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Frank Jack Fiamingo

NJ2AS FREE BRIAN AITKEN RALLY CANCELED

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That letter was definitely written and/or approved by his lawyer. Just like he (his lawyer) doesn't want to be associated with the "gun rights" crowd, he can't be sending letters that show any sympathy towards them right now.

 

I am sure he really does appreciate what you guys did, he just can't say it now for his own good. After all, it's his a$$ on the line.

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Frank,

I just wanted to say thanks for everything that you have done over the last few weeks. What you accomplished was nothing less than astounding. I have never seen anyone put so much effort into helping a complete stranger. You're a stand-up guy.

 

Thank you for the vote of confidence, Bob. It is a shame we didn't get a chance to complete the mission.

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I think this sums it up .....Quote, {WhileI sympathize the need for legal reform I can't build a soapbox withmy name on it from people whom I do not know to preach their views which I amnot aware of, and may not sanction.}

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and then some.

 

I think there may be some backroom dealings going on here that ccaused this to happen. Kind of a call off the dogs thing. Time will tell. Or we may never know. Either way it is time to move on to another front.

 

And, we never said the guy did not break the law, NJ2AS was upfront about the 16 rd mags. We said the guy did not get a fair trial. We have read the court transcripts. But this is all meaningless now.

 

The important thing to keep in mind here is, this is the kind of thing that could easily happen to one of us, a friend or a loved one. Brian is not a criminal. He does not deserve a seven year prison sentence. THAT is what we are fighting to change. What Brian did not understand is, the individual characters may change, but the bad law remains, UNLESS we work to change it. Having said that, *HE* is the one sitting in prison. I have no problem complying with his wishes.That doesn't mean I AGREE with him, but it is his life.

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it's pretty easy to talk sh*t about the guy from the comfort and safety of YOUR HOME.

 

Since moving to NJ I have felt less comfortable and less safe, so sitting where he is wouldn't be much of a difference for me.

 

Oh well I had to be out of town anyways, it's his life as many have said. I removed Free Brian from facebook and while I do not wish him to rot in prison I will not be offering any more support to him or his family.

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From Facebook about 20 minutes ago:

 

Jen Aitken: Please stay tuned...we will be releasing the true details as to what happened. Please keep an open mind and stay tuned. We will notify you of press releases.

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FREE BRIAN AITKEN RALLY POSTPONED

 

Brian’s family is deeply touched by the outpouring of your support and wishes to express our sincere thanks to everyone who has taken the time to become involved,and for your continuuing support.

 

It is also our desire to keep 100% of the focus on Brian,by respectfully petitioning Governor Christie to grant his release from prison.

 

We will keep you updated on future events!

 

Thank you again,

 

 

Brian's Family & Friends

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From Facebook about 20 minutes ago:

 

Jen Aitken: Please stay tuned...we will be releasing the true details as to what happened. Please keep an open mind and stay tuned. We will notify you of press releases.

 

Not to worry. I was THERE :-) *I* already KNOW what happened. They would be smart to leave this one alone.

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Not to worry. I was THERE :-) *I* already KNOW what happened. They would be smart to leave this one alone.

 

Oh jeez Frank, now you're killin' me.....it's bad enough I have to wait till spring to shoot boatloads of black powder cartridges, but this on top is just suicide.....

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I think this sums it up .....Quote, {WhileI sympathize the need for legal reform I can't build a soapbox withmy name on it from people whom I do not know to preach their views which I amnot aware of, and may not sanction.}

 

 

Isn't that part of the problem in NJ? Don't join together to stop the injustices that continue..make us too frightened to speak up in a concerted effort..don't rock the boat..maybe if we smile they'll throw us a bone.

 

 

:hopechange2sp6nv4-1:

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Isn't that part of the problem in NJ? Don't join together to stop the injustices that continue..make us too frightened to speak up in a concerted effort..don't rock the boat..maybe if we smile they'll throw us a bone.

 

 

:hopechange2sp6nv4-1:

 

 

And it won't be the type of bone we want.....:o

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I think this sums it up .....Quote, {WhileI sympathize the need for legal reform I can't build a soapbox withmy name on it from people whom I do not know to preach their views which I amnot aware of, and may not sanction.}

 

If I'm ever locked up unjustly, you can build a soapbox with my name on it and preach anything you want if it will get me out of prison. I'm not that principled. You can even sell t-shirts with my name and keep the profits.

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Isn't that part of the problem in NJ? Don't join together to stop the injustices that continue..make us too frightened to speak up in a concerted effort..don't rock the boat..maybe if we smile they'll throw us a bone.

 

 

:hopechange2sp6nv4-1:

 

That is why we have to start being PREEMPTIVE! We can't afford to wait until they have one of us in their slimy grip. We have to fight NOW and fight HARD! Let's keep the momentum we built up, and start channeling it. The NJ2AS will help as much as possible, but it is going to take a *LOT* of us putting the SAME type of effort that went into organizing this rally. I FINALLY figured something out. As nice as it was to have Alan Gottlieb willing to fly out here to join with us, we don't NEED that. We can do it all OURSELVES. WE are the ones with the power and the energy. We just need to get our focus. Alan will come because we DESERVE to have him come. Because we are active and working. He is a GREAT guy btw. He has been EXTREMELY supportive, as has Scott Bach, The guys from ConservativeNewJersey.com, Steve Lonegan and the people from Americans for Prosperity, Anthony Colandro from Gun for Hire, Michael Patrick Carroll, and so many others here in NJGF, and of course the Board, Officers, and members of the NJ2AS. Trust me, I would not have been able to get so much moving without all the help and support I have received. But that is just the point. We *HAVE* that. RIGHT HERE. We need to form alliances with all these groups and leaders, THEN we will change New Jersey into a livable State. OK, that's it for me guys. :-) Your eyes are probably bleeding at this point. Thanks for letting me rant.

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If I'm ever locked up unjustly, you can build a soapbox with my name on it and preach anything you want if it will get me out of prison. I'm not that principled. You can even sell t-shirts with my name and keep the profits.

 

icon_e_biggrin.gificon_e_biggrin.gificon_e_biggrin.gif We'll *BE* there!!!

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I removed my thoughts after finding more information.

 

Brian is getting screwed by a bad law and by a poor handling of the trial procedures. He will get an appeal, it will be overturned, but I predict he will still be found guilty of high cap mag possesion and then possesion of hp while committing a crime (the hicaps).

 

Each mag will now become a 9 mos term.

 

Sorry guys, but I question his version of events now. These are stupid laws, and they need to be removed, but this is the current situation in NJ. Hitching our collective 2A dreams to the fate of a young man that made some serious errors in judgement (bringing hicaps into NJ and possessing hps at same time) is possibly detrimental to the cause.

 

This is not the clear cut case of 2A injustice needed NJ gun owners... Brian made errors and it will cost him, I am very sad to say.

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Hold on a second here... First does anyone have the arrest report on Brian? I would like to read it completely.

 

Now I need to ask some questions. Did he have 16rd mags and if so how many? It is a fact that he did have hollowpoints, correct. So he was charged with transporting a firearm illegaly, possesion of hollow points rounds while commiting a crime (transportation) and having magazines that exceeded the 15rd NJ limit. from my reading, he was found guilty of the transportation and the hollowpoints. Both in my opinion, not a lawyer so this means nothing, charges that could be overturned on appeal fairly easily using the lack of judicial direction from the bench.

 

Ok... but this will not make the 16rd mag charges go away, then couple that with the hollow points, because they will say the new crime was in possesion of illegal high cap mags, this case could get much worse for Brian. Is not the illegal high cap magazine penalty greater if found quilty of that charge... and each magazine would be a single charge, so if he had 3 mags for each gun, 9 charges!

 

Is it me only... or am I that stupid that I am missing something here? I understand this guy is getting hosed by a crappy law, but if he knowingly brought 16rd mags into the state...

 

Axe,

The anti-gun people would like nothing better than for us to speculate about this. There are NO facts that show that Brian was using anything in his possession to commit a crime. It is the possession itself they convicted him of. My personal belief is that we need to focus on THAT fact, and work to change the laws so that simple possession (of even a 16 round mag), is not treated as a felony. Assemblyman Michael Patrick Carrol is working on a bill that would treat these kinds of infractions differently than criminal possession (the use of a gun in the commission of a crime). If we can garner as much enthusiasm for that bill when it is introduced, as we did for Brian, we will have accomplished something. The 2a people, gun owners, firearms enthusiasts (whatever people want to call us) have just PROVEN that we can come together as one strong voice. I am NOT defeated that the rally didn't come off. I am HONORED to be part of a PHENOMENAL group of people who can be counted upon to pull together to help one of their own. NOW we need to pull together to help *ALL* of our own.

The New Jersey Second Amendment Society is DEDICATED to working with all the other rights groups in New Jersey, to make this the best and freest state in the Nation. The only thing that can stop us is the misguided belief that we can't do it. Well, I think we just PROVED that we CAN!

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Axe, think about it this way. The spring wears on your high cap and it accepts 16 instead of 15 and you dont notice. Officer Bill checks it at a routine stop. Is prison the right punishment for your crime of lax maintenence? But the guy that robbed a wawa with a knife gets probation :blink:

 

To add to that, it never mattered to me if there were infractions present. My key issues are:

 

an administrative error is not the equivilant to crime with a firearm and thus should have an administrative punishment.

a Judge CAN NOT be allowed to use his bench to sway an outcome for his own agenda! That is a travesty of justice that reaches far outside just firearms issues!

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The only way that Brian Aitken can actually get off scott-free is if the laws are changed before the date of his appeal. His lawyer should talk to organizations such as SAF/ANJRPC and see if they can pull something together. Whenever a law is changed after the commission of the crime, and before the ruling, the person in question is always given the better option. Lets say the law were changed to make it a 20 year sentence per high cap mags, Aitken would still get 9 months per high cap mag. Lets say they got rid of the law, he would get off free instead of 9 months.

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Hitching our collective 2A dreams to the fate of a young man that made some serious errors in judgement (bringing hicaps into NJ and possessing hps at same time) is possibly detrimental to the cause.

 

 

 

this is what passes as "serious errors in judgment" these days? Having a few magazines that hold one more round than allowed by a stupid law. Should I be loading up every mag I have before I leave for the range to make sure they haven't worn or broken to accept a 16th bullet? This should be a non-issue, but we are in NJ so it is one, but a serious error in judgement? That's how only anti's should be thinking about this.

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this is what passes as "serious errors in judgment" these days? Having a few magazines that hold one more round than allowed by a stupid law. Should I be loading up every mag I have before I leave for the range to make sure they haven't worn or broken to accept a 16th bullet? This should be a non-issue, but we are in NJ so it is one, but a serious error in judgement? That's how only anti's should be thinking about this.

The laws are stupid.

The laws a capricious.

The laws are outdated.

The laws are draconian.

The laws weigh the balance in favor of the criminals.

The laws do nothing to prevent crimes against property or individuals.

The laws are .... whatever.

 

The laws are the laws. We all want them changed. We all want a level playing field. We all want the freedom to make the same choices that are taken for granted in free states. We all support even the smallest positive action towards accomplishing that end.

 

But, for now and until something changes, yeah, poor judgment or an innocent oversight will put you in a bad way. Deal with it.

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All, I agree with what the majority are saying about this case being about abuse of authority, legislating from the bench and unbalanced penalties. I am all for getting rid of these laws, 100% and I will storm the barricades with you when it is time. Frank I am with you... and nobody has ever accused me of being an anti, but this kid made a mistake. He either knowingly brought 16rd mags into the state thinking there was no way anyone would ever find out, or he never called the SP and assumed he would be ok bringing in his guns, rounds and mags. Either one of those is a serious error in judgement.

 

Look, I moved here from a gun free state, Georgia. I had to do my homework when I relocated, I sold some guns that I knew were vebotten in NJ, and I sold some mags that were >15rds all before I moved here. This was not a case where Brian had an old G19 mag that could fit another 9mm round in... he had XD 9mm 16rd mags (word is) in his possesion. This is a crime, STUPID law yes, but it is the law currently. Look we can all go die for our country at 18, but we cant have a drink until we are 21. STUPID law, but it is the law currently. You not walking into a bar at 18 and ordering a drink without some issues.

 

His case needs to be overturned on appeal, and most likely will be. But the DA will re-issue charges against him for the mags and the hp's while in possesion of the mags (this is the crime).

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All, I agree with what the majority are saying about this case being about abuse of authority, legislating from the bench and unbalanced penalties. I am all for getting rid of these laws, 100% and I will storm the barricades with you when it is time. Frank I am with you... and nobody has ever accused me of being an anti, but this kid made a mistake. He either knowingly brought 16rd mags into the state thinking there was no way anyone would ever find out, or he never called the SP and assumed he would be ok bringing in his guns, rounds and mags. Either one of those is a serious error in judgement.

 

Look, I moved here from a gun free state, Georgia. I had to do my homework when I relocated, I sold some guns that I knew were vebotten in NJ, and I sold some mags that were >15rds all before I moved here. This was not a case where Brian had an old G19 mag that could fit another 9mm round in... he had XD 9mm 16rd mags (word is) in his possesion. This is a crime, STUPID law yes, but it is the law currently. Look we can all go die for our country at 18, but we cant have a drink until we are 21. STUPID law, but it is the law currently. You not walking into a bar at 18 and ordering a drink without some issues.

 

His case needs to be overturned on appeal, and most likely will be. But the DA will re-issue charges against him for the mags and the hp's while in possesion of the mags (this is the crime).

 

Axe,

 

I know exactly what you are saying. And HELL YEAH - I *KNOW* that you are the farthest thing from ANTI. icon_e_biggrin.gificon_e_biggrin.gificon_e_biggrin.gificon_e_biggrin.gif I sure hope I didn't give *THAT* impression. icon_e_surprised.gif

 

I think we are all on the same page. Let's work to get these unconstitutional laws OFF THE BOOKS. The NJ2AS will work with any and *ALL* individuals and groups whose goals are consistent with our mission. When it comes right down to it, FREEDOM is our mission. We are focused on one specific aspect of our freedom, 2A rights and freedoms, but we will ALSO work with others to make this State not only "livable", but the FREEST place to live. Why not? We allowed the liberal rights grabbing people to run things for *WAY* too long. Now we have to use what nature gave us between our ears to direct our energy towards REPAIRING all the damage they have done. What they can tear down, *WE* can rebuild, and we will.

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Axe, I understand what you are saying but I think your missing some of the point. All laws and penalties have to pass a degree of reasonable-ness. In other words the punishment has to fit the crime. If you really get down to it, a case can be made for cruel and unusual punishment. This could be determined by analysing a cross section of other states and what their punishment is for the same crime. So even if this state keeps its laws, the punishment is out of alignment. So again there is a disparity here. Should BA get 7 years for an "administrative" violation compared to the guy convicted of trafficing full auto AK47's that only got 4 years? Or how about a repeat offender bank robber that got 6!

http://www.nj.com/news/index.ssf/2010/06/harding_man_gets_six_years_in.html

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Shane... nope I got it and agree. They are totally out of balance with reality. And this is not a but... when I see some inner city politico actually state that violent criminals deserve punishment to the full extent of the law and mean it, then I will believe that real change might be in the making.

 

BA should never have gotten 7 years... he should never have been stopped/recalled, searched or arrested. Personally want to know why his car was searched.

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BA should never have gotten 7 years... he should never have been stopped/recalled, searched or arrested. Personally want to know why his car was searched.

 

According to the news reports, the police asked to search his car and he agreed. They had no probable cause to search, so if he would have refused, the cop probably would not have been able to obtain a warrant.

 

Let this be a lesson boys and girls. Never, ever consent to a search. No good can ever come of it!

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Let this be a lesson boys and girls. Never, ever consent to a search. No good can ever come of it!

 

+1 If they don't have probable cause, it's a fishing expedition to incriminate you for whatever they can find. Cops are not your friends.

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I just want to inform you guys of TWO rights that you do have during a consented search.

 

#1. After granting consent, at any point during the search, you have the right to withdraw consent of the search and the officer must stop the search. Think of it as "no means no" for sexual assaults. As soon as a woman says she does not consent to sex anymore, you MUST stop or it is considered sexual assault. The SAME basics apply to a consensual search, at any time you may withdraw consent to the search, and any evidence obtained AFTER you withdraw the consent cannot be used in court.

 

#2. You have the RIGHT to be with the cop while he searches your car. If you consent to a search, and he tells you to sit on the curb, then withdraw your consent to search, regardless of what the officer tells you.

 

As for the above statement......I disagree. I can barely count on both hands the number of incidents I have had with police officers. Not that I was trouble, just for whatever reason the cops were there and talked to me. Not one instance did I even FEEL as if they were "out to get me".

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