Guy arrested in Jersey City for "Assault" weapon possession

[njpilot 671]

The NJ AWB was the law of the nation for 10 years not that long ago. I'd assume the Constitutionality of the law would have been tested years ago.

 

It has been said that the NRA didn't challenge it due to the make up of SCOTUS at the time. It has been said they will definitely challenge it with the current make up and climate, ie: Heller & McDonald.

[Greenfire2471 0]

Keith has been released!

 

[NicePants 58]

Keith has been released!

 

 

Lawsuit time?

[olderguy 0]

Received the following update today:

New Update from Roslyn... Here is the official press release from Evan Nappen and Associates:

Jersey City Man Released ROR After 30 Days in Jail for Mere Possession of Firearms in His Home;

Bail Originally Set at Unattainable $75,000.

HUDSON COUNTY, NEW JERSEY -- At approximately 10pm on Thursday night, January 24, 2013, 33-year-old Keith Pantaleon of Jersey City, New Jersey, was in the bedroom of his apartment watching television after a full days work when he heard thumping noises coming from his living room.

Believing that his residence may be being broken into, he grabbed his soft-bound Day Planner case (which also held a lawfully purchased handgun), and cracked open his bedroom door to investigate.

In the center of his living room, he saw a man dressed entirely in dark clothing who had his back towards him. He cracked open his door slightly further and saw near the entrance to his apartment a police officer, his landlord, and an EMT worker.

When the man dressed in dark clothing in the middle of his living room turned around, he saw it was another police officer.

One of the officers immediately ordered Pantaleon to come out of his bedroom. Pantaleon tossed his unopened Day Planner case onto his bed. As he went to close his bedroom door behind him, one of the officers pushed him into his living room. The officer then ordered Pantaleon to face a corner of his living room and handcuffed him. One of the officers allegedly threatened Pantaleon that if he had pulled out a firearm, he would have shot him. Officers asked if Pantaleon owned any firearms. To which, he did not reply.

As one of the officers watched Pantaleon (who remained in custody in Pantaleons living room), the other officer warrantlessly searched Pantaleons bedroom which including opening cabinets and his Day Planner case then demanded that Pantaleon provide the PIN# combination to his safe, which the officer proceeded to open and search.

After finding the handgun in Pantaleons Day Planner, the officer asked him if he possessed any more firearms. To which, Pantaleon indicated that he had a rifle on a top shelf in a box.

Officers claim that they announced their presence, yet at no time did Pantaleon hear officers announce their presence in his home. At no time during the home invasion was Pantaleon read his Miranda rights. At no time did Pantaleon grant permission for anyone to enter his apartment without his permission, no less police officers without a warrant.

On the night in question, Pantaleons upstairs neighbor allegedly complained to police about the landlord providing insufficient heat. The boiler for the apartment building is adjacent to the kitchen area of Pantaleons residence. Police apparently insisted that the landlord open Pantaleons residence on their behalf despite the extremely late hour and lack of consent by Pantaleon.

Officers then took Pantaleon to police headquarters, where, after further questioning, he was charged with unlawful possession of: two handguns, a rifle, an assault rifle, a large capacity magazine, and certain ammunition.

In New Jersey, permits to purchase firearms are not required for possession of firearms within ones home. Possession of firearms within ones residence is exempted under N.J.S. 2C:39-6e, as well as protected under the U.S. Supreme Courts rulings on the Second Amendment in D.C. v. Heller and Chicago v. McDonald, and the ruling in the recently decided New Jersey Appellate Division matter, IMO of the Application for a New Jersey Permit to Carry a Handgun by Richard Pantano, A-1682-11T1 (February 22, 2013).

Pursuant to statute at issue, the ammunition in question is legal to possess since New Jerseys ammunition prohibition only applies to handgun ammunition and the ammunition at issue is specifically designed for use in a rifle. The rifle at issue was allegedly an AR-15, one of the most commonly possessed type of rifle in America.

Pantaleon lawfully purchased his firearms as a prior resident of Pennsylvania. He also possesses permits to carry firearms from Nevada and Florida. Pantaleon has no prior criminal convictions and no mental health history. He is not accused of misusing or threatening to use any firearms. No unlawful purpose for said possessions has been alleged.

Despite the above, his bail was set at $75,000.00 cash or bond, which the 33-year-old did not have. A friend of Pantaleons, however, brought awareness of his matter on the Internet, which raised funds to hire the law firm of Evan F. Nappen, Attorney at Law PC to represent.

Louis P. Nappen, Esq. of the Nappen Law Firm immediately filed a Motion for Bail Reduction, which, after a hearing on February 27, resulted in Pantaleon being released on his own recognizance. Pantaleon had been incarcerated for over one month, since night of January 24.

Louis Nappen stated, It is apparent that police violated Mr. Pantaleons rights protecting possession of firearms within ones home, his 5th and 6th Amendment rights to remain silent and to be provided with an attorney before questioning and, most egregiously, his 4th Amendment rights against unreasonable searches and seizures.

Jersey City Police publicly smeared Pantaleons reputation with comparisons to Adam Lanza and by publication of a warning letter to local schools. See www.nj.com/jjournal-news/index.ssf/2013/01/jersey_city_police_say_man_had.html .

Pantaleon was an IT Specialist for a highly respectable bank, a position he proudly garnered last year, and was recently noted for promotion.

He presently requires funding to proceed with his defense. If you would like to contribute to Pantaleons cause, please contact www.gofundme.com/Stand4Keith .

[kotkot 26]

I have made another contribution to Keith's fund. and will make another one when I can. I think this guy is worth supporting.

[Soju 153]

I hope those officers, the prosecutor, and judge that issued the initial bail amount go to jail for at least as long as he did. They violated at least 3 constitutional amendments (really 4, possibly 5), federal law, and probably state law as well. They are criminals. Period.

[Ray Ray 3,566]

I have made another contribution to Keith's fund. and will make another one when I can. I think this guy is worth supporting.

 

post the link please

[medic2264 11]

I hope those officers, the prosecutor, and judge that issued the initial bail amount go to jail for at least as long as he did. They violated at least 3 constitutional amendments (really 4, possibly 5), federal law, and probably state law as well. They are criminals. Period.

 

The judge has immunity.

[olderguy 0]

http://www.gofundme.com/Stand4Keith

[Ray Ray 3,566]

thanks

[TK421 2]

Not sure it is that smart for him to make this sort of video at this time. I can't believe Nappen would approve.

[Ray Ray 3,566]

Not sure it is that smart for him to make this sort of video at this time. I can't believe Nappen would approve.

 

why?

 

He's pissed, he just spent the last 35 days in hell FOR NOTHING and he should be civil? No

[jm1827 284]

Unreal- I will be donating as well!

[woodentoe 14]

 

why?

 

He's pissed, he just spent the last 35 days in hell FOR NOTHING and he should be civil? No

 

I found him to be remarkably civil in the video.

[Pythagoras 2]

 

 

I found him to be remarkably civil in the video.

 

I agree, he was really calm and collected about it.

[Pythagoras 2]

I hope those officers, the prosecutor, and judge that issued the initial bail amount go to jail for at least as long as he did. They violated at least 3 constitutional amendments (really 4, possibly 5), federal law, and probably state law as well. They are criminals. Period.

 

I hope so, too. Especially those cops. How dare they treat an American citizen like this? Land of the free, for crying out loud.

 

New rule: cops who don't know the law about guns aren't allowed to arrest people for violating gun laws.... by definition, THEY DON'T KNOW WHETHER A CRIME IS COMMITTED OR NOT. This police state is really scaring me

[kotkot 26]

thats one of the reasons I am supporting Keith and Nappen.. let them fight for this and get those idiot cops fired.

 

if we "reasonable peope" do not push back... they will keep walking all over us.

 

it's the fear of retribution that should act as a deterrent to being dumb asses..

[TK421 2]

why?

 

He's pissed, he just spent the last 35 days in hell FOR NOTHING and he should be civil? No

 

He said he is hoping they will elect to drop the charges against him, if he pokes them publicly like that they will dig in even if they know they are going to lose just to give him a complimentary hard time. Look at Brian Aitken. Nappen's big thing is keep your mouth shut and let him do the talking; I can't imagine he would be happy this video is out on the internet. Anything he says could potentially be used against him; it can't be used to help him which means it can only cause harm. I understand he want to tell his story about how wronged he was and I agree with him but you don't do that until you can do so safely after you are no longer in peril of legal prosecution. Judging by Nappen’s statements and the fact the guns were purchased while he was a PA resident, I think he is most likely “guilty” of the assault weapon charges and high cap magazines which means he is still in serious jeopardy. Since I believe those laws are unconstitutional I would love to see them challenged but the real possibility exists that they could be upheld and he could face serious jail time if the search is found to be legal and the evidence is not thrown out.

[Ray Ray 3,566]

He said he is hoping they will elect to drop the charges against him, if he pokes them publicly like that they will dig in even if they know they are going to lose just to give him a complimentary hard time. Look at Brian Aitken. Nappen's big thing is keep your mouth shut and let him do the talking; I can't imagine he would be happy this video is out on the internet. Anything he says could potentially be used against him; it can't be used to help him which means it can only cause harm. I understand he want to tell his story about how wronged he was and I agree with him but you don't do that until you can do so safely after you are no longer in peril of legal prosecution. Judging by Nappen’s statements and the fact the guns were purchased while he was a PA resident, I think he is most likely “guilty” of the assault weapon charges and high cap magazines which means he is still in serious jeopardy. Since I believe those laws are unconstitutional I would love to see them challenged but the real possibility exists that they could be upheld and he could face serious jail time if the search is found to be legal and the evidence is not thrown out.

 

He was released without bail, which means the judge knows this case will be thrown out. And Mr. Nappen's statement that he read his 100% accurate. Wake up dude, imagine yourself in his shoes.

[PeteF 1,044]

Judging by Nappen’s statements and the fact the guns were purchased while he was a PA resident, I think he is most likely “guilty” of the assault weapon charges and high cap magazines which means he is still in serious jeopardy.

 

He is not in serious jeopardy. They were found in a box in a closet during an illegal search. As an "offense" they don't even exist. However in reality they do exist and will not be returned,

[Pythagoras 2]

 

if we "reasonable peope" do not push back... they will keep walking all over us.

 

it's the fear of retribution that should act as a deterrent to being dumbasses

 

^^This^^

 

Or as my friend V says, "People should not be afraid of their governments. Governments should be afraid of their people"

[olderguy 0]

Keith Pantaleon is at minute 38:00 with a couple of other patriots. No reason not to watch the whole video, however.

 

http://www.youtube.com/watch?v=2j81g234RTA&feature=youtu.be

[anactivegrenade 25]

This whole case freaks me out. A man, who's done nothing wrong and had not even provoked the cops or "tread on dangerous waters", gets jailed for a month. This can be ANY of us. Literally any gun owner.

[PK90 3,573]

This whole case freaks me out. A man, who's done nothing wrong and had not even provoked the cops or "tread on dangerous waters", gets jailed for a month. This can be ANY of us. Literally any gun owner.

 

Only those that have illegal items.

[BCeagle 12]

Only those that have illegal items.

Do you trust the police to know that hollow points in your home are legal or the pinned magazine in your AR isnt 30 rounds or the difference between a compensator and a flash hider?

[Soju 153]

Only those that have illegal items.

 

False.

[fumanchu182 23]

False.

 

I agree. Can't go into details but a family member was shafted by the NJSP. All charges were dropped, including stolen weapons and assault weapons charges. They tried to send him to PTI to get a lesser charge and a conviction but he said no, plead not guilty and then won on every count. Now the state is smearing him, won't return his weapons because he is of "bad moral character". Seriously fugg this state. I donated what I could to Keith's cause. I hope he fucks the state of NJ in the ass without lube.

[DevsAdvocate 112]

Only those that have illegal items.

 

I don't see what's so illegal about them...

[TheLugNutZ 21]

So do we know exactly why they thought the AR was an assault rifle? Sorry it may have been touched on but i didnt want to search 9 pages. Was it really a pinned 30 round mag that caused it??

[djg0770 481]

So do we know exactly why they thought the AR was an assault rifle? Sorry it may have been touched on but i didnt want to search 9 pages. Was it really a pinned 30 round mag that caused it??

 

We. Don't. Know.