Brian Aitken is a former resident of the US state of New Jersey who was arrested and imprisoned for possession of handguns legally purchased in Colorado, but transported in violation of New Jersey's gun laws. His case has become a battleground for gun control advocates and opponents alike after he was sentenced to seven years in prison.[1] On 20 December 2010, New Jersey Governor Chris Christie signed a letter ordering the immediate release of Aitken from Mid-State Correctional Facility.[2] Aitken is Director of New Media for America's oldest free market organization, the Foundation for Economic Education[3] and has spoken openly about his case.[4][5]
Contents |
A self-described digital media entrepreneur,[6] Aitken has partnered with designers like Thomas Pink[7] and received his Executive Education from the NYU Stern School of Business. His website displayed blog entries dating up until two days prior to his incarceration.[8]
Although born in New Jersey, Aitken moved to Colorado where he married a fellow New Jersey émigré and became a legal resident. After his divorce, he returned to New Jersey to be near his young son and other family members. During the course of his move back to New Jersey he made several trips by commercial airline to and from Colorado. Prior to the last trip he sought clearance from the United States Department of Homeland Security Transportation Security Administration to transport three handguns in his checked luggage. This clearance was granted.[9]
On January 2, 2009 Aitken's mother called police after Aitken became angry over a dispute with his ex-wife and left her house in a hurry. The responding officers searched his car and discovered three locked and unloaded handguns in the trunk. Aitken was subsequently arrested for possession of these weapons and was sentenced to seven years in prison by Judge James Morely.[10] Judge Morely's decision not to provide information to the jury regarding exceptions to New Jersey's relatively strict firearm possession laws became a source of controversy.[11] Gun laws in the United States vary widely by state and require expert knowledge to understand the differences.[12]
During the jury instructions Judge Morley did not charge the jury with the exemptions to the New Jersey law despite arguments by the defense that Aitken met one of the exemptions and was therefore innocent of the charges. The jury returned three times requesting to be made aware of the laws that provide exemptions for lawful possession, however, all three requests were denied by the judge.[13] One of the jury requests read:
"Why did you make us aware at the start of the trial that the law allows a person to carry a weapon if the person is moving or going to a shooting range, and during the trial both the defense and prosecution presented testimony as to whether or not the defendant was in the process of moving, and then in your charge for us to deliberate we are not permitted to take into consideration whether or not we believe the defendant was moving?"[14]
In an interview with ABC News Joel Bewley, a spokesman for the Burlington County Prosecutor's Office, stated:
"The defendant's attorneys presented evidence that his house was for sale and that at the time of arrest he was travelling from one residence in New Jersey to another."[15]
An appeal for clemency from New Jersey Governor Chris Christie was filed by family and friends of Aitken.[16] On December 20, 2010, Governor Christie signed a letter ordering his release from Mid-State Correctional Facility. On the morning of December 21, 2010, Brian Aitken was released to his family.[17] He has since announced that he intends to file a 42 USC 1983 Deprivation of Civil Rights lawsuit against the police officers, the prosecutor and the judge to hold them accountable for their actions[18] Aitken's lawyer, Michael Orozco, sent letters to the Mount Laurel Police Department and the Burlington County Prosecutor’s Office to notify them that they would be sued for their behavior in the case, which Orozco claims violated Aitken’s civil rights.[19]
On April 8, 2011 the Sam Adams Alliance, a conservative activist group, awarded Aitken as part of their Sammies Awards. Aitken was recognized for "making a courageous stand against New Jersey's draconian gun laws".[20]