Guy arrested in Jersey City for "Assault" weapon possession

[Burns 16]

I'm buying ammo, booze and whores with my money. This guy is on his own.

That is great man !

 

Sent from my ADR6350 using Tapatalk 2

 

 

[Oakridgefirearms 224]

I'm curious what effect this would have on P2P requests. I'm assuming it goes on his "record"? Even though he's acquitted, I'm thinking Jersey City PD (or any other NJ PD) can still deny at their discretion and he'd have to go to court to fight it?

He would probably be able to get permits without much issue (assuming this is the only thing on his record), but his NICS checks are probably going to go into "Pending" every time he does one.

[NEAHS 11]

He would probably be able to get permits without much issue (assuming this is the only thing on his record), but his NICS checks are probably going to go into "Pending" every time he does one.

IANAL But he should not have any problem with P2P's or NICS from this case. Only goes on your record if it's a felony convictions and you serve felony time in jail.  Correct me if I'm wrong!

[gleninjersey 2,141]

There are always three sides to the story. - YOUR side, MY side & the TRUTH

 

 

 

Brian Aitken...... Brian Aitken.... Brian Aitken. - OMG, OMG, OMG ......and OMG!!!

 

http://en.wikipedia.org/wiki/Brian_Aitken

 

 

[ryan_j 0]

He should move back to PA ASAP because they will be gunning for him. BTW, can somebody let him know his FL permit is no longer good for Philly or PA CC? Because that's probably next with this guy LOL

 

yeah but a PA LTCF is super easy to get. 

[ryan_j 0]

Ryan, this interests me. I live in Paterson. Can you point me in the right direction to read the thread? I did a search for "Jeremy Perez", but no dice.

 

Here's the original thread:

 

http://njgunforums.com/forum/index.php/topic/36319-denied-by-the-city-of-paterson-now-what/?hl=%2Bpaterson+%2Bdenied

 

Here's the decision:

http://www.judiciary.state.nj.us/opinions/a0498-12.pdf

[Oakridgefirearms 224]

IANAL But he should not have any problem with P2P's or NICS from this case. Only goes on your record if it's a felony convictions and you serve felony time in jail.  Correct me if I'm wrong!

I had a guy do a transfer and get put in "pending", he told me this happens to him every time he does a NICS check. He said they call back anywhere from 10 minutes to 24 hours later with "approved". He said he didn't know why this was happening to him every time, but then mentioned that he was once arrested when the authorities arrested a bunch of people at a job he was working. He was later cleared when they realized he was not involved in whatever criminal activity was going on there. Apparently NICS does have access to arrest records.

[Silence Dogood 468]

Obviously he's not getting back any mags > 15 rounds.  However, I don't see why a good attorney couldn't get them to transfer the firearm to an FFL with the intent on 'neutering' any evil features (if any) with the understanding that once neutered the FFL could return it to him.

[GRIZ 3,369]

Obviously he's not getting back any mags > 15 rounds.  However, I don't see why a good attorney couldn't get them to transfer the firearm to an FFL with the intent on 'neutering' any evil features (if any) with the understanding that once neutered the FFL could return it to him.

If the ARs have enough evil features to be AW in NJ they are legally contraband. No lawyer, no matter how good, is going to get a court to return contraband.

[oneshot 45]

I won't support stupidity! The laws here are no mystery.. I would never own them and am not supporting someone else who took the risk!

You support stupidity every time you buy a gun ,ammo or for that matter pay taxes in NJ.

  You would never own them? Because you never had the chance. You were enslaved before you could.

[Fred2 367]

Obviously he's not getting back any mags > 15 rounds.  However, I don't see why a good attorney couldn't get them to transfer the firearm to an FFL with the intent on 'neutering' any evil features (if any) with the understanding that once neutered the FFL could return it to him.

 

Even if the do get sent to a FFL, I wonder what shape they are going to be in.

They may not be worth the money it takes to convert them.

[BlueLineFish 615]

The only reason he got off was because the search was deemed illegal , not that the firearms were actually compliant. He wontsee those weapons again

[ryan_j 0]

The only reason he got off was because the search was deemed illegal , not that the firearms were actually compliant. He wontsee those weapons again

 

Well yeah, DUH. The point is that the police can't just bust into your house and search anytime they damn well please, even if you have banned weapons, a pot farm or some bootleg DVDs. They must have a warrant and probable cause or fall under one of the exemptions. 

[GRIZ 3,369]

Well yeah, DUH. The point is that the police can't just bust into your house and search anytime they damn well please, even if you have banned weapons, a pot farm or some bootleg DVDs. They must have a warrant and probable cause or fall under one of the exemptions.

 

So you feel if it were heroin, kiddie porn, or a nuclear, chemical, or biological WMD it should be returned if the court ruled a bad search? I agree that the firearms that were seized should not be illegal anywhere but they are in NJ. There is no provision in the law for return of contraband.

[ryan_j 0]

So you feel if it were heroin, kiddie porn, or a nuclear, chemical, or biological WMD it should be returned if the court ruled a bad search? I agree that the firearms that were seized should not be illegal anywhere but they are in NJ. There is no provision in the law for return of contraband.

I don't disagree with the seizure.

[GRIZ 3,369]

I don't disagree with the seizure.

Sorry I misunderstood your post. However, even if the search is not legal contraband won't be returned.

[carl_g 568]

Show me your source that says the gun or mags were illegal. Are you going by the newspaper report? The false charges filed against him by the crooked Jersey City cops?

[BlueLineFish 615]

The charges were correct but with the bad seizure the evidence is suppressed. Doesn't mean the gun wasn't illegal.

[olderguy 0]

The charges were correct but with the bad seizure the evidence is suppressed. Doesn't mean the gun wasn't illegal.

 

Would be nice to know whether the guns were actually legal or illegal.

[GRIZ 3,369]

Would be nice to know whether the guns were actually legal or illegal.

If it got as far as a supression hearing I'm pretty sure the guns were illegal. The prosecutor had plenty of time to do his homework with the guns and the magazines.

[Blacksmythe 71]

If I were him I would leave and not look back. Try to get a civil rights suit and buy even better guns.....PA class 3 please.

[Knuckle Sandwich 5]

The charges were correct but with the bad seizure the evidence is suppressed. Doesn't mean the gun wasn't illegal.

 

Source?

[GRIZ 3,369]

Source?

If the guns were legal there would have been a hearing for dismissal rather than suppression.

[ryan_j 0]

Sorry I misunderstood your post. However, even if the search is not legal contraband won't be returned.

 

That's correct and I'm fine with that.

 

But if someone is to go to jail, the evidence used to convict them should be obtained properly and lawfully. As the NJSP likes to tell ME when I apply for a permission slip to buy guns, "there is a process." 

[GRIZ 3,369]

That's correct and I'm fine with that.

 

But if someone is to go to jail, the evidence used to convict them should be obtained properly and lawfully. As the NJSP likes to tell ME when I apply for a permission slip to buy guns, "there is a process."

 

I agrre with you. I never.lost a case as a LEO due to a bad search however I never let a criminal get off by not taking a chance sometimes on what was reasonable. The LEOs and prosecutor must articulate the facts justifying the search. I have known cases where the search may have been justified but the prosecution was unable to convey.this even though the facts justifying the search were there.

[RUTGERS95 890]

If his landlord really called because he had guns, that's not even right. What the hell gives him the right to allow police into his residence just because he owns guns..... This is messed up

it's what the dems want, create a system where people are afraid of them.

[NJSUX 2]

Sounds like we have all the details of the case.....

[Blacksmythe 71]

Sounds like we have all the details of the case.....

No we don't. I wonder if everything is done with? 

[mipafox 438]

IANAL But he should not have any problem with P2P's or NICS from this case. Only goes on your record if it's a felony convictions and you serve felony time in jail.  Correct me if I'm wrong!

You don't have to commit a felony or spend a day in jail to be prohibited from firearms possession nation-wide for life.

 

As an example, pretty much any misdemeanor that could have a sentence over 2 years is federally prohibiting even if you are sentenced to probation or a small fine. There are a whole lot of other things that will get you on the state and federal level and there are exceptions as well.

 

I have a friend in NJ who is prohibited due to a brief and sudden fistfight. No, he didn't kill or maim anybody, just a sudden fight. He never spent a day in jail and is prohibited for life, nation-wide. Fortunately the charges were by a State (NJ) so he might be able to get a pardon and expungement if he is lucky. You get pinched by the feds you need a Presidential Pardon. Most of us don't have the money and time served in the higher ranks of the Communist Party to pull that off.

 

Unlike Europe, government recognizes no civil/individual rights in this country. But it's still amazing how eager they seem to take away our "privileges" over petty issues.

[ryan_j 0]

Looks like Pantaleon was acquitted. The document says February 24.