Shane45 807 Posted February 22, 2011 Maybe they Aikened him. Shut up and it will go away....... Quote Share this post Link to post Share on other sites
Babaganoosh 192 Posted February 22, 2011 I'm thinking it was fake, he's locked up, or it's better for him not to talk about it publicly. An update would be nice though. I hate not knowing the status of things like this. Quote Share this post Link to post Share on other sites
vladtepes 1,060 Posted February 22, 2011 could be anything.. could be dropped charges.. or he could have been a complete and total liar and made the whole thing up.. or maybe even just a guy who changed the story around a little to make himself feel better about something he did wrong.. at any rate I am sure when info is actually available we will hear of it.. either a court case.. maybe someone who knows LEO in that area will hear something.. I will hold my opinion till all is out in the open.. but I think if the story unfolded as described this thing would have a lot more steam by now.. but one can only speculate.. 1 Quote Share this post Link to post Share on other sites
DJNEB2 0 Posted February 23, 2011 it is me, i forgot my login account information and when i try to get my login details emailed to me, i never get them. so i made a new account just now. sorry for the lack of updates, but nothing has changed since last posting. i have this linked to my email so i can get notified when activity is done in this thread so i have still been keeping up to date. i went to my scheduled court appearance on feb 4th and the prosecutor failed to show, and i was told that the case would either be rescheduled or dismissed - and i have yet to hear anything about either of those. i got ahold of the discovery and several thing on there were blown out of proportion. the officer said he found the stock in the center console, which it was not. he also said i had no reason to be in the area which i did. and he also said i "brought it to show my friends" when i ACTUALLY said i brought it so my friend who owns a shop can look at it to SEE if he has the right tools. but i guess its my word against his so im screwed in that matter. i am just waiting to hear back about anything at this point. i honestly did not have an assault weapon and the fact that everyone who knows anything about guns in NJ knows that EXCEPT cherry hill upsets me.. and i saw the several posts about saying i am making this situation up and if that is how you feel, please do not voice your thoughts as they do not help. i wish i made this situation up, as it is a very serious offense for which i was wrongly accused and arrested for. when i hear more i will let you know. thank you for all your help. Quote Share this post Link to post Share on other sites
mikeyboyeee 66 Posted February 23, 2011 If the prosecutor did not show up, you should have moved to have the case dismissed right then and there due to you not being afforded a trial in a speedy manor. Get yourslef a lawyer NOW. Quote Share this post Link to post Share on other sites
vladtepes 1,060 Posted February 23, 2011 it is me, i forgot my login account information and when i try to get my login details emailed to me, i never get them. so i made a new account just now. sorry for the lack of updates, but nothing has changed since last posting. i have this linked to my email so i can get notified when activity is done in this thread so i have still been keeping up to date. i went to my scheduled court appearance on feb 4th and the prosecutor failed to show, and i was told that the case would either be rescheduled or dismissed - and i have yet to hear anything about either of those. i got ahold of the discovery and several thing on there were blown out of proportion. the officer said he found the stock in the center console, which it was not. he also said i had no reason to be in the area which i did. and he also said i "brought it to show my friends" when i ACTUALLY said i brought it so my friend who owns a shop can look at it to SEE if he has the right tools. but i guess its my word against his so im screwed in that matter. i am just waiting to hear back about anything at this point. i honestly did not have an assault weapon and the fact that everyone who knows anything about guns in NJ knows that EXCEPT cherry hill upsets me.. and i saw the several posts about saying i am making this situation up and if that is how you feel, please do not voice your thoughts as they do not help. i wish i made this situation up, as it is a very serious offense for which i was wrongly accused and arrested for. when i hear more i will let you know. thank you for all your help. do you have a FID card? if so you do not have to be going directly to or from the range with a long gun.. that exception is for a handgun.. does not apply to long guns/shotguns AFAIK.. if the gun was being transported properly then no arrest is justified..... whatever the truth of the situation is you should probably seek legal council... I am sure there are facts that we are not aware of.. like I said before I do not know you so will not make any assumptions.. but there are always 3 versions.. the stories that person A and B produce.. and then the truth which is normally somewhere in the middle.. Quote Share this post Link to post Share on other sites
Zed's_Dead 16 Posted February 23, 2011 NJ right to a speedy trial means, generally, within six months. There is a four part test set out by the US Supreme Court and a court must take into account the “[l]ength of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant”before deciding if that right has been violated. If the first listing of the case came up within a few weeks of the arrest, it wouldn't be dismissed for violating defendant's right to a speedy trial, IMO, especially if the defendant had not asserted his or her rigth to a speedy trial yet. Quote Share this post Link to post Share on other sites
DJNEB 1 Posted February 23, 2011 ok everyone, i got the official word from my lawyer a few moments ago. the verdict of this whole situation is that the entire case has been officially dismissed. i am going to receive my property back as soon as i call the police station to make an appointment to pick it up, and my record is being returned to its prior state (which was clean). as of now, i have no criminal record, however my photos and fingerprints are still in the system like most other people. this is great news and i am very excited to get my mossberg back. apparently, the prosecutor admitted that there was really no case, aside the fact that a pistol grip shotgun LOOKS like it would be an assault weapon,the case was settled out of court with really no cost to me. im curious to see what the cops are like when i go to pick it up. i hope they have their tails between their legs. thank you everyone for all the things you have offered me and the advice and assistance you gave. i truly appreciate it. bottom line - pistol grip shotguns are much more hassle than they are worth haha. Quote Share this post Link to post Share on other sites
hiker88 22 Posted February 23, 2011 Glad to hear that the case is dismissed. Now, go to the range and enjoy the sport! Quote Share this post Link to post Share on other sites
Pizza Bob 1,488 Posted February 23, 2011 Now, go to the range and enjoy the sport! No, go to a lawyer and file a civil suit, then go shooting. JMHO. 1 Quote Share this post Link to post Share on other sites
hiker88 22 Posted February 23, 2011 No, go to a lawyer and file a civil suit, then go shooting. JMHO. +1 Quote Share this post Link to post Share on other sites
PK90 3,573 Posted February 23, 2011 No, go to a lawyer and file a civil suit, then go shooting. JMHO. +1 Quote Share this post Link to post Share on other sites
BCeagle 12 Posted February 23, 2011 shotgun LOOKS like it would be an assault weapon What a crappy story and crappy excuse. They wonder why there is a backlash against PD lately. I always thougth gun owner were the police's biggest backers and now I see them as just someone else trying to destroy our rights. Quote Share this post Link to post Share on other sites
EchoMirage 137 Posted February 23, 2011 shotgun LOOKS like it would be an assault weapon What a crappy story and crappy excuse. They wonder why there is a backlash against PD lately. I always thougth gun owner were the police's biggest backers and now I see them as just someone else trying to destroy our rights. 90% of cops are completely ignorant of the laws they are sworn to uphold. ask 10 different cops about hollowpoints and youll get 10 different answers, none of them right. OP: sue the living shyt out of them. make them pay. call the papers, news, anyone who will listen. let it be public knowledge that the cops are severely ignorant of the law, to the point of wrongfully arresting, search and seizure. you were dragged through the mud, and now have records of you in their database, for absolutely no reason. dont just give in and say 'im glad its over.' they wrongfully and happily fycked you over, and were 100% wrong. dont let them get away with it, with nothing more then a 'my bad.' 1 Quote Share this post Link to post Share on other sites
Dan 177 Posted February 23, 2011 I would look into having any record of the arrest expunged/wiped. "clean record" could mean different things. Ask your lawyer about it. Make sure there is NO record whatsoever of the arrest, etc. 1 Quote Share this post Link to post Share on other sites
Krdshrk 3,878 Posted February 24, 2011 Congrats - must feel nice to be free and clear. Quote Share this post Link to post Share on other sites
robot_hell 72 Posted February 24, 2011 I agree with Pizza Bob. How much stress, money and time did it cost you just because someone thought your shotgun looked a litle scary? Give them hell. Quote Share this post Link to post Share on other sites
Zed's_Dead 16 Posted February 24, 2011 I'm glad to hear that. There are two main parts to any successful civil suit: liability and damages. If you have one without the other, it's very difficult to get a good outcome. My partner does civil trial work...if you want to talk to someone about a potential suit, DJ, shoot me a pm. Ed Quote Share this post Link to post Share on other sites
Zed's_Dead 16 Posted February 24, 2011 I would look into having any record of the arrest expunged/wiped. "clean record" could mean different things. Ask your lawyer about it. Make sure there is NO record whatsoever of the arrest, etc. That's a good idea. I believe when a case is dismissed you can get the charges expunged immediately. The only complication would be if there were prior convictions. Quote Share this post Link to post Share on other sites
guyfawkes 0 Posted February 24, 2011 do you have a FID card? if so you do not have to be going directly to or from the range with a long gun.. that exception is for a handgun.. does not apply to long guns/shotguns AFAIK.. if the gun was being transported properly then no arrest is justified..... So is it only handguns that must be transported to the range and back, and not all firearms? I came upon this thread when I found this forum, which I discovered when doing a google search on NJ gun laws. I found my way here after I read about the Brian Aitken case and I wanted to learn more about your laws. I previously lived in NYC where I owned licensed handguns and longarms and now live in TX. I've driven through NJ a few times and stayed there a few times. I think for the most part it is a beautiful state with great people where I would feel very at home living there, much more so than being a NYer living in TX--if it wasn't for NJ's firearm laws and and property taxes. My perspective as someone who does not live in NJ after reading through this forum is that the laws are not only strict but also very confusing, and that many of the police are quite confused about them. In fact, of all the states I am familiar with, your state's laws seem to be the most perplexing and frightening because it seems that you can find yourself getting in trouble without breaking any laws as in the case of the original poster in this thread. Anyway, I think this is a great forum and may have some general questions about your laws. Quote Share this post Link to post Share on other sites
DJNEB 1 Posted February 24, 2011 as previously stated, the lawyer did not say my record would be "cleaned" but that this issue would be erased from my criminal record which would leave it clean since i had no prior problems with the law before this record. apparently, this was also why i was not sent to jail upon the charge being filed but allowed to be ROR. honestly, this entire case cost me nothing (except stress). lawyers run in my family as well as coworkers and friends of my parents. So securing a lawyer had no monetary cost to me (thankfully). my lawyer suggested i drop the case since there was nothing left to fight for, since im getting the gun back (with no cost to me), having my record expunged (with no cost to me), and having the entire matter dismissed out of court (at no cost to me). obviously they realize i was right when i TOLD the police who were all snippy with me and acting superior as they usually do, that a pistol grip pump shotgun is perfectly legal. i wonder if this will changes matters on their perspective of guns now. not hearing that someone has a gun in the car and calling for 50 other police vehicles as backup. and to answer someones prior question, yes i have a fid, and i had that in my wallet when i was pulled over. Guyfawkes - nj laws are VERY confusing. and this situation shows that perfectly. we have one of the strictest in the country and i guarantee if all of a sudden there was a law passed banning all types of firearms, no one in the state of nj (except firearm owners) would fight it. if your at all interested in firearms, stay out of, go to pa. that way you could easily come to nj as you please. i think that my situation and all the others who posted in this thread would prove extremely valuable about anyone interested in buying a PG shotgun in nj. im glad it shows up in a google search. Quote Share this post Link to post Share on other sites
Pizza Bob 1,488 Posted February 24, 2011 I said it at the beginning of this whole mess and someone else said it after we learned of the resolution - make sure that the ARREST RECORD is also expunged - it is separate from a criminal record and it may pop-up and bite you on your a$$ at the most inopportune time. With this plethora of lawyers you have available, I'd make certain that it happens - not just take someone's word for it. JMHO. Adios, Pizza Bob 1 Quote Share this post Link to post Share on other sites
vladtepes 1,060 Posted February 24, 2011 it may pop-up and bite you on your a$$ at the most inopportune time. and when that happens.. 4.. 5.. 15.. years from now.. it would likely be that much more of a pain in the a** to resolve with all that time passed.. Quote Share this post Link to post Share on other sites
jonhig 0 Posted February 25, 2011 ok everyone, i got the official word from my lawyer a few moments ago. the verdict of this whole situation is that the entire case has been officially dismissed. i am going to receive my property back as soon as i call the police station to make an appointment to pick it up, and my record is being returned to its prior state (which was clean). as of now, i have no criminal record, however my photos and fingerprints are still in the system like most other people. this is great news and i am very excited to get my mossberg back. apparently, the prosecutor admitted that there was really no case, aside the fact that a pistol grip shotgun LOOKS like it would be an assault weapon,the case was settled out of court with really no cost to me. im curious to see what the cops are like when i go to pick it up. i hope they have their tails between their legs. thank you everyone for all the things you have offered me and the advice and assistance you gave. i truly appreciate it. bottom line - pistol grip shotguns are much more hassle than they are worth haha. Bro, If your prints are in the system then you have a record. Demand that CHPD contact the NJSP and have that record redacted asap. It will haunt you in the future if you don't! Quote Share this post Link to post Share on other sites
vladtepes 1,060 Posted February 25, 2011 So is it only handguns that must be transported to the range and back, and not all firearms? that is technically correct... key word being technically.. Quote Share this post Link to post Share on other sites
DJNEB 1 Posted February 25, 2011 that is technically correct... key word being technically.. just a word of advice though. even though it TECHNICALLY is correct, a cop will have no problem fining you anywhere from 5 - 500 dollars for a transportation issue regardless of what type of firearm it is. going to court is a hassle for everyone so just better to be "safe than sorry".. dont push your luck and assume the cop pulling you over shares the same assumption as you because he undoubtedly wont. another issue with my PG shotgun was that he made reference to the fact it was easily concealed since it had no stock attached. that was one problem i had when i was purchasing it, some dealers wouldnt even talk with me about it because they said the laws were too vague. others claimed i needed a handgun license to OWN one (not just purchase), and others were readily willing to sell me one. i personally think PG shotgun laws for Nj need to be cleared up EXTREMELY well.. Quote Share this post Link to post Share on other sites
djg0770 481 Posted February 25, 2011 just a word of advice though. even though it TECHNICALLY is correct, a cop will have no problem fining you anywhere from 5 - 500 dollars for a transportation issue regardless of what type of firearm it is. going to court is a hassle for everyone so just better to be "safe than sorry".. dont push your luck and assume the cop pulling you over shares the same assumption as you because he undoubtedly wont. another issue with my PG shotgun was that he made reference to the fact it was easily concealed since it had no stock attached. that was one problem i had when i was purchasing it, some dealers wouldnt even talk with me about it because they said the laws were too vague. others claimed i needed a handgun license to OWN one (not just purchase), and others were readily willing to sell me one. i personally think PG shotgun laws for Nj need to be cleared up EXTREMELY well.. Cops don't fine you. Judges do. Please - don't clarify the laws in NJ - they will just ban whatever you are trying to clarify as legal. Quote Share this post Link to post Share on other sites
vladtepes 1,060 Posted February 25, 2011 just a word of advice though. even though it TECHNICALLY is correct, a cop will have no problem fining you anywhere from 5 - 500 dollars for a transportation issue regardless of what type of firearm it is. going to court is a hassle for everyone so just better to be "safe than sorry".. dont push your luck and assume the cop pulling you over shares the same assumption as you because he undoubtedly wont. another issue with my PG shotgun was that he made reference to the fact it was easily concealed since it had no stock attached. that was one problem i had when i was purchasing it, some dealers wouldnt even talk with me about it because they said the laws were too vague. others claimed i needed a handgun license to OWN one (not just purchase), and others were readily willing to sell me one. i personally think PG shotgun laws for Nj need to be cleared up EXTREMELY well.. I will not conform to laws that do not exist.. PERIOD.. 1 Quote Share this post Link to post Share on other sites
robot_hell 72 Posted February 26, 2011 I will not conform to laws that do not exist.. PERIOD.. +1 Quote Share this post Link to post Share on other sites
DJNEB 1 Posted March 1, 2011 +1 i know you said you have contacts with CHPD - so everything is finished with this case. the only thing left is to pick up the gun from the police. however, they are not returning phone calls about how to go about getting this item returned. i have received the necessary papers from the prosecutor stating the case was officially dismissed and the gun is available for pickup, however the police refuse to return my calls about this matter. any assistance would be appreciated. Quote Share this post Link to post Share on other sites