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evan nappen and brian aitken on tv sat. night

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Convicted and charged are two different animals. Yes it does happen. I have first hand knowledge.

 

I waas a LEO for over 30 years and I can assure you I know the difference between charged and convicted. An arrest without a conviction is BS. Would you care to share your experience?

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Convicted and charged are two different animals. Yes it does happen. I have first hand knowledge.

 

I waas a LEO for over 30 years and I can assure you I know the difference between charged and convicted. An arrest without a conviction is BS. Would you care to share your experience?

 

"An arrest without a conviction is BS?"

 

So you have a 100% conviction rate. I bow to you.

 

:icon_redface:

 

Dirtbag drug dealer that ditched the goods, but forgot the HP in his pocket. No conviction, but he paid in other ways.

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Side note. I found the .22 cartridge in my pocket at work the next day. Chucked it into the garbage. Am I now a felon?

And a hazardous waste polluter.

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So you have a 100% conviction rate. I bow to you

 

Actually lost two cases. One was I had the 12 bumpkins on the jury and the other the guy had his friend take the rap. That is included in BS. There were also two tickets I wrote when I was a municipal police officer where I realized I had made a mistake, called the people and told them to come to court so the judge could dismiss the charge. I had to do it this way because if I just tried to void the ticket administratively the captain would have told me "just let the guy pay it". There were also cases that were pled down but that's something you don't have control over.

 

No not 100% but better than 99.9% whether or not you count the two tickets I mentioned.

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I tried to use Nappen for a VERY important personal issue regarding firearms. Took him almost a week to get back to me. By then I had engaged Gary Needleman and my was deposition already done...

 

+1 for Gary!

 

Gary's partner Frank Pisano is also A+++

Nappen is a salesman. Straight up. Aitken is not our posterboy. I have had questions since his 'plight' began, but was happy to scream to let him go as the sentence seemed crazy and could NOT set a precedent. If that happened, we would be a pretty nervous bunch in NJ when it comes to handguns. Long guns, thankfully are more liberally treated.

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Can someone point out a case or two where someone was convicted of possession of that one hollowpoint in the past 10 years without being charged with any other violation? I have asked this several times in the past but no one seems to be able to show any such arrest happening. Yes it is illegal but it just doesn't happen.

 

I can't but I have a story for you. My understanding is an EMT from Lehigh Valley responded to an accident across the river a few years ago and was busted because of hollowpoints (no gun) performing his official duties with his personally owned vehicle and went to jail.

 

Should you believe this? Up to you. I believe it, but I never saw first hand proof. Let me see if I can get some details from the source and track it down.

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And the colonists dumping tea into Boston Harbor broke the law also........Just sayin'

 

Are we even going to compare Aiken to patriots?

 

The patriots were fighting tyranny. Aiken got caught, got throw in jail, and his first and only priority was to get himself out. The NJ2AS rally was turned down because the family wanted this to be about Brian, not about Gun Rights.... just sayin.

 

The patriots were standing up... Brian just got caught.

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the board of NJ2AS has seen the evidence and the tapes from the trial.

 

Convicted on Hollow Points, convicted on high cap, convicted on handguns.

 

There was never any doubt if Brian broke the law... Absolutely he did. What the issue for us was, the 7 years mandatory sentence due to a stupid law on the books, that applies min punishment for everyone, gang bangers robbing people at gunpoint, and first time ignorant offenders who did not know, or did not want to know.

 

Those are the pure facts. Perhaps there should of been more clarity on it. Personally, I feel Brian served his 2 years that he owed... for the hollow points/high caps. Ignorance is not an excuse.

 

And this is not even addressing the rumors of exactly how long Brian has been living in NJ before this happened. :icon_rolleyes:

 

Furthermore, no one truly knows why his mom called the cops, or why he is in his marital position as he is.

 

Nappen is an absolutely amazing marketer. As far as his skills, lets ask the folks from NH where he also practices... ooh, and correct me if I am wrong, he did not even argue most of the trial.

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There was never any doubt if Brian broke the law... Absolutely he did. What the issue for us was, the 7 years mandatory sentence

 

I think many in our community got over enthusiastic in defending him and exaggerated the injustice by claiming he broke no law at all. Unfortunately when you exaggerate, bend the truth just a bit, and make overzealous arguments you lose credibility with reasonable people who disagree with you but still have an open mind.

 

Clearly he broke several laws. The issue is that the laws themselves are confusing, overly punitive, and the 7 year sentence was outrageously imposed by a judge with a point to prove.

 

I've said this before - NJ gun laws are bad enough without having to exaggerate, ignore facts or make up stories. The Aitken case is a good example to use when trying to make this point, but if you start exaggerating you lose credibility and your argument goes nowhere.

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The Aitken issue should be a lesson to the entire community. As anxious as we are to see an end to capricious and confusing gun laws, and as enthusiastic as we are to point out injustices being perpetrated in the name of those very laws, we have to be very, very careful about which wagons we hitch our horses to.

 

Thanks to our opposition, and the media, and our misguided legislature we have little enough credibility as it is. Jumping blindly into the deep end of the pool just to discover too late that it's empty will (and has) cost us dearly in public credibility and political capital. Moving forward, we need to be certain of the legitimacy of any cause we support, and we need to have some confidence that the support of that cause will benefit not only the shooting community (which frankly, nobody on the outside really gives a crap about), but the entire community of pro-freedom, pro-rights people in this state.

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It appears they focused on the possession of a handgun charge exclusively in the interview. Thats the whopper charge in the case. If the argument was that he was under the "while moving" exemption for the handguns, then the hollow points would be covered under the same exemptions (2C:39-6).

 

The magazines would be the only thing left to deal with. This is a 4th degree crime with max sentence of 18 months. Still a felony, ranks in there with possession of marijuana, probably is usually probation/fine, etc.

 

The deeper story here is where do you draw the line between regulations and 2A rights. For instance, a state could enact an any carry law without permits, but then proceed to make illegal all detachable magazines, and limit fixed capacity to 1 round. The state could argue they are not infringing on 2A rights by allowing non-prohibited persons from owning and carrying guns.

 

To some degree this is how NJ has been slipping by all these years of 2A ambiguity in claiming they do not infringe on 2A, and that they do have a carry permit system. They are trying to use these same old tired arguments, and they will now loose after Heller and McDonald.

 

We are not seeing civil disobedience taking place like the country experienced during the civil right's movement. Instead we are experiencing these cases unintentionally via snagging people with ridiculous gun regulations in states like NJ and NY.

 

2 recent examples are Aitken with his sentence being commuted by Christie, and Ryan in NY with the jury nullification declaring him innocent. These things don't just happen without good reasons. The reason being NJ and NY gun regulations need to be re-hashed with 2A rights in mind. Just like the laws were changed to adhere to civil rights in the past.

 

People say "its the law,etc, and he is guilty". But does anyone really believe these guys are hardened criminals that made and active decision to cast to the wind NJ and NY laws? I highly doubt it. These guys have no prior records, no indications they were looking for trouble. I am very confident that a majority of folks in this forum at one time or another has broken a NJ gun law during their gun owning lifetime whether they know it or not. If you got prosecuted for handing your friend a gun in your own home to check out, had a hollow point bullet left in a bag in your car, was able to jam just one more round into a magazine that is supposed to be 15 rounds, stopped for lunch and picked up a friend on the way to the pistol range, ... would you like people on this forum screaming "you broke the law, go to jail".

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People say "its the law,etc, and he is guilty". But does anyone really believe these guys are hardened criminals ... would you like people on this forum screaming "you broke the law, go to jail".

Dan, nobody here is screaming to lynch the guy. At the same time we need to be truthful about the facts. He obviously broke the law but no reasonable person would think he deserved anything more than a ticket or misdemeanor.

 

Not even those gun control people who favor "reasonable regulation," would believe a technicality like this should a 2nd degree felony. So instead of clamoring "totally innocent man railroaded for owning legal guns," lets keep it on point - "our laws are so badly written that a man with no bad intentions gets 7 years for minor technical violations."

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Dan, nobody here is screaming to lynch the guy. At the same time we need to be truthful about the facts. He obviously broke the law but no reasonable person would think he deserved anything more than a ticket or misdemeanor.

 

Not even those gun control people who favor "reasonable regulation," would believe a technicality like this should a 2nd degree felony. So instead of clamoring "totally innocent man railroaded for owning legal guns," lets keep it on point - "our laws are so badly written that a man with no bad intentions gets 7 years for minor technical violations."

 

I'm all for the truth. I simply want to make sure that the thought process doesn't stop at "he broke xyz law, so he's discredited as an example for for pro-2A rights". Personally I only see the high cap mags an issue here, shame on him. Otherwise, ee was not allowed to use the moving exemption for possession of the handgun and hollow points. I know there are arguments around if he went directly to and from, etc etc but that is for a jury to decide, and they didn't even get a chance to.

 

True that it seems the media's habit of sensationalizing things have massaged the picture a bit. As usual when it comes to the media, you take both side's exaggerated and polarized stories, weigh them in, then somewhere in the middle is the deeper truth and issues at hand.

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So instead of clamoring "totally innocent man railroaded for owning legal guns," lets keep it on point - "our laws are so badly written that a man with no bad intentions gets 7 years for minor technical violations."

Very good point, and this is what we should be focusing on. We NEVER said that the guy should be hanged, but let's get real here......he DID break the law. Break the law, get caught by police, you will NOT get off on a ticket, simple as that.

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