TRENTON -- Brian Aitken, who was convicted of illegally possessing two handguns that he had legally purchased in Colorado, will be spending Christmas out of prison.
Gov. Chris Christie commuted Aitken's sentence, from seven years to time served, according to an order the governor signed today.
Aitken had appealed to Christie for commutation after being sentenced in August. According to the commutation order, Aitken will be released as "soon administratively possible."
In 2009, Aitken was arrested for possessing three handguns and ammunition -- the guns were unloaded -- after State Police troopers found them in the trunk of his car. Aitken was visiting his mother in Burlington County when she became concerned about his well-being and called the police.
http://www.nj.com/news/index.ssf/2010/12/gov_chris_christie_commutes_se.htmlThe case of a New Jersey man who is serving seven years in prison for possessing two locked and unloaded handguns he purchased legally in Colorado is a perfect example of how a law-abiding citizen can unwittingly become a criminal due to vastly differing gun laws among the states, gun rights experts say.
Aitken had purchased the guns legally in Colorado, and he passed an FBI background check when he bought them, his father said. And he said Brian also contacted New Jersey State Police before moving back back home to discuss how to properly transport his weapons. But despite those good-faith efforts, he said, Brian was convicted on weapons charges and sent to prison in August.
Brian'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. A formal appeal and clemency petition have been filed with the office of Gov. Chris Christie, and a "Free Brian Aitken" Facebook group has garnered roughly 7,000 supporters. A brief on his appeal is due on Dec. 30, officials told FoxNews.com.
Nappen claims the moving exemption issue was raised both during the trial and in a pretrial motion to have the entire case dismissed, but he said the jury was never given the exemption statute because then-Superior Court Judge James Morley refused to provide it to them.
http://www.foxnews.com/us/2010/12/02/new-jersey-gun-case-highlights-patchwork-state-gun-laws-relatives-experts-say/Well one thing I can agree with Christie about, well except I think the conviction should've been voided completely. This case was a sham! Will NJ get rid of some of the stupidity in their gun laws? They should start by allowing hollow point bullets.