Update on the Brian Aitken Case

A New Jersey appellate court has just reversed Brian Aitken’s criminal convictions on two of three counts. Brian Aitken got caught up in New Jersey’s gun regulations as he was moving from Colorado to NJ. His firearms were lawfully purchased in Colorado but ran afoul of certain NJ rules. The jury pleaded with the trial judge three times for additional guidance as to its options in the event they were persuaded that Aitkin was indeed moving. Each time the jury was rebuffed. The judge said not to worry as he had already determined that Aitken did not qualify for the special moving exemption in NJ law. The appeals court has now ruled that the trial judge erred (pdf).

Some may recall that Governor Chris Christie took action in this matter—he commuted Aitken’s seven year sentence. Brian’s legal battle continues nonetheless. A criminal conviction makes his life difficult—among other things, it affects child custody, credit, and his ability to keep a gun in his home for self-defense.

One happy twist to his ordeal with the state has been that Brian now works for liberty with our friends at the Foundation for Economic Education.