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DJNEB

Shotgun with a Pistol grip

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I'll testify for a fee. Hell, I know most of the CCPO investigators.

 

Although, it'll never make it that far.

 

 

THIS.. and honestly if it DID make it that far it would be an AWESOME case to shoot down the assault weapons ban! look the police can't even figure out the law... its that confusing.. how can you fairly enforce such a confusing arbitrary law..

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I would seriously consider getting a lawyer ASAP. This is not the time to cheap out - the potential for lost wages if you face a conviction will greatly exceed the cost of an attorney.

 

Just because the cops say you violated the AWB, doesn't mean the DA isn't going to try to hit you with something else. Remember, Brian Aitken was sentenced to 7 years in prison for having legally possessed firearms locked in his trunk - we're not dealing with rational legislation here.

 

I know hindsight is always 20/20, but in the future, don't leave anything in plain view that can give an LEO probable cause. And if they ask you if you have a gun, you do NOT have to answer them. Ignore the question, change the subject, or straight up claim the 5th (just don't lie) - NEVER, EVER admit to having a gun in your car or on your person. Refusing to answer their questions is your right and not probable cause for a search. Just give them your documents and ask for your ticket. Of course always refuse to consent to any searches, regardless of what they claim. Even if they say they have probable cause to search your vehicle, you'll at least have grounds for an illegal search claim.

 

In this type of situation, the police are NEVER your friend - their job is to enforce the law and put you in jail. Always keep your mouth shut and refuse any searches. The 4th and 5th Amendments are there to protect you, don't freely piss them away.

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This ignorance by the police is amazing, even more so considering what they get paid, remember folks, this was more than one cop, and possibly a supervisor, lets face it, they are hunting when they are out and about, and they had to come back with some kind of trophy, but the level of gun ignorance, should they be allowed to own guns?

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sue the living shyt out of them. wrongful arrest, wrongful seizure, anything. dont let it go, dont be of the mindset "i just want it over and done with". make them pay. call the papers, news, etc. get this out in the public, let them know the ones who are supposedly upholding the law do NOT understand the very laws they were sworn to uphold. ive barely worked in 2 years, but i for one will donate to a legal fund if you need.

 

call the NRA. tell them the story, see if they can get you a lawyer, publicity, etc. worst they can do is say no. everyone needs to understand that NJ is nothing more then a police state, pure communism with the public not having a leg to stand on whatsoever, and this case is a prime example.

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Did the shotgun meet the minimum TOTAL length requirements after the pistol grip was installed? Also, he was transporting the gun to his friends shop... someone correct me if I am wrong but I don't believe that falls under one of the exemptions?

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Did the shotgun meet the minimum TOTAL length requirements after the pistol grip was installed? Also, he was transporting the gun to his friends shop... someone correct me if I am wrong but I don't believe that falls under one of the exemptions?

 

Transporting requirements as you are referring to them apply to handguns. You can drive around all of NJ with a long gun in your possession legally. (Especially if you have a hunting license).

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Did the shotgun meet the minimum TOTAL length requirements after the pistol grip was installed? Also, he was transporting the gun to his friends shop... someone correct me if I am wrong but I don't believe that falls under one of the exemptions?

 

Yes, shotgun has to be 26+ with 18" barrel. The action and grip are 8+ inches.

 

No exemption needed. He had his FPID on him.

 

ETA: Damn, beat me to it.

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Did the shotgun meet the minimum TOTAL length requirements after the pistol grip was installed? Also, he was transporting the gun to his friends shop... someone correct me if I am wrong but I don't believe that falls under one of the exemptions?

Mossy Persuader with the PG installed with the 18.5" barrel (legal length) is 28.75" long (legal length).

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Did the shotgun meet the minimum TOTAL length requirements after the pistol grip was installed?

if I'm not mistaken, that total minimum requirements is a federal guideline adapted by NJ. That's the reason mossberg was able to manufacture and sell the JIC throughout the country.

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With all this "Get an attorney" or "Represent yourself" going on, what we have failed to touch on is the arrest record that was generated. I'm sure that at some point, someone will come to their senses and realize a monumental mistake has been made and the charges will be dropped. The problem is that even after the charges are dropped, the arrest record still exists - that needs to go away too. I have to land on the side of hire an attorney and make sure everything goes away. Some employment forms ask you, "Have you ever been arrested?" - not convicted, just arrested. I wish him nothing but good luck with this case - but remember, sometimes luck is what you make it - get a lawyer.

 

Adios,

 

Pizza Bob

 

 

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Hello,

 

I am a friend of the OP and I totally agree that this is 100% total bs. I am going to do everything in my power to make sure that he gets out of this mess and that everyone hears about this. All this shows is how incompetent police and lawmakers are. I mean, it took 9+ cops and their supervisor to decide they want to try and destroy a persons life because they THINK (cause the obviously didnt know the laws they were enforcing and seems to me like they guessed. Their conversation probably went like this: Officer Jimbo "Does this look illegal to you Bob?" Officer Bob "Hmm well yea it kinda does, but I dunno let me call the boss" Officer Boss "Hmm....well I dunno, but my guess would be...yes" ) he owns an illegal gun? Shouldn't they be out trying to stop real criminals instead wasting taxpayer money on their gross incompetence? If you can't tell I'm alittle heated over the whole situation.

 

In a best case scenario the charges are dropped and any criminal record erased. CHPD completely and utterly humiliated and embarrassed. Public knowledge of this incident is wide spread.

 

Worst case, he is charged...oh and I swear to god I am going to do my best to raise hell if this happens. I unfortunately dont know what I would do yet but I have more then enough information at my finger tips to figure out how to get something done and by the time it goes down I will be well prepared.

 

I have read thru this thread in its entirety and I am very glad to see you guys are behind my friend. Any help you can provide is very greatly appreciated. I wont let my friends life get ruined because he is wrongfully charged by a bunch of dumb f**ks with badges. If you guys have any information about media outlets I could contact that would be very helpful and I thank you in advance. Sorry if I sound mad in this reply...but I am.

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I recently purchased a mossberg 500 persuader shotgun with a buttstock attached, and pistol grip assembly included in the box, legally, in the state of NJ where I live. I was told from the owners that a pump action shotgun with a pistol grip was 100% legal in NJ. I changed the stock to a pistol grip, and was taking it home with me. I was stopped by police, and had the gun confiscated and now have to appear in court as they say it is considered to be an assault firearm. Can anyone supply me with any reputable sites stating laws for pistol grip shotguns? Thank you very much.

 

 

Sorry about that, but you committed no crime. If it was an AW you would be in jail. That charge will be overturned with a reading of the law.

Then you need to file a motion to get your property back.

Good luck, fight the system and dont stop.

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Let's not start another Brian Aitken rally until everyone knows all the facts.

Ooh the voice of reason! :icon_e_biggrin:

Too bad you're not at liberty to discuss the details, but that little piece of advice is greatly appreciated. ;)

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Just saw this thread and I am absolutely floored by the incompetence of the police in this situation. How many cops did it take to screw you over???

 

Call the media.

 

Sue everybody.

 

Scream this from the heavens.

 

 

there are 3 sides to every story.. the 1st parties version.. the 2nd parties version.. and then the truth..

 

At this moment we have 1/3 of the story.. I for one will not support this "cause" till I have the other 1/3 of the story.... while the charge itself appears wrong.. There certainly could be more to the story than we know.. In fact ALL we actually know.. is some guy we don't know nor have ever even met says he was innocent and claims that he was wrongly accused...He may very well have been? But we really don't know till all the details come out.. this "incident" may not have even happened.. we literally have no idea..

 

for example.. with Brian...

 

FIRST I heard all the fire.. and people were EXPLOSIVE.. all I heard was "man legally transporting handguns gets arrested.." no mention of high cap mags.. no mention of not going to or from place noted as acceptable by NJ law.. then the info starts rolling in.. and people are like "oh well yeah he wasn't REALLY transporting as allowed by NJ law.... but they were STILL WRONG to arrest!" umm ok.. so yeah.. I am with you.. it is still a little excessive.. and then even more info rolls out.. turns out not only was he not going to a range, gunsmith, etc.. but he had high capacity magazines... boy we all felt a little stupid didn't we? well even if you didn't I did.. gun rights are important.. but they only apply to law abiding citizens.. and he BROKE THE LAW.. clear as day..

 

while I have NO actual info on THIS case.. I am willing to go out on a limb here and say there may end up being more substantial information that surfaces... and with that in mind.. maybe we shouldn't make the protest signs just yet..

 

 

EDIT: sorry didn't see all the similar replies.. I guess I had to refresh the page.. sorry for being late to the party.. LOL

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Given we absolutely need to know ALL of the details of the situation and not just a 19 year old's version of the story, however if the basic facts remain untouched, that he was charged with having an assault weapon for a pistol-gripped pump shotgun (like the one I have in my closet right now) then I stick by my original statement.

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Interestingly enough...if you google cherry hill nj pistol grip shotgun or a whole lot of other topics with NJ in them, they come right back here.

 

This probably explains the out of staters that seem to be popping in lately.

 

I was just googling to see if there was a Cherry Hill police blotter that might have a nugget or two.

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