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I note at least one significant inaccuracy in the article:

In the Garden State, Aitken was required to have a purchaser’s permit from New Jersey to own the guns and a carry permit to have them in his car.

My understanding of NJ law is that you need a purchaser’s permit to BUY the guns, not to own them. The carry permit IS required, however, there are numerous exceptions, such as moving from residence to residence, which is at issue in this case.

This is the first time I’ve read about the “hollow-point” bullets and “large capacity” magazines. I don’t agree that these should be illegal, however if he was convicted of possessing these in contravention of NJ law, then his case is a little weaker.

The problem with these pop media reports is that it’s tough to assess all the details without the trial record.

For example, Aitken’s lawyer says there was evidence at trial that Aitken was moving. The judge said there was no evidence, which is why he kept the moving exemption from the jury. There is no way for us to know without seeing the trial record.

I think the press, in this case, should put the whole trial record on the web.

NJ is the only state in the US that regulates hollow-nose bullets. They are not carte blanche illegal, but just as with all the other gun regs in NJ, the do’s and don’ts are confusing, and in my opinion, fundamentally intended to ensnare gun owners in a “crime” so the State can gleefully proceed to ruin your life.

The only item in this whole God-awful malicious prosecution that technically has legal legs is possession of magazines with a capacity greater than 15 rounds. Someone needs to explain to me in terms a 5 year old can understand how these magazines harm society so greatly they must be outlawed, and the penalty for simple possession of them garners a more severe prison sentence than some violent crimes.

The firearms transport regulations in NJ are also confusing, and once again, intended to ensnare the poor unsuspecting slob into committing a “crime”. The best way to avoid being charged with a transport crime is to join the Association of NJ Rifle and Pistol Clubs (ANJRPC), because there are somewhat broader protections built into the law for members transporting firearms – protections that non-members don’t have. Aitkens firearms being unloaded and locked is consistent with NJ regs – but the issue of the to/from of the transport is what got Aitken initially in hot water – plus the over-sized mags.

This past summer I was called for Jury Duty in my county here in NJ. During the prospective juror questioning session by the Judge, I was asked a random question from a boiler-plate questionnaire, and it happened to be about gun control laws (even though the trial wasn’t a gun case). With defense and prosecutors standing at my elbow to hear my responses to the questionnaire, I replied that I didn’t really have a problem with current federal regulations, but that the State of NJ gun regs were a “catastrophe”. To that, both prosecutors laughed, and I was MORTIFIED they thought I was funny. That’s the state of the State of NJ for you.

Last point: In the great state of NJ – you NEVER EVER ask a cop for advice about gun regs. N-E-V-E-R. These laws are so complex and convoluted that no cop really understands all the nuances. And claiming you did what the cop said will hold not 1 molecule of water in court.

The whole mess is just sick

According to the New Jersey State Police New Jersey is a voluntary registration state.

A person who moves into New Jersey from another jurisdiction, may keep firearms legally possessed prior to the move.
No permits or ID cards are needed. There are several conditions that may apply however.
1. If the owner of the firearms(s) is subject to any of the disabilities under NJSA 2C:58-3c, he or she may only retain ownership for a period of 180 days.
He must surrender, sell or otherwise legally transfer the firearms that he owns within that time period.
2. If any of the weapons are considered assault firearms (or high capacity magazines) under New Jersey law, those weapons may not be brought into New Jersey
and must be disposed of legally (under the former jurisdiction’s laws) prior to the individual moving into New Jersey.
Persons who move into New Jersey may voluntarily register their firearm(s) at their local police department of State Police station as the case may be, utilizing form SP650.

It appears that he violated number 2 by having the high capacity firearms in violation of New Jersey law and not because he did not have a permit. The permit is only required if he
Wished to purchase a new or used firearm while a New Jersey resident.

So, if it was the “large” capacity magazine that really got him into trouble (and I doubt it was just this) then it makes his incarceration even more egregious.

[…] Radley Balko has some of the first details. The gun-possession case aroused wide interest among blogs; we covered the story here, here and here. […]