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May 24th

Gov. Christie becomes hero to NRA followers for letting New Jersey gun convict Brian Aitken out of prison

aitkenBRIAN122210_optFormer Mt. Laurell resident gets prison sentenced commuted

BY BOB HOLT
NEWJERSEYNEWSROOM.COM

Gun rights advocates like the National Rifle Association (NRA) and a former Mt. Laurel resident received an early Christmas gift when Brian Aitken's prison sentence for illegal handgun possession was commuted by Governor Christie.

Aitken, 27, had been serving a seven-year prison sentence after being found with guns he'd purchased legally in Colorado. It was Christie's first commutation since taking office almost a year ago.

The conviction, according to the Burlington County Times, arose from a January 2009 incident in which police responded to Aitken's parents' home in Mount Laurel for an abandoned 911 call.

Fox News reports that on Jan. 2, 2009, Aitken, an entrepreneur and media consultant with no prior criminal record, muttered to his mother that life wasn't worth living after a planned visit with her son was abruptly canceled at the last minute.

Police said Aitken's mother later told responding officers she was concerned her son might harm himself, possibly with a firearm.

Officers later searched Aitken's vehicle and found three handguns as well as 39 hollow-point bullets in the trunk, police said. The ammunition is illegal to possess in New Jersey.

Aitken had purchased the guns legally in Colorado, and he passed an FBI background check when he bought them, according to his father, Larry Aitken. Brian also contacted New Jersey State Police before moving back back to the Garden State to discuss how to properly transport his weapons.

So Aitken faced felony charges the same as if he had used the guns to commit a crime. Supporters of Aitken even began a Facebook campaign to get his sentence commuted.

Aitken's relatives and his lawyer, Evan Nappen, believe he had a legal exemption to have the handguns in his car because they say he was in the process of moving from his parents' home in Mount Laurel to Hoboken when the guns were found.

However, state Superior Court Judge James Morley did not allow the argument in trial this year. Aitken, a graduate student with no prior record, was convicted and then sent off to prison in August.

The Daily Record reports Christie later declined to reappoint Morley because of an unrelated case.

"The governor has reviewed all the facts of Brian Aitken's case and has commuted his sentence to time served," Christie spokesman Michael Drewniak said. "Considering both Aitken's offense and punishment, the governor believes this is the most compassionate and just solution."

Nappen said they will continue to pursue appeals based on the legal elements of the case. He said Christie "is a hero to gun owners across the nation."

Aitken had appealed to Christie for commutation after being sentenced in August. He could have been paroled in three years.

According to NJ.com, Aitken is being held at the Mid-State Correctional Facility Annex in Wrightstown, located on Fort Dix. He's expected to be released today, said corrections spokeswoman Deirdre Fedkenheuer.

 
Comments (13)
13 Wednesday, 05 January 2011 11:32
JBones
He did get completely hosed and I'm glad he is out of jail. On the other hand I have to say as a life long NJ resident to some of the people here, if you don't like it here feel free to leave. The taxes may be way too high but there are a lot of benefits as well. Higher paying jobs, nice communities, and everything from the shore, to very rural communities, to more city like ones. It's not all badf or no one would live here. Annoyingly it may not be easy to be a gun owner here but unlike some people I also don't define my entire life by my hobby.
BTW Freedom, feel free to stay in PA. We'll somehow get along without you.
JHP
12 Sunday, 02 January 2011 20:41
ErricZ
You do realize that hollow point bullets are NOT illegal in NJ. It is only illegal to have them in a Concealed Carry Weapon. Nice choosing sensationalism over fact-checking.
11 Thursday, 23 December 2010 12:57
Howie
Today, Gov. Paterson of NY, is going to pardon a black man who was convicted for a killing in 2006. Both of these cases demonstrate the socialistic, racial component to justice in NY and NJ. Had the LI killer been white, he would never be considered for a pardon. Similarly, if Aitken was not white, he probably would have been given a slap on the wrist by the judge and allowed to go free. How is justice served by the the actions of super liberal politicians and judges.

Also, Aitken says he has documentation that the judge in his case "strong armed" the jurors in to a guilty verdict.
10 Wednesday, 22 December 2010 21:31
Geoff
Peter I can't really add anything to your comment- it is spot on.

I personally live in one of the "backward" states that allow a few personal freedoms which are spelled out in the Constitution and Bill of Rights.
9 Wednesday, 22 December 2010 19:34
John Lambert
The problem is..

I think the government is dancing here. He looks great for commuting the sentence, but Aitken needs to a pardon not just have the sentence commuted.

Just being commuted, Aitken still has a felony on his record.
8 Wednesday, 22 December 2010 18:54
PA Resident
NJ is the epitome of liberalism. It verges on a police state. As a resident of PA most everyone I know actually has a permit to carry a gun concealed. NJ is a totally different country. It relies on a heavy police presence to keep the peace. Even with the massive police presence its crime rate is many times higher than most of the counties in PA that border it.

You can see the fear of the population of their own police. You will see FOP supporter on very fifth car. It is a silent plea that says “oh please officer I support the police please don’t pull me over”. The people of New Jersey have long given up liberty for security and now fear their own justice system.
7 Wednesday, 22 December 2010 18:23
Brian Jones
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed".
What part of the second amendment are the having trouble with.It looks to be very simple to me.
6 Wednesday, 22 December 2010 15:52
Porquepine
Commuted? Sure he is out of prison, great, but now he has a Felony on his name which will prevent him from ever owning a firearm again. If true justice is going to be served, his conviction will be removed!
5 Wednesday, 22 December 2010 15:47
Proud firearms owner
Dear Bob Holt,
You are an idiot and need to get your facts straight before publishing another article.
4 Wednesday, 22 December 2010 14:00
George S.
"...state Superior Court Judge James Morley did not allow the argument in trial this year."

Seems to me that this judge;s actions should hold accountability. He should be sued for with-holding information that would have cleared this man's name from wrong-doing.

Also love the title of this article, makes this guy seem like a real gun-toting criminal. Nice job newjerseynewsroom.com. It is the media like you that help portray the image that all legal gun owners are bad.

If this guy was illegal he never would have went to prison and the police officer that arrested him would have been suspended for violating his civil rights.
3 Wednesday, 22 December 2010 13:55
Ruski
I am in disbelief about this whole case. Aitken should sue to get back almost a year of his life! 7 years in prison with no priors for transporting unloaded guns and hollow points? And kids here in Florida kill each other and get 5! The NRA clearly should have stepped in to help on this one.
2 Wednesday, 22 December 2010 13:21
Bill Palmer
The fundamental problem is a totally corrupt justice system that went all out to convict this lawful gun owner. They are the real criminals.
1 Wednesday, 22 December 2010 13:05
Peter Merkin
First, Aitken was upset about a cancelled visit with his own son, not "her son" as you stated. Second, hollow point ammunition is simply not illegal in New Jersey. They sell it at Dicks Sporting Goods. It is illegal to carry it, but virtually no one in NJ can obtain a carry permit. Hollow point ammo can be transported to and from the range and while moving, in the same way that firearms can be transported under the exemption at issue in the Airken case. Why is it so hard to get the facts on NJ gun laws right? Well, perhaps because NJ gun laws are an incomprehensible mess that do nothing to reduce crime or keep anyone safer.

I would also like to point out that it is not just "gun rigts advocates" who are happy about the Governor's decision. Anyone with a shred of objectivity recognizes that this guy was railroaded, not given a fair trial, and certainly did not deserve the sentence he received, even if he was in technical violation of the law. Every law abiding citizen has an interest in making sure our judicial system works efficiently and fairly and that our laws comport with the Consitution and serve some public interest. The gun laws in this state are neither Constitutional nor sensible, and it is time that all citizens demand change.

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