NJ man sentenced to 7 yrs for transporting gun

**joecos** · Posted On: 12/04/2010 2:22pm

Originally Posted by Shamash

... This is the first time I've ever heard of someone getting arrested for tansporting a gun legally owned in one state across another state's line. Even though I've only transported a firearm across state lines once, I find this horribly disturbing. Out of state hunting is huge in some states and this could potentially destroy that practice in some parts of the country.

The Feds have already enacted legislation to stop the states from being able to do this. You have an absolute right to transport a firearm through a state as long as it is legal for you to have that firearm at the location from which you started the trip and at the location where you intend to end the trip. The law is quoted below in its entirety:

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

**Shamash** · Posted On: 12/04/2010 4:41pm

I searched for the name "Aitken" and didn't find anything so I thought i would post this story. http://www.philly.com/philly/news/20...d_legally.html

A man was sentenced to 7 years in prison for transporting guns he legally owned in Colorado across NJ state lines. This is the first time I've ever heard of someone getting arrested for tansporting a gun legally owned in one state across another state's line. Even though I've only transported a firearm across state lines once, I find this horribly disturbing. Out of state hunting is huge in some states and this could potentially destroy that practice in some parts of the country.

The reasoning for it seems pretty shitty to me as well since there isn't any proof to verify the mother inlaws claim that he was depressed

**Permalost** · Posted On: 12/04/2010 4:51pm

I'll bet 7 years in a prison for a charge like that can change a man from a responsible gun owner into a depressed, violent type.

**It is Fake** · Posted On: 12/04/2010 4:58pm

It is domestic violence. Due to the stupidity and danger involved in spousal abuse no one plays around at all. The cops and courts have been embarrassed to many times and this is the result.

Reading the article, your hunting and gun transportation across state lines is not the same as a possible domestic violence/murder call.

Oh and I think it is BS.
EDIT:
This is what I get for skimming:

New Jersey allows exemptions for gun owners to transport weapons for hunting or if they are moving from one residence to another.

You would be fine.

**goodlun** · Posted On: 12/04/2010 4:59pm

I thought the whole point of our justice system was so that a judge and 12 of our peers could use this thing called common sense in order to prevent injustices like this.
He should have been more careful about the high cap magazines and hollow points though.

**Shamash** · Posted On: 12/04/2010 5:01pm

Originally Posted by Permalost

I'll bet 7 years in a prison for a charge like that can change a man from a responsible gun owner into a depressed, violent type.

Its very disturbing since it implies that anyone can loose their legally owned firearms anytime someone makes a unsubstantiated claim that you are "depressed".

The second issue is that the posession of hollowpoint ammo suddenly means you are nefarious. Lots of hunting bullets are hollow points. I have a single shot 45-70 NEF rifle and the bullets I have are hollow points.

**goodlun** · Posted On: 12/04/2010 5:02pm

Originally Posted by It is Fake

It is domestic violence. Due to the stupidity and danger involved in spousal abuse no one plays around at all. The cops and courts have been embarrassed to many times and this is the result.

Reading the article, your hunting and gun transportation across state lines is not the same as a possible domestic violence/murder call.

Oh and I think it is BS.

Good points though, there was some subtext that it may have been a possible issue. It hard to say how much that played an actual roll with out reading the trial transcripts it was a very small statement in the article itself that wasn't reiterated at all.

**Shamash** · Posted On: 12/04/2010 5:06pm

Originally Posted by It is Fake

It is domestic violence. Due to the stupidity and danger involved in spousal abuse no one plays around at all. The cops and courts have been embarrassed to many times and this is the result.

Reading the article, your hunting and gun transportation across state lines is not the same as a possible domestic violence/murder call.

Oh and I think it is BS.

I don't see how this is a domestic violence issue. The guy wasn't accused of saying he planned on hurting his wife, kids, or even himself. He was going through a divorce, felt his life was shitty, and stated as such. If he said he was going to kill himself or was contemplating suicide it would be different.

**It is Fake** · Posted On: 12/04/2010 5:17pm

Originally Posted by Shamash

I don't see how this is a domestic violence issue.

DV has made courts overreact. I am not saying this is a DV case my bad. The implication in the article makes it seem like they erred on the safe side of DV issues. I could have worded it better.

The guy wasn't accused of saying he planned on hurting his wife, kids, or even himself. He was going through a divorce, felt his life was shitty, and stated as such. If he said he was going to kill himself or was contemplating suicide it would be different.

Hmmm? Are we both reading the same article?

She called 911 and the father said this:

"He said something that scared her, things that a guy will only say to his mom, like . . . 'Life's not worth living anymore,' "

It caused his mom to call 911. If that was used against him and the fear of high capacity magazines, hollow points, and a 9-11 hang up......
I guess I'll have to look up the case because, I am curious who let the cops into his car.

***Cassius*** · Posted On: 12/04/2010 5:29pm

This is extremely tragic. While we could just sit around and complain about how shitty gun laws are in many states, I would prefer it if this thread didn't degenerate into that. Instead, we should take this as a lesson in just how vitally important it is to be well informed about the gun laws in our individual states, and all the states you transport your weapons in, no matter how stupid said gun laws may be.