PA Bill Number: HB829
Title: In preliminary provisions, further providing for definitions;
Description: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions;
Last Action: Signed in House
Last Action Date: Jul 3, 2024
He says he became the face of those wrongly targeted by N.J. gun laws :: 04/17/2018
Brian Aitken says prior to his 2009 arrest he considered himself a regular guy who occasionally went shooting with his dad.
Then, he says, because of New Jersey's gun laws, he became ensnarled in a legal odyssey that made him a poster boy for the NRA and Second Amendment advocates.
During a visit Saturday to the RTSP gun range in Randolph, he got to finally thank many of the people who he says rallied others to help him regain his freedom and his rights.
"Brian reflects the example of hundreds of people," said Alexander Roubian, president of New Jersey Second Amendment Society. Roubian said he gets call after call from people who believe they are "victims" of "the agenda" of people who they say they know they can't repeal the Second Amendment, so they maliciously prosecute gun owners.
Aitken, 34, now of Harrisburg, Pa., was sentenced to seven years in New Jersey state prison in 2010 after being found guilty of illegally possessing a firearm, illegally possessing a high-capacity magazine and illegally possessing hollow point ammunition.
Largely through the work of his now-wife, Jenna, his father, Larry, and his NRA-funded lawyer, Evan Nappen, Aitken's story was publicized and he ended up getting his sentence commuted by Gov. Chris Christie after three months behind bars.
Still he was a convicted felon, but that changed when during Christie's last days in office in January, he pardoned Aitken.
The saga began when he was driving to his mother's house in Mount Laurel. When he got there, he says, his mother could tell he was upset over a child custody battle he was going through. He had stopped there to pick up things to move to his new place in Hoboken.
Aitken had just relocated from Colorado, where he had legally obtained his guns, to New Jersey so he could be closer to his son. He got clearance from TSA to bring the guns to New Jersey and called the New Jersey State Police to learn how to legally transport them within the state, he said.
Brian Aitken is seen speaking about his arrest and experience with the court system to members of the Greenwich Tea Party Patriots of Southern New Jersey, now known as the Faith and Freedom Coalition of New Jersey, in February 2011 in Upper Pittsgrove Township. (File Photo)
Aiken's mother, who worked for a family crisis organization, was worried about her son. She called 911, but then hung up. Police responded and when they got to the home they called Aitken and asked him to return to his mother's to talk to them.
"I asked, am I legally obligated to turn around," Aitken recalled in an interview Saturday during his stop in Randolph. They said "no," but he says the officer called him right back and said he would put out an alert to other department to look for him if he he didn't return, so he turned back.
"I've regretted that decision since," Aitken said.
He said police searched his car for three hours saying they were doing it because of their concern for his well-being.
He was arrested for having three locked, unloaded firearms in his trunk. He says courts took away his rights to see his son and the jury in his case was told not to consider exemptions to the laws he was charged with violating.
Larry Pratt, of the Gun Owners of America, said police have discretion, prosecutors have discretion and judges have discretion in applying the law.
"Everybody was looking for a pelt they could hang on the wall," Pratt said. "That's really sad that our justice system works at that level."
Aitken was found guilty and sent to Mid-State Correctional Facility in Fort Dix for seven years, of which he had to serve a minimum of three.
He was 27 years old.
Then on Dec. 21, 2010 Christie signed the order to commute his sentence .The next morning his family picked him up from prison. He was free.
"It took me several years to reconcile everything that happened," Aitken said. "It became very difficult to relate to people. A lot of that innocence you have at that age was gone for me."
Greg Ziolkowski, 55, of Metuchen, was one of the people who advocated for Aitken while he was in prison.
Gun laws, he said, are "harder on law abiding people who make wrong turns than they are on hardened criminals."
Saturday's event at the gun range Saturday was designed as a pardon celebration for Aitken. It was complete with food trucks, a book-signing by Aitken and, of course, visitors did some shooting.
A box on one counter bore a picture of Gov. Phil Murphy and a message that as of Monday ammunition magazines with more than 10 rounds would be illegal, so get them now while you still can.
The environment for those who support gun rights is always murky after events like the Parkland shooting in Florida, said John Torhan, 49, of Parsippany.
"I just want people to realize that we're just like them. We're not gun-toting maniacs," he said.
While Aitken is thankful for the support he has received from the second amendment community, his journey has a more personal meaning for him.
He hopes his children will see him as a person who stood up for his rights.
"The message in the past has been, 'Look at Brian and look how New Jersey made him a victim'," Aitken said. "What I think the message really needs to be is, 'Look at how Brian didn't take a plea deal. Look at how he didn't back down. If this happens to you, you have an obligation -- to yourself and the people that have come before you and the people that are going to come after you -- to stand up for your rights'."
Allison Pries may be reached at apries@njadvancemedia.com. Follow her on Twitter @AllisonPries. Find NJ.com on Facebook.
http://www.nj.com/morris/index.ssf/2018/04/pardoned_gun_owners_picks_up_shooting_again.html
