New Jersey Gun, Knife & Weapon Law. This book is a reference for laypersons written by a New Jersey firearms attorney. Click on this link: http://www.evannappen.com/nappenii/ , or call 732-222-2700.
Another person who did something similar to what you want to do...
Brian Aitken Follows New Jersey Gun Laws and Now Faces 7 Years in Prison
On January 2, 2009 Brian Aitken was wrongfully arrested for illegal possession of firearms while moving from one residence to another within the state of New Jersey after law enforcement was called to a family residence during a verbal dispute between Brian and his parents over issues stemming from a recent divorce and an ongoing custody battle for rights to see his son. Law enforcement officials responded to a dropped 911 call at his Parent’s residence. These details were provided to me during a phone interview with Brian.
The guns Brian owned were purchased legally while living in the state of Colorado after going through the normal FBI and CBI background checks to be approved to purchase the firearms. During his move back to the state of New Jersey, Brian received clearance by TSA to transport his firearms via checked baggage. Brian has an Uncle who served in law enforcement who made sure he was fully aware of the need to contact the New Jersey State Police to see if there were any special requirements needed to register or license. Which he did and was informed that he did not have to register the guns.
Please take a few seconds from your day and vote for Brian’s story to be heard on Freedom Watch with the Judge by clicking the following link: http://freedomwatch.uservoice.com/pages/16626-freedom-watch-guest-suggestions/suggestions/267495-brian-aitken
Brian Aitken was also informed that if he would wish to purchase more guns or ammunition he would need a New Jersey Firearms Purchaser ID Card. He had no desire to purchase either item and chose not to apply for an Purchasing ID Card. During his conversation with the New Jersey State Police, Mr. Aitken was also informed that he could apply for a Conceal Carry Permit, of which he chose not to pursue since he planned to only keep the firearms for home defense.
At the time of Brian’s arrest his guns were locked in the trunk of his vehicle, unloaded, and in wrapped in cloth and stored in a duffle bag. New Jersey law only requires they be unloaded, stored in a locked trunk, and stored away from ammunition. Which all laws were followed, according to statement provided to me by Brian himself.
New Jersey Firearm Statutes and Laws:
“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.”
(No one knows how badly you have to stop to pee. Any deviation frompoint A to point B can get you in trouble.)
New Jersey State Police - New Jersey Firearm Laws
During my interview with Mr. Aitken, he also told me that he was charged with possession of illegal hollow point ammunition. According to New Jersey law, listed below, these bullets were not in violation of these laws.
More details on the Hollow Point issue can be found at:
N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:
(2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)].
Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition “persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . .”
N.J.S.A 26:39-3f. (1).
Transportation and Use of Hollow Point Ammunition by Sportsmen
According to Brian Aitken, he was threatened with incarceration if he did not answer questions and consent to the search of his vehicle. He also told me that his Miranda Rights were read to him approximately 1 1/2 hours after his search and seizure. There seems to be violations of his Second, Fourth, and Fifth Amendment Rights with his case. Taking into consideration, State and Federal laws which protect a citizens right to own and transport legally purchased firearms, I would assume it safe to say that this case appears to be politically motivated for reasons the law enforcement officials and Assistant Prosecuting Attorney, John Brennan can only answer. John Brennan is the Assistant Prosecuting Attorney who has chosen not to drop charges against Brian and to prosecute his case.
(The above paragraph illustrates what is typical of New Jersey. The Gestapo tactics begin road-side with the police. If it was not hollow-points, it would have been something else.)
I was also informed that, due to Brian not being able to afford a lengthy court battle, his attorney informed him that the prosecutor was offering Mr. Aitken only a 5 year sentence if he pleaded guilty. Brian has no desire to plead to a crime that he didn’t commit and declined the offer. I wouldn’t plead guilty for a crime I didn’t commit either!
If all of this wasn’t enough, a Judge Sheldon Franklin of Ocean County Family Court in New Jersey also chose to remove all visitation rights from Brian Aitken except 1 hour per week in the presence of law enforcement officials inside the Ocean County Family Court. Judge Franklin, according to Mr. Aitken, chose to treat him as though he were a violent criminal, even though Mr. Aitken is no longer in possession of the firearms and the charges against him are non-violent and victimless.
Brian Aitken and Son
I would also like to add that while interviewing Brian, he talked about his generous nature with helping with non-profit organizations and even taking time away from work so he can take an elderly neighbor to his kidney dialysis 3 times a week. Does he really sound like a violent criminal to you? I believe the courts of New Jersey are busy enough that they don’t need to be looking to railroad good citizens for legal gun ownership.
“The charges against me are non-violent and victimless. I did everything I could to follow the letter of the law; I checked the State Statutes, I contacted the New Jersey State Police… I did everything by-the-book. The Courts don’t seem to care. My son has gone fatherless for over one-third of his life because of a charge without merit. It’s time for this to end.”
I ask that you share this story with everyone you can to help Mr. Brian Aitken find justice in this case. If you know of someone with ties to the National Rifle Association or Gun Owners of America, please get these someone in one of these organizations to help him with his battle.
Also, if you are an attorney wishing to help Brian, please use my contact form (at the top of each page) and send me your information so I can pass it along to Brian. He needs your help immediately to fight these unlawful attacks on his Constitutional Rights and Freedoms!