Brian Aitken
Encyclopedia
Brian Aitken is a former resident of the US state of New Jersey
who was arrested and imprisoned there for possession of handguns legally purchased in Colorado, but transported in violation of New Jersey's gun laws. His case has become a battleground for gun control
advocates and opponents alike after he was sentenced to seven years in prison. On 20 December 2010, New Jersey Governor Chris Christie signed a letter ordering the immediate release of Aitken from Mid-State Correctional Facility
. Aitken now serves as the Director of New Media for America's oldest free market
organization, the Foundation for Economic Education
and lectures regularly on freedom and liberty.
Although born in New Jersey, Aitken moved to Colorado
where he married a fellow New Jersey émigré and became a legal resident. Following the dissolution of his marriage, he returned to New Jersey to be near his young son and other family members. During the course of his move back to New Jersey he made several trips by commercial airline to and from Colorado. Prior to the last trip he sought clearance from the United States Department of Homeland Security
Transportation Security Administration
to transport three handguns in his checked luggage. This clearance was granted.
During the jury instructions
Judge Morley did not charge the jury with the exemptions to the New Jersey law despite arguments by the defense that Aitken met one of the exemptions and was therefore innocent of the charges. The jury returned three times requesting to be made aware of the laws that provide exemptions for lawful possession, however, all three requests were denied by the judge. One of the jury requests read:
In an interview with ABC News Joel Bewley, a spokesman for the Burlington County Prosecutor's Office, stated:
On April 8, 2011 the Sam Adams Alliance
, a conservative activist group, awarded Aitkens $10,000 as part of their Sammies Awards. Aitkens was recognized for "making a courageous stand against New Jersey's draconian gun laws".
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
who was arrested and imprisoned there for possession of handguns legally purchased in Colorado, but transported in violation of New Jersey's gun laws. His case has become a battleground for gun control
Gun control
Gun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
advocates and opponents alike after he was sentenced to seven years in prison. On 20 December 2010, New Jersey Governor Chris Christie signed a letter ordering the immediate release of Aitken from Mid-State Correctional Facility
Mid-State Correctional Facility
Mid-State Correctional Facility is located between the cities of Rome and Utica in New York State.Before Mid-State was a prison, it was a hospital for both the mentally ill and mentally handicapped. There was a so called “25-year building spree” in the prison system, when the number of prisoners...
. Aitken now serves as the Director of New Media for America's oldest free market
Free market
A free market is a competitive market where prices are determined by supply and demand. However, the term is also commonly used for markets in which economic intervention and regulation by the state is limited to tax collection, and enforcement of private ownership and contracts...
organization, the Foundation for Economic Education
Foundation for Economic Education
The Foundation for Economic Education is one of the oldest free-market organizations established in the United States to study and advance the freedom philosophy. Murray Rothbard recognizes FEE for creating a "crucial open center" that he credits with launching the movement...
and lectures regularly on freedom and liberty.
Background
A self-described digital media entrepreneur, Aitken has partnered with companies like the Louis Vuitton Moet Hennessy Group and received his Executive Education from the NYU Stern School of Business. His website displayed blog entries dating up until two days prior to his incarceration.Although born in New Jersey, Aitken moved to Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
where he married a fellow New Jersey émigré and became a legal resident. Following the dissolution of his marriage, he returned to New Jersey to be near his young son and other family members. During the course of his move back to New Jersey he made several trips by commercial airline to and from Colorado. Prior to the last trip he sought clearance from the United States Department of Homeland Security
United States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
Transportation Security Administration
Transportation Security Administration
The Transportation Security Administration is an agency of the U.S. Department of Homeland Security that exercises authority over the safety and security of the traveling public in the United States....
to transport three handguns in his checked luggage. This clearance was granted.
Arrest
On January 2, 2009 Aitken's mother contacted police to attend to her son after he became distraught over a dispute with his ex-wife. The responding officers searched his car and discovered three locked and unloaded handguns in the trunk. Aitken was subsequently arrested for possession of these weapons and was sentenced to seven years in prison by Judge James Morely. Judge Morely's decision not to provide information to the jury regarding exceptions to New Jersey's relatively strict firearm possession laws became a source of controversy. Gun laws in the United States vary widely by state and require expert knowledge to understand the differences.During the jury instructions
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...
Judge Morley did not charge the jury with the exemptions to the New Jersey law despite arguments by the defense that Aitken met one of the exemptions and was therefore innocent of the charges. The jury returned three times requesting to be made aware of the laws that provide exemptions for lawful possession, however, all three requests were denied by the judge. One of the jury requests read:
"Why did you make us aware at the start of the trial that the law allows a person to carry a weapon if the person is moving or going to a shooting range, and during the trial both the defense and prosecution presented testimony as to whether or not the defendant was in the process of moving, and then in your charge for us to deliberate we are not permitted to take into consideration whether or not we believe the defendant was moving?"
In an interview with ABC News Joel Bewley, a spokesman for the Burlington County Prosecutor's Office, stated:
"The defendant's attorneys presented evidence that his house was for sale and that at the time of arrest he was travelling from one residence in New Jersey to another."
Release
An appeal for clemency from New Jersey Governor Chris Christie was filed by family and friends of Aitken. On December 20, 2010, Governor Christie signed a letter ordering the immediate release of Aitken from Mid-State Correctional Facility. On the morning of December 21, 2010, Brian Aitken was released to his family. He has since announced that he intends to file a 42 USC 1983 Deprivation of Civil Rights lawsuit against the Police Officers, Prosecutor and Judge to hold them accountable for their actions Aitken's lawyer, Michael Orozco, sent letters to the Mount Laurel Police Department and the Burlington County Prosecutor’s Office to notify them that they would be sued for their behavior in the case, which Orozco claims violated Aitken’s civil rights.On April 8, 2011 the Sam Adams Alliance
Sam Adams Alliance
Sam Adams Alliance is a non-profit organization based in Richmond, Virginia. Founded in Chicago in 2006, the group describes itself as a "fiercely independent organization dedicated to inspiring and encouraging grass-roots citizen activism."...
, a conservative activist group, awarded Aitkens $10,000 as part of their Sammies Awards. Aitkens was recognized for "making a courageous stand against New Jersey's draconian gun laws".
See also
- Gun laws in the United States (by state)
- Open CarryOpen CarryIn the United States, open carry is shorthand terminology for "openly carrying a firearm in public", as distinguished from concealed carry, where firearms cannot be seen by the casual observer....
- Concealed Carry in the United States
- Brady CampaignBrady CampaignThe Brady Campaign to Prevent Gun Violence and the Brady Center to Prevent Gun Violence are affiliated non-profit organizations in the United States. They are named after James Brady who was permanently disabled as a result of an assassination attempt on U.S. President Ronald Reagan in 1981...
- National Rifle AssociationNational Rifle AssociationThe National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...