6 minutes ago, GRIZ said:

Aitken's problem didn't start with the police searching his car.  They started when he said something that worried his mother so much she called the police.

If I remember the story correctly, wasn't his mother worried he might commit suicide and that's why she call the LEOs? Then, apparently they had probable cause to search?

9 minutes ago, GRIZ said:

I'm sure they could query Glock 17, Glock 19, Beretta 92, SIG226, and every other pistol that can accept a >10 Rd magazine.  There are 1000s more of those than handguns that can accept a >15 Rd magazine when the AWB was passed.  I can't see how possession of any of these handguns constitutes probable cause for a warrant.

I agree, considering the availability of blocked and pinned mags, if they searched just based on model, that might open up a BIG can of worms.

4 minutes ago, GRIZ said:

Not cranky.  Just correcting "are you saying".

I was joking, lighten up.. you think I would say "hey, that guy Griz on the forum said it was OK to store these 15 round mags in with my stilettos in the closet"?

7 minutes ago, GRIZ said:

BTW, does possession of a shotgun with a 26" barrel and a hacksaw constitute constructive possession?

Similar to this?

@Sniper22 the hacksaw and shotgun is an example of how far do you want to take it.  Like the photo.

On 11/16/2018 at 1:13 AM, Sniper22 said:

If I remember the story correctly, wasn't his mother worried he might commit suicide and that's why she call the LEOs? Then, apparently they had probable cause to search?

IIRC, according to Aitken, he was driving from his parents house to his apartment in Hoboken when the Mount Laurel PD called.  Told him his mother had contacted them with concerns about suicide and asked him to return to Mount Laurel.  When Aitken balked, LEO told him that if he did not comply they'd issue a statewide APB and have him pulled over and brought back against his will (Aitken's story).  This was most certainly BS from the LEO, but it worked--he turned around and drove back to home to talk with Police.  (rule #1: in the words of Columbo "never believe a cop")

From WIkipedia: "Aitken asked if he was legally required to return to which Officer Joy responded that he did not have to return to Mount Laurel. Aitken thanked Officer Joy and stated that he would not be returning; however, minutes later Officer Joy made another call to Aitken notifying him that a 'General Alert' had been issued to New Jersey jurisdictions and that the Police would "pick him up" and "bring him back" if he did not return on his own. Officer Joy testified at trial that Aitken was "not free to leave until we're through with the matter" despite the fact that Aitken had not been charged with, or suspected of committing, a crime." https://en.wikipedia.org/wiki/Brian_Aitken

Once he was there, police wanted permission for vehicle search.  When he did not consent, they threatened involuntarily detention in a mental institution, for observation, based on their concern for his mental health and suicide risk.  And also they'd have to impound his car, and of course make an inventory (search) of the contents.  (Rule#2: Never consent to a search, especially in consideration of rule#1)

Rule#0:  Never say ANYTHING regarding your mental health, depression, anxiety, stress to anyone!

Edited November 18, 20187 yr by leahcim

3 hours ago, leahcim said:

 

Rule#0:  Never say ANYTHING regarding your mental health, depression, anxiety, stress to anyone!

THIS was the cause of Aitken's problem.

On 11/15/2018 at 11:34 PM, GRIZ said:

I don't think Maks' idea would fly but do you know of anyone busted for constructive possession of a 14.5" barrel and lower receiver?  If that were the case everyone who owns a Shock wave and a full size Mossberg pump could be arrested.

"constructive intent" at least in NJ, AFAIK only refers to Assault weapons.

 

On 11/15/2018 at 11:54 PM, Maksim said:

Actually, IT DID!

Aiken was busted for precisely that!  (going back to my example, he got busted for this amongst other things.

Same with the hallow point charges, has been routinely used as an add on charge.

You just don't hear people talking about it all of the time.

Also you have to keep in mind who the last governor was in the last decade?  Not exactly people who were gun ho on pushing gun control.

If Murphy wants to really push it, he can easily have his AG make examples of people starting with calling towns and asking for copies of pistol permits which were supposed to be destroyed after 30 days but we all know they are still there in a filing cabinet in every town.

seems like we need to sue the towns for not following the rules

What pistol, lost it in a card game along with 2 cases of hi-caps