December 15, 2010 10:00AM # Brian Aitken Pardon Decision Pending By [David Rittgers](https://www.cato.org/people/david-rittgers) --- SHARE In a recent post I discussed the [plight of Brian Aitken](../../../../../will-governor-christie-pardon-brian-aitken/), a New Jersey resident currently serving seven years in prison. Thing is, it’s not clear that Aitken broke the law. Radley Balko produced an [excellent write-up](http://reason.com/archives/2010/11/15/brian-aitkens-mistake) of Aitken’s case, and Glenn Reynolds put together a [video](http://pajamasmedia.com/instapundit/111174/). Aitken’s conviction is the product of (1) New Jersey’s draconian gun laws; (2) a lack of prosecutorial discretion that should have focused resources on real threats to society; and (3) a judge’s refusal to issue jury instructions on the “moving exception” to New Jersey’s gun laws. The same judge dismissed animal cruelty charges against a police officer that had placed his penis in the mouths of five calves. The judge was serving in a temporary capacity and not reappointed by Governor Christie. This is [overcriminalization](../../../../../overcriminalization-incentives/) compounded by incompetence. New Jersey Governor Chris Christie has said that he intends to make a decision on Aitken’s conviction [by Christmas](http://dailycaller.com/2010/12/10/gov-chris-christie-hints-at-decision-in-brian-aitken-case-by-christmas/). If you’ve got the time, here is a [link](http://www.pitchengine.com/freebrianaitken/chris-christies-christmas-clemency/109484/) to information on joining Aitken’s Facebook campaign for a pardon and a phone number to call the Governor Christie’s office and express your support. ##### Related Tags [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).