intercooler 41 Posted December 20, 2010 http://www.nj.com/news/index.ssf/2010/12/gov_chris_christie_commutes_se.html Brian Aitken, who was convicted of illegally possessing two handguns that he had legally purchased in California, 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. Aitken, who had recently moved from Colorado where he bought the guns, had not yet registered the firearms in New Jersey. Because the guns were not registered, Aitken faced felony charges the same as if he had used the guns to commit a crime. Supporters of Aitken began a "Free Brian Aitken" Facebook campaign to get his sentence commuted. Quote Share this post Link to post Share on other sites
matty 810 Posted December 20, 2010 Well, that's good, about the best that could be expected. He will have his work cut out for him trying to get that conviction overturned, especially, if as has been posted on the intertubes, he had 16 rd vice 15 rd mags. At least he is home. Mom had better make him a nice dinner, after all that! Quote Share this post Link to post Share on other sites
Downr@nge 22 Posted December 20, 2010 Congratulations Brian Aitken and thanks Gov. Christie! Quote Share this post Link to post Share on other sites
Maksim 1,504 Posted December 20, 2010 thanks to all the groups that stood up for him before his fam got involved. Quote Share this post Link to post Share on other sites
NJ609 22 Posted December 20, 2010 I'm sure this is the best Xmas present him and his family have ever received! Quote Share this post Link to post Share on other sites
joejaxx 38 Posted December 20, 2010 http://www.nj.com/news/index.ssf/2010/12/gov_chris_christie_commutes_se.html Brian Aitken, who was convicted of illegally possessing two handguns that he had legally purchased in California, 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. Aitken, who had recently moved from Colorado where he bought the guns, had not yet registered the firearms in New Jersey. Because the guns were not registered, Aitken faced felony charges the same as if he had used the guns to commit a crime. Supporters of Aitken began a "Free Brian Aitken" Facebook campaign to get his sentence commuted. Someone SERIOUSLY needs to fix this article. Registration is COMPLETELY VOLUNTARY if you already own them and are not purchasing handguns in New Jersey! Quote Share this post Link to post Share on other sites
joejaxx 38 Posted December 20, 2010 *this was a double post of the above post* Quote Share this post Link to post Share on other sites
joejaxx 38 Posted December 20, 2010 Ok good they fixed it. *Whew* Quote Share this post Link to post Share on other sites
ianargent 7 Posted December 20, 2010 One interesting thing - by commuting the sentence, the Governor leaves the appeal "live" (at least, if Brian Aitken wishes to not be a felon). Not that I think that aspect was deliberate... Wonder if the appeal will continue now that he's out of jail. Quote Share this post Link to post Share on other sites
PK90 3,570 Posted December 20, 2010 Has his possession rights to firearm been taken away? Quote Share this post Link to post Share on other sites
e80hydro 120 Posted December 20, 2010 Now the authorities should round up that POS judge that handled his trial and make him finish out Aitkens sentence. Quote Share this post Link to post Share on other sites
vjf915 456 Posted December 21, 2010 Has his possession rights to firearm been taken away? I would hope not. If ALL charges were dropped, that would be too easy of a case for him to argue that if he was SO innocent that Christie pardoned him, he was OBVIOUSLY innocent, and everything should be expunged from his record. Congratulations to him and his family. Quote Share this post Link to post Share on other sites
djg0770 481 Posted December 21, 2010 Christie: "Make those 2nd amendment people go away and you will be home for Christmas" Aitken and family: "Done." Quote Share this post Link to post Share on other sites
djg0770 481 Posted December 21, 2010 I would hope not. If ALL charges were dropped, that would be too easy of a case for him to argue that if he was SO innocent that Christie pardoned him, he was OBVIOUSLY innocent, and everything should be expunged from his record. Congratulations to him and his family. Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime itself. The act of clemency is a reprieve. Today, pardons and reprieves are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society, or are otherwise deserving (in the opinion of the pardoning official) of a pardon or reprieve. Quote Share this post Link to post Share on other sites
Krdshrk 3,877 Posted December 21, 2010 I'm glad he's out. Let's keep the ball rolling! Quote Share this post Link to post Share on other sites
Bob B 103 Posted December 21, 2010 Congratulations Brian! Enjoy your Christmas with your family. Quote Share this post Link to post Share on other sites
Bob B 103 Posted December 21, 2010 Order is attached, or read it here: http://njgunforums.com/forum/index.php?app=members&module=messaging§ion=send&do=replyForm&topicID=52776 commutation(2).pdf (Click "view" to rotate) Quote Share this post Link to post Share on other sites
Krdshrk 3,877 Posted December 21, 2010 Hmm. looks like it was for Hollow points and a large capacity mag.... Quote Share this post Link to post Share on other sites
Maksim 1,504 Posted December 21, 2010 and possession, all 3 charges. Congrats to Brian and his family for getting Brian back. Congrats to Frank for the Christmas story. Quote Share this post Link to post Share on other sites
crackaloon 15 Posted December 21, 2010 I got the email mere moments ago...good for him, even if there is a spelling error in the email. Office of the Governor Office of Constituent Relations Post Office Box 001 Trenton, New Jersey 08625-0001 GOVERNOR CHRIS CHRISTIE ELECTRONIC RESPONSE Please see below the signed commutation order for Brian Aitken, signed by Governor Christie at 4:30 pm today. ORDER FOR COMMUTATION OF SENTENCE WHEREAS, Brian D. Aitken was convicted of Possession of Dum-Dum Bullets in the Fourth Degree in violation of N.J.S.A 2C:39-3(f)(l), Possession of Large Capacity Ammunition Magazine in the Fourth Degree in violation of N.J.S.A 2C:39-3(j), and Unlawful Possession of a Handgun in the Second Degree in violation of N.J.S.A 2C:39-5(B) in the Superior Court, Law Division (Criminal), Burlington County, New Jersey, and was sentenced on August 27, 2010 under Indictment No. 09-03-00217-1 to a seven-year term of imprisonment with a three-year mandatory minimum; and WHEREAS, the said Brian D. Aitken, caused to be made a written application to the Governor for a Commutation of Sentence for the aforesaid crimes of which he was convicted, and the State Parole Board, upon request of the Governor in accordance with the law, has made an investigation of the facts and circumstances concerning said application for a Commutation of Sentence; NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New Jersey by virtue of the authority conferred upon me by the Constitution of New Jersey and the statutes of this State, do hereby grant to the said Brian D. Aitken, a commutation of the aforesaid sentence to time sewed, and satisfied on December 20,2010. IT IS FURTHER ORDERED, that Brian D. Aitken's release from the custody of the New Jersey Department of Corrections be effected as soon as administratively possible, or within a reasonable period to allow for release processing pursuant to customary policy and procedure. , This Order is subject to revocation at any time, at the discretion of the Governor, without notice. Privacy Notice: This e-mail address, e-mail message, and any attachment to this email message contains information that is privileged and confidential from the State of New Jersey, Office of the Governor. Quote Share this post Link to post Share on other sites
JackDaWack 2,895 Posted December 21, 2010 I believe he is considered a felon, no pardon, time served, he no longer has a right to own a firearm. I can only wonder if they based this action on the premise that they dis-involved the pro-gun lobbies. Either way it is in my opinion no one did this out of the goodness of there hearts. Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted December 21, 2010 They updated the article. RENTON -- 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 two handguns and ammunition — the guns were unloaded — after state police 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 police. Aitken, who had recently moved from Colorado where he bought the guns, faced felony charges the same as if he had used the guns to commit a crime. Supporters of Aitken began a "Free Brian Aitken" Facebook campaign to get his sentence commuted. Editor's note: An earlier version of this story incorrectly referenced New Jersey gun laws and misidentified the state where Aitken had legally purchased the guns. Quote Share this post Link to post Share on other sites
vladtepes 1,060 Posted December 21, 2010 I would hope not. If ALL charges were dropped, that would be too easy of a case for him to argue that if he was SO innocent that Christie pardoned him, he was OBVIOUSLY innocent, and everything should be expunged from his record. Congratulations to him and his family. he had high cap mags that are illegal in NJ.. why would he get a free ride... he didn't deserve 7 years.. that was absurd... and he is out now.. as he should be.. but why oh why would he get a completely clear record, he still broke the law and was caught doing it.. not trying to be an asshole.. just being a realist.. 1 Quote Share this post Link to post Share on other sites
Maksim 1,504 Posted December 21, 2010 +1 agree with you. As stupid as the law is, he did break it. i think christie did the right thing to commute the sentence to time served. Quote Share this post Link to post Share on other sites
Frank Jack Fiamingo 58 Posted December 21, 2010 It just proves that we *CAN* get things done in New Jersey. Let's keep that in mind as we move forward. There is a LOT of work to be done. Brian's release is a *WONDERFUL* Christmas present for ALL freedom-loving patriots. Everyone should enjoy the Christmas holiday, and then get ready to get things done. "NOW IS THE TIME!!!" This PROVES it! 2 Quote Share this post Link to post Share on other sites
vjf915 456 Posted December 21, 2010 not trying to be an asshole.. Too late I wasn't aware that there was such a thing as commuting the sentence. I swear I learn something new everyday on this site. Quote Share this post Link to post Share on other sites
Bob B 103 Posted December 21, 2010 http://trentonian.co...wmode=fullstory Burlco gun lover wins commutation of seven-year prison term from governor Published: Monday, December 20, 2010 Staff Report Gov. Chris Christie has just commuted to time served the seven-year prison term issued last month to a Burlington County man for possession of a handgun and cop-killer bullets. As a result, Brian Aitken, 27, of Mount Laurel, should be home in time for Christmas, as he and his family have been hoping for since the suspect was convicted and wrote a letter to Christie claiming injustice. The governor said he and the New Jersey Parole Board looked into the situation and decided Aitken’s sentence should be commuted after serving only weeks of the seven years he got from the judge. In appealing for the commutation, Aitken lawyers argued that the former Lenape High School wrestler wasn’t told about the exceptions to the weapons-possession law he was convicted of violating. He was sentenced on Aug. 27. In November talks The Trentonian, Aitken and his lawyer said he should have been told there’s a exception to the gun possession law for transporting weapons from one home to a new one. After he was convicted, Aitken told authorities that when caught by police he was moving the guns to a new house after getting into a flap with his mother at her home. A spokesman for the Burlington County prosecutor said investigators found out he had moved the guns into Jersey from Colorado months before his bust. But Aitken argued that he had loaded the guns into his car again to move to another place after the blowup with his mother earlier this year. Whatever the circumstances, however, the governor agreed to release Aitkin, telling him in the commutation order that he is subject to a revocation of his release at any time at the discretion of the governor. Quote Share this post Link to post Share on other sites
Cemeterys Gun Blob 165 Posted December 21, 2010 Well the smear campaign is running full tilt. Referring to Aitken as a *gun lover* who possessed *cop-killer bullets*. http://www.trentonian.com/articles/2010/12/20/news/doc4d0fe0db0920f268297516.txt *sigh* Quote Share this post Link to post Share on other sites
Frank Jack Fiamingo 58 Posted December 21, 2010 he had high cap mags that are illegal in NJ.. why would he get a free ride... he didn't deserve 7 years.. that was absurd... and he is out now.. as he should be.. but why oh why would he get a completely clear record, he still broke the law and was caught doing it.. not trying to be an asshole.. just being a realist.. Well, now we can concentrate on repealing laws that don't make any sense. How many bullets in a magazine are TOO many??? In the hands of a law-abiding citizen, it doesn't matter. In the hands of a criminal ONE is too many. Hollow point bullets should not be treated any differently than any other ammunition. If used for self-defense, it shouldn't matter WHAT you propel into or through your attacker. We have to stop thinking in terms of THEIR definition of what's "legal", and start thinking in terms of what is "right". 1 Quote Share this post Link to post Share on other sites