 7 years.
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Constitutionalist
commented
Some of New Jersey's politicians & so called "Police" are the ones who belong in jail...
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David Wren
commented
He made every attempt to follow the letter of the law. Now he is in jail. No conspiracy here...
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seethepositive
commented
young man trying to follow laws. many have been injusticed this way with fraudulent police or reports.
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Thom
commented
time to impeach these judges who ignore the constitutional rights and any facts that happen to get in their way. You'd think that after hearing the facts the judge would throw this out and give the arresting police homework to read and understand the laws of the state and the United States.
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christine commented
Its a sad, sad day when the rights meant to protect us are turned against us in some type of politically motivated ploy. FREE BRIAN TODAY!!!
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ThikSkin
commented
Just heard Brian's story on the radio. As a law abiding citizen who carries, I'm afraid that stringent laws which fly in the face the 2nd amendment and liberal judges who believe they are wiser than America's founding fathers, will eventually be the death of this country.
Brian Aitken MUST be freed from prison, his carry rights re-instated (as if they were endowed by the government in the first place) and his record expunged....
What arrogance. What a shame. -
PAUL NELSON
commented
RELEASE THE INNOCENT VICTIM & THROW THE IDIOT JUDGE IN JAIL IN HIS PLACE!!! PROBLEM SOLVED & THAT WAY FOLKS KNOW THAT LAWS CAN NOT BE INFRINGED ON!
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Jacques Mertens
commented
The judge was fired by the governor but why is Brian still in jail?
This trial was a joke and the NJ gun laws INFRINGE on our constitutional right to bear arms.
Which part of " . . . shall not infringe . . ." don't they understand? -
Mark McKenzie
commented
this is a traisty of justice
the ludge should be fired and disbarred and the policeman should learn the laws of their state -
dave radzimoski
commented
What kind of red diaper doper babies run this state?Is this the same state that allows a man to have oral sex with cows?The judge say beasteality is ok butlegally owning a gun is not in his opinion.What a bunch horse puck!Too bad this judge cant be prosecuted,for ruining the life of a patriotic law abider.
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dave radzimoski
commented
What kind of red diaper doper babies run this state?Is this the same state that allows a man to have oral sex with cows?The judge say beasteality is ok butlegally owning a gun is not in his opinion.What a bunch horse puck!Too bad this judge cant be prosecuted,for ruining the life of a patriotic law abider.
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dave radzimoski
commented
What kind of red diaper doper babies run this state?Is this the same state that allows a man to have oral sex with cows?The judge say beasteality is ok butlegally owning a gun is not in his opinion.What a bunch horse puck!Too bad this judge cant be prosecuted,for ruining the life of a patriotic law abider.
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Ray
commented
Obviously the judge enforced his personal agenda. Scary.
