fletcher-v-new-jersey-pre-trial-intervention

By James England via concealednation.org

The 4th of July marks the time when our Founding Fathers issued a proclamation to the British government. And while each year, we celebrate our new-found liberty and freedom with fireworks and barbecues – one family in North Carolina is very much on edge about defending theirs. Tower climbing is one of the most dangerous jobs in the country. It involves servicing cell phone and transmission towers all cross the nation with little advance warning and working at heights that would make most men quit. Many of these towers are located in remote regions and sketchy areas. When Brian Fletcher mobilized his men to head up to New Jersey, he did what any law abiding gun owner in North Carolina would do when heading into unknown territory – he brought his legally owned pistol . . .

The mission: disaster relief for Trenton, New Jersey. According to Fletcher, he and his entire team had less than an hour to get their equipment together and proceed north. And in almost all the states in the Southeast, he would have been perfectly fine bringing his firearm with him.

On the night of June 28, Brian was waiting in a parking lot with his men and trucks to await further word on the next tower to be serviced. A New Jersey police officer pulled up behind his truck and inquired as to what he was doing. According to Fletcher, they discussed the disaster relief work and so forth. It was then Fletcher handed over his ID and did what any law abiding citizen of North Carolina would do (N.C. Gen. Stat. § 14-415.12A.) – he informed the officer that he had a firearm in his vehicle.

And that is where things quickly spiraled downhill.

The State of New Jersey does not recognize any state’s right to carry firearms – in a vehicle or otherwise. In fact, it’s a class 2 felony. Fletcher went from disaster relief to having his entire life and livelihood in jeopardy in a matter of seconds. He was arrested and charged with carrying a firearm. He is currently back in North Carolina after posting a $25,000 bond.

Petition For Pre-Trial Intervention
This isn’t an issue of reciprocity rights.  This is an issue of no reciprocity whatsoever.  This man was in New Jersey doing disaster relief at a moment’s notice – at the bequest of New Jersey.

I had the distinct pleasure of talking to Fletcher on Sunday (July 5) to discuss where he was in the legal proceedings and what we could do to help.

“I talked to my attorney,” Brian said, giving me an update on his situation. “We’re trying to get a pre-trial intervention – if I qualify for that.”

Pre-Trial Intervention is a program offered through the State of New Jersey to act as an alternative to prison for first-time offenders. It affords them the opportunity to avoid prison time and criminal history on their record.  It’s only available to first time offenders.

“What’s the likely result of a pre-trial intervention?”  I asked.

“It would be 36 months probation. If I go through that, I can get it dismissed. I’ve called my congressman. The best thing to do will be to get a pardon. I’ve asked the Sheriff to write a letter on my character.”

When asked about how he felt about reporting his possession of a firearm to the New Jersey police, he responded, “it was the right way I was supposed to handle it.”

According to Fletcher, the initial trial date is July 13.  At present, his NJ attorney is attempting to push it back to August to allow more time to secure a pre-trial intervention.

How can you help?
Sign the petition

We’ve included the names and contact information for both Fletcher’s representatives in North Carolina and the representatives in Trenton, New Jersey. Here is the link to a petition to support Brian Fletcher vs. State of New Jersey.  The more attention we can draw to this, hopefully it will result in Chris Christie’s direct, benevolent involvement.

We urge you to be polite but steadfast in requesting a pre-trial intervention for Brian Fletcher.  He was up in New Jersey performing disaster relief on cell phone towers and he acted exactly as he should have.  The New Jersey Governor, Chris Christie, ought grant an immediate pardon for Brian Fletcher and all charges should be dropped.

Do not hold an innocent man in the cross-hairs because of a lack of recognizing other states right to bear arms.  Brian Fletcher didn’t have a concealed carry permit – and it likely wouldn’t have mattered if he did because New Jersey doesn’t acknowledge those any ways.  Help support a good man in the wrong place at the wrong time!

Email governor Chris Christie

This is the website where you can send an email to Governor Chris Christie and request a pardon on behalf of Brian Fletcher.  Carrying a firearm with you is a Constitutional right afforded by the Second Amendment of the Bill of Rights and shall not be infringed.

An example letter you can send to the Governor of New Jersey:

“Dear Governor Chris Christie,

On June 28, 2015, Brian Fletcher traveled from his home in North Carolina to Trenton, New Jersey, to assist with disaster relief efforts.  With little time to mobilize, he conducted himself in the proper and legal fashion of a North Carolinian by dutifully informing your law enforcement officers that he had a firearm with him in his truck.

You have the power to pardon this man and not unduly deprive him of liberty and his livelihood.  His family depends upon him to be the law-abiding man we all know he is.

Show your understanding of the principles of our Founding Fathers by granting Brian Fletcher of Butner, North Carolina, a pardon for the felony the State of New Jersey has levied against him for this honest mistake.

Regards,

[Your Name]”

And if you’re one of the few and proud who really wants to get into it – help Brian gain the support of his representatives and that of those in Trenton, New Jersey.

Pre-Trial Intervention – Butner, North Carolina Representatives

Senator Floyd B. McKissick, Jr.
Democrat – District 20
N.C. Senate
300 N. Salisbury Street, Room 629, Raleigh, NC 27603-5925
Phone: (919) 733-4599
Floyd.McKissick@ncleg.net

Representative Larry Yarborough
Republican – District 2
N.C. House of Representatives
16 W. Jones Street, Room 1301, Raleigh, NC 27601-1096
Phone: (919) 715-0850
Larry.Yarborough@ncleg.net

Pre-Trial Intervention – Trenton, New Jersey Representatives

Senator Shirley K. Turner
1230 Parkway Ave., Suite 103, Ewing Twp., NJ 08628
Phone: (609) 323-7239

Assemblyman Reed Gusciora
144 W. State St., Trenton, NJ 08608
Phone: (609) 571-9638

Assemblywoman Elizabeth Maher Muoio
144 West State St., Trenton, NJ 08608
Phone: (609) 571-9638
Fax: (609) 571-9645

137 Responses to NC Disaster Relief Worker Arrested in NJ With a Gun

      • Rule #1 when talking to LEOs is KEEP YOUR MOUTH SHUT! If they find something, feign ignorance and call Evan Nappen…732-389-8888 …if you live on the east coast, keep his number in your wallet…just in case.

    • Kris Krispy(creme) could have nipped this in the bud before it happened by directing his AG to set-up reciprocity. But he’ll whine “it’s not my fault, it’s the Legislature…bla…bla…”.

      • Is there a NJ statute permitting the AG to establish reciprocity with other states? If not then it truly is the legislature’s problem to fix.

        • Exactly. Reading most statutes it reads something like “…and the Attorney General shall have the discretion to set up reciprocal agreements with other states that have similar licensing schemes and provisions to carry a concealed firearm”. In NC they have excellent reciprocity and many folks I know from NC just assume their permit is valid everywhere. What bites me about this is even though the guy had a permit and the gun was legal its not a defense to prosecution, furthermore there is almost no provision to make something like this a misdemeanor in NJ law, everything is a serious felony these days except for the things that are supposed to be taken seriously.

      • Worse, even – he’s a southern white guy with a gun. That means he’s viciously racist, right?

        • I bet if the media dug deep enough, they could find a picture of him standing within 50m of the stars and bars.

  1. So… North Carolina can be forced to recognize New Jersey’s marriage licenses, but New Jersey can’t be forced to honor concealed carry permits? Really?

    • Irony is that NC recognizes all concealed carry permits regardless reciprocity. A sort of “Do unto others….”
      MA is the same way.
      Any reciprocity bill, in the absence of the right thing, should include stating that any person may carry in any state a firearm that is legal in their home state of residence. There is no reason I should have to leave my 12, 15, and 17 round FNS/FNX mags at home just because I’m driving to MA and passing through NY.
      I should be able to bring my gear to MA so I can go shooting with my BIL when we visit up there.
      But he is happy to know he is safe visiting us.

      • You may want to check that info about MA. MA recognizes no other state’s carry permits.

        As for the high cap stuff – that is a different law. Even if you have an out of state permit for MA, you still can’t use them in MA, nor can you use an AR-15 with features that makes it fall under the MA assault weapons ban law. Even nationwide concealed carry (should it come to pass) would subject you to the allowed weapons laws in the states you travel to.

        • MA never has nor likely ever will recognize permits from its neighboring states let alone any other states. Guys there are apps (CCW, look it up on your app store or google store) and a website (USAcarry.com) that shows reciprocity. No offense but this should be common knowledge if you carry, you risk felony prosecution and permanent loss of 2A rights! As a rule of thumb always assume a northeast state does NOT recognize your permit and always check other states reciprocity.

        • Especially on the East coast where states are so small that you could have a slightly extended coughing fit and miss that you drove through another state. I live on the best coast, where our states are the size of the larger European countries, and I’m aware of and take care with reciprocity (using usacarry extensively).

      • If by MA you mean Massachusetts, then no, they don’t recognize any out of state permits. I wouldn’t be surprised if they failed to even recognize their own.

    • Who knows, maybe his lawyer will try that argument. I’d love to see someone do that and set a legal precedent of some sort. Although given that it’s Jersey (unfortunately also my home state) that’s probably either not going to work or happen.

      • “Brian Fletcher didn’t have a concealed carry permit…” Right from the article. SHOULDN’T matter, though. There was no crime, no victim, so it shouldn’t be an issue, anyway. Well, no victim other than Brian Fletcher…

        • There was a crime, and a victim. The crime was the arrest, and Fletcher is the victim.

    • It seems like the people of New Jersey need to be rescued from their GOVERNMENT! Isn’t that what the KKK was for? Helping people while hiding under those sheets? We need a MASSIVE UPRISING to make the politicians HEED OUR WORDS!

      Either they write ‘Rules’ that we want OR they can join their ancestors 6 feet below our air supply.

      V for Vendetta? or is is V for Vigilance!

  2. After 235 years it is still about guns and taxes.
    We know where New Jersey stands on both.

  3. I live in NC. I have a CCH permit. But I would never travel to NJ with a firearm of any kind.
    One has to be very careful even passing through NE states going to NH because NY, NJ, and MD pretend that a federal law protecting lawful transport of firearms between to point where the fire arms are legal cannot be prosecuted for violating state bans on mags or ammo.
    MA does not even allow nonresidents to buy ammo or even pepper spray.
    If I were traveling north, even unarmed, I would still remove any NRA stickers or anything to indicate I support 2A rights because in the northeast, the police consider that probable cause to pull you over and tear apart the car if the car has out of state plates.
    I wish this guy luck. But he is white and married so he has near zero chance of political intervention. Christie will be no help. A red neck form confederate flag territory.

    • “Yet another example as to why to stay away from New Jersey.”

      I’ve got family in NJ.

      For some reason, they seem to enjoy visiting Florida in winter.

      Wonder why…

  4. Wish the man well, but the first rule of traveling with your heater is:

    1. Know the laws of the states you’ll travel through.

    If you can’t abide by rule 1, consider the risk of breaking/ignoring it.

    • The risk is substantially multiplied in those states when driving a vehicle with out of state plates. Automatic targets for criminals and state troopers.

      • Easily the most slimy and discussing state I can think of. The times I’ve been through it has made NYC look clean and friendly. Avoid at all cost.

        • Depends on what part of the state. Southern NJ is way better than NYC or Philly, but Northern NJ is just as gross as NYC. Sadly Northern NJ is the sterotype of NJ that many think of. The southern part of NJ sticks below the Mason-Dixon line and disagrees with most of the gun control, but they are often screwed over by Northern NJ which holds most of the power in the state.

    • Seriously, if there is even a remote chance you will be leaving your state on a trip, and you have your gun with you, make sure you know the laws of any and all states you will be traveling through. Even if we all know the laws in NJ are stupid and do nothing to prevent crime, they are still laws, and it is through his own negligence that he broke those laws. I wish him the best, but proper preparation would have prevented this from happening in the first place.

      • Indeed so, Josh, you are exactly correct….. that this guy, as well intentioned and as honorable as he is, well, he blew it!!!! How the hell could have not known about NJ laws?????? Is there anybody who carries concealed in their home and reciprocity/recognition/no permit needed states, NOT F’G UNDERSTAND NJ LAWS??????????? Unless the little fat fook Krispy invokes his pen, this guy is toast.

      • As you said, “nothing to prevent crime” (bad guys doing bad things)
        But
        Producing criminals out of good guys doing nothing bad.
        What a world, what a world.

    • The U.S. Constitution IS the SUPREME LAW in EVERY STATE of the Union and all territories and possessions thereof!

      Any state law, statute, ordinance, regulation or rule that is contrary to the U.S. Constitution is null, void and of no effect IF you know your RIGHTS and have the courage and information to “support and defend” them.

      Just sayin’.

      Freedom ain’t free!

      “… and to this we pledge our Lives, our Fortunes and our sacred honor.”

  5. I hope this guy gets off, especially considering what sort of work he was doing, but I’m sorry, you have to be living under a log in the woods not to know by now that different states have different laws when it comes to guns, especially given the story of the Pennsylvania woman arrested in NJ last year for doing the exact same thing (carrying a gun).

    NJ laws suck, but for now, they are the laws and as has been pointed out time and again on this blog, if you choose to carry a gun, then know the damn law.

    In my mind, this is no different than ignoring one of the four rules of gun safety and has the potential to lead to similar disaster.

      • don’t disagree, but you’ll still find yourself a guest of the state if you break their bad laws. Easier for me to stay the hell out of Jersey than for me to go be the test case who winds up with a felony conviction, revocation of my gun rights everywhere, and a stay in the graybar hotel

  6. I simply do not understand how anyone of the gun can be so ignorant of these draconian state laws and carry into these states. Certainly my heart goes out to Brian and I pray for a quick and easy resolution to his dilemma. But there is personal culpability here. Every gun owner should already know that once you head north of the Mason-Dixon line you are in great danger. Even following USC for transport can get you put in jail in some states. How can any right minded gun owner not know this? We really need national reciprocity enacted to stop criminalizing our citizens.

    • Gman, there’s a difference between someone “of” the gun and someone “with” a gun. Most gun owners don’t have much of a clue, which is why we read about them being arrested in NJ and NY.

      • +1.
        Many gun owners, being responsible citizens with jobs and lives, can be shockingly ignorant of gun laws.

        Perhaps Free States should have PSAs or informational web videos explaining the hazards of slave state travel. As a NYer, I could come up with some choice descriptions my state and governor.

  7. It is an election cycle and Christie wants to president. There is no better time for Brian. He has a chance of a pardon. Of course Christie will do it for the impression that he supports the 2A. But we know better. The fat man doesn’t give a crap about the 2A.

  8. Perfect test case for using the gay marriage ruling from the supreme court to apply the constitutional equal protection provision to 2nd amendment guarantees of our God given right to keep and bear arms. Ya can’t have ‘er both ways, unless of course you are Obama or Clinton.

    • you mistakenly assume that SCOTUS will be consistent. Three of the justices are mortal enemies who would gut 2A without a second thought. Two more are fair weather friends whose allegiance shifts depending on the case in question.

    • My thoughts, exactly! Alan Gottlieb is on record about finding a perfect case top use to test this “new” right found in the 14th Amendment this last week. This defendent is VERY sympathetic and the case is quite strait-forward. For sure, Alans Gottlieb and Gura have seen this report and are actively pursuing it already.

      Give money to SAF!!

  9. Cannot find any justification for supporting this fellow. He is supposed to be knowledgeable of firearm laws wherever he goes; his responsibility,not ours. What would cause a gun owner to in any manner or under any circumstance to assume his gun does not pose an opportunity for the anti-gun crowd to find an excuse to pounce? Is/was he that unaware that a functioning majority (that is aggressive anti-gun activists) willing to do anything to deprive even one gun owner 2A rights? I am afraid to move between cities and counties, even. If not completely convinced through research and questioning that it is legal to carry/possess a firearm in, on, around and between juristictions, the gun stays home (disassembled, locked and encased in a concrete-filled 5gal bucket, buried under a bush in the back yard). Negligent carry is no more supportable than negligent discharge.

      • Another tough guy. How’s that unstamped forward grip on your AR pistol working out for you?

        Oh wait.

      • Now this is an interesting development – support for an irresponsible gun owner buy one who claim to be a responsible gun owner?

        Really?

        You would endorse mindlessly carrying a firearm out into the wherever without knowing or caring to know if you would be violating some legal restriction? This is not a case for clamoring for unrestricted gun rights and unrestricted carry wherever/whenever. This is a case where someone was negligent or careless about current law. Nowhere in the story is the claim that this was a protest to support universal gun rights.

        Supporting this irresponsible gun owner makes the case that there is no such thing as a law-abiding gun owner; just gun owners one step away from committing a crime.

        • “Supporting this irresponsible gun owner makes the case that there is no such thing as a law-abiding gun owner; just gun owners one step away from committing a crime.”

          No, it makes the case that Americans have rights under the Constitution and should not be expected to have to waste their time learning what unconstitutional laws other states have passed. Americans should be able to assume that this actually is a free country and not have to worry about whether parts of it are turning fascist or communist or whatever.

        • Do I understand correctly, you are endorsing the idea that intentionally or unintentionally ignoring current gun laws is a responsible act by gun owners?

          If so, you will, I’m sure, understand why I will not be a donor to your legal defense fund.

      • Nothing in this article indicates the carrier was protesting, challenging, daring or otherwise intent upon proving the point about unconstitutional laws, rules and regulations. The carrier was must muffing along without proper consideration of his duty to carry responsibly UNDER THE LAWS THAT EXIST TODAY. The bureaucracy is not at fault for irresponsible actions. The bureaucracy may be at fault for existing at all, but every gun owner and or carrier by virtue of the need to not run afoul of handgun laws in whichever jurisdiction lets that owner be charged with a gun-related crime and forever banned from buying another weapon (depending on federal, state and local law). If anyone on this forum believes they can freely carry wherever and whenever they want without the need to be mindful of relevant ordinances, they have become what the grabbers say they are….formerly law-abiding citizens who are committing crimes. Negligent carry makes folly of the mantra that people should not be afraid of open/concealed gun carriers because licensed carriers are the most law-abiding people around. Either we are, or we aren’t. This is not a ‘rights’ incident, this is a negligent carry incident.

        • 2Asux…I’m agreeing with most of what you’re saying…just saying this is a crime against beauacracy, and should not have had to be treated as a “crime”. We all have better, truly productive things to do with our time. How did we (the country) ever get ourselves in the business of protecting ourselves from ourselves instead of protecting our selves from the bad guys????? OBTW, the cop was just covering his own a$$, trying to keep his job to pay the bills. Rant over…for now.

        • I wanted to focus the forum on the need for understanding that current laws are current laws, and our responsibility to adhere until changed.

          How did we get here?

          Well, you plucked a particularly sensitive string.

          How did we get here? “The greatest generation”, of whom I am a direct descendant.

          When WW2 ended, the entire military establishment was almost disbandes. Millions and millions of our armed forces returned to a US that was still recognizable from then the troops left for overseas, Yet, their return made the country different. These warriors, and the population in general had struggled through the after effects of WW1 and “the great depression.” Once this generation was over being “over there”, they came back to a nation that was probably 2X more industrialized than when they left. Many of the returning military did not go back to the farm, but used newly acquired skills to take jobs that paid so much better than agriculture. Along with that better pay came the urban/suburban lifestyle of the middle class. And the mantra of those survivors of the first half of the 20th century had a slogan, “My kid is gonna have it better than I did”. From there, “the greatest generation” proceeded to remove from the culture those very character builders that made it possible for them to survive the excesses of the 1920, the depravation of the 1930s and the horror of WW2. Making sure their kids had it better, the war veterans took it on themselves to overwork in order to providetheir children, almost for fre,e all the things the veterans did not have as youngsters. In short, the goal was to provide a “cushy” life for their children. But the cost was the babyfication of american youth. Too much was available to children for no effort. Industrial life made it near impossible for families to share work experiences with their parents, there was little to connect children with the labor required to create their comfort. Not saying every child was suddenly placed in a bubble, but the idea that nothing was worth much (while disrespecting the huge effort expended to their benefit), and work and hardship were anomalous conditions to be avoided at all costs.Essentially, “the greatest generation” raised their children to remain children, rather than raising children to be productive, responsible adults. Then that first post-war generation raised their children using the model they had seen, and raised the next generation of children to remain children, and we are now in the third generation of children raised to be children. So, how do I know the generations since WW2 raised children to remain children? Look at the complaints: “it isn’t fair”; “no one should have to make hard choices”; “the system works against me”; “i want my fair share”; “someone owes me for….”; “they have too much, I have too little”; “why should I care what goes on in the world, I am busy….”; “life should have no personal risks of injury or disappointment”. Who thinks like that? Children. Children who have never been forced to do anything hard. Look at what is happening in the business world. Companies believe they must make work “interesting”, “entertaining”, “fulfilling”, “less stressful”. All this because the young workforce has no ability to operate in an environment that requires dedication, personal responsibility, perseverance, pride of workmanship. Knowing children become voters, politicians pander to get votes by promising people that they can lay off responsibility on someone else, yet gain all the benefits as if they had done something for themselves.

          That’s how we got here.

    • For someone yapping about “laws”, you should read some of the comments I posted within this thread that clearly show the Courts have repeatedly “opined” that any “law” that is contrary to the protections of the Constitution are NOT “laws” at all but “nullities” and citizens can ignore them and exercise their RIGHTS with impunity.

      Furthermore, when you rely in court on Supreme Court precedents, you have a rock solid defense against “willful intent”.

      All states and all their officers are BOUND by the US Constitution and BoRs and their sacred Oaths of Office of fidelity thereto.

      They can be both CIVILLY and CRIMINALLY pursued for KNOWING, OR SHOULD HAVE KNOWN, VIOLATION OF CIVIL RIGHTS UNDER COLOR OF LAW.

      See other comments in this thread for specific references/citations.

      • Classrooms are wonderful places for speculation and whimsical discussion. The real world is a harsh teacher. The law is what the most recent court case says it is, until another says it isn’t. We are seeing again and again courts that dismiss, ignore or otherwise contravene the law. We are either a society of laws, or we aren’t. All the cases you cited were overlooked by every plaintiff/defendant ever to face a gun-related charge against exercising their constitutional rights. How’s that working so far? Were all who came before us so mentally incompetent that all the court precedents going back to the founding were overlooked as “silver bullets” to put an end to restrictions on constitutionally protected rights? Being right is great, being mighty is better. We are about out of civilized options here.

        • First mistake most people make is hiring an “attorney” or accepting the appointment of one. Look up definition of “attorn.”

          Attorneys are Officers of the Court and have a primary fiduciary duty to THE COURT which creates an INHERENT conflict of interest/duty for them to represent their “clients” in a fiduciary capacity.

          We EACH must learn how to “support and defend” our own RIGHTS against the USURPERS.

          No it’s not easy and yes it does REQUIRE the individual to prove he/she is from the “home of the brave.”

          I don’t disagree with your indications of the corruptness of our courts/judges.

          Noose therapy is the answer!

  10. When asked about how he felt about reporting his possession of a firearm to the New Jersey police, he responded, “it was the right way I was supposed to handle it.”

    Disclosure might be the law in NC, where Brian apparently has a valid permit. But (i) that’s not the law in NJ, and (ii) his permit is not recognized in the Landfill State anyway.

    This was a true fustercluck.

  11. For those who want full reciprocity, be careful what ask for. With the infux of many Latinos and their gaining of voting rights, a future federal law may take away some or all of your carry rights. This is what the Democrats want.

    • … and reciprocity changes that equation… How? We need to fight for gun law standardization on the federal level. That way, we cut out one of the ways for us to lose this war. Right now, the sates lobbying for gun control are in a distinct minority.

      If we focus the fight to the state level and lose federally, we still lose.
      If we focus the fight to the federal level and win federally, the state battles won’t matter.

      • That’s just it: you’ll lose at the federal level. NO federal reciprocity law will EVER consist entirely of but a single line that reads “All states must recognize each other’s licenses to carry firearms.”

        Any such law would be packed with provisions making carry much more difficult, even in your own state, as provisions must meet national requirements. It’d be saddled with training requirements, proficiency measures, residency requirements, probably liability insurance, and massive disclosure of medical records. You get the picture.

        Go for the federal reciprocity win, and you’ll get a Pyrrhic victory so grotesque and abhorrent that you’ll be longing for the good ‘ol days of a patchwork of state laws.

    • Indeed, you are correct.

      The recent SCOTUS on homosexual marriage acknowledged the right to talk about religious principles opposed to homosexual marriage, but said nothing about the right to exercise those principles in public. Hard not to conclude the door is open for suppressing the exercise of freedom of religion, regardless of a direct statement in the First Amendment. Next will be a carve-out for the Second Amendment that permits or authorizes the restriction of where one can keep and bear those arms. I believe there was a case some years ago (on another rights issue) where the majority of the court held that restricting an enumerated right such that the result is the effective suppression of that right is unconstitutional. Bet that reasoning is ignored or overturned in favor of government’s “compelling interest” is promoting whatever benefit is to be found by de facto elimination of the Second Amendment.

  12. Dear Governor Chris Christie,

    On June 28, 2015, Brian Fletcher traveled from his home in North Carolina to Trenton, New Jersey, to assist with disaster relief efforts. With little time to mobilize, he conducted himself in the proper and legal fashion of a North Carolinian by dutifully informing your law enforcement officers that he had a firearm with him in his truck.

    You have the power to pardon this man and not unduly deprive him of liberty and his livelihood. His family depends upon him to be the law-abiding man we all know he is.

    Show your understanding of the principles of our Founding Fathers by granting Brian Fletcher of Butner, North Carolina, a pardon for the unconstitutional felony the State of New Jersey has levied against him for this honest mistake. Even better would be to work to repeal your state’s unconstitutional firearms regulations that make criminals out of honest citizens, and do nothing but render the people of New Jersey defenseless against your rampant violent crime.

    As a registered voter I will be watching this case closely to determine whether or not you are worthy of being President of my United States.

    Regards,

    Your name here

    (There, I fixed it for you)

      • Sharing ownership with other citizens doesn’t make this country any less mine. I used the word ‘my’ to remind the sad sack that the government he thinks he should run is “Of the people, by the people, and for the people”. Career politicians too often forget that they work for us.

  13. Most states send you a small info packet along with your carry license when you get it in the mail. If I were drafting those packets, I’d have a huge red piece of paper with NJ, NY, MA, CA and so on listed, with the explicit boldface warning that the license was not valid in those states.

  14. I pray that he gets a speedy satisfactory completion to this unfortunate event I.E. He gets left the hell alone! and told to have a nice day, sorry for the inconvenience.

    With that said, a bit of advice to “anyone” in such a situation; Talking about disaster relief, good; Talking about climbing high towers and not wetting yourself doing it, Great; Talking about how you and your guys gave no thought to dropping what your doing to help other in need, Bloody Awesome; Volunteering that you have a weapon on/near/inside [what ever, fill in the blank] TMI = to much info. this information brings nothing to the discussion being had with said LEO and I’m sure the LEO’s first thought was, now why the hell did you tell me this? this was a simple stop and identify have a short conversation and be on your way, to anywhere but where the leo is not at that moment.

    Again sorry for the sitrep for this guy but could have been avoided by remembering who he was talking to and that includes back home in NC.

      • At least Ralph gets it. Everybody whines about their 2a rights but never exercises their 5th.
        All three of the yoyos that have made headlines by getting busted in NJ told the cop they had a gun.
        If you don’t know your rights you don’t have any.
        If each of these people had STFU they would have been able to raise a defense in court. When you spill the beans it’s over.
        Don’t talk to the police in your state and don’t talk to the police in shit hole states like NJ. IF You’re that f’ing stupid you’ve got it coming.
        Quit watching football, soccer and WWF. Educate yourself.

  15. What an honest Man… It’s really sad to see this happen; too bad he didn’t realize what he was up against… Should have STFU…

  16. New Jersey is brutal on gun rights. I don’t think the state constitution recognizes the right to keep ans bear arms. In this day and age, however, there is no excuse for not knowing which states are gun friendly. There are several apps available for this purpose. He should also know that Delaware and Maryland aren’t much better. Too bad he wasn’t called to Pa.

  17. I’m not signing and I’m not helping. In the long run, the more good people who get caught upbin this nonsense, the more publicity and perhaps public pressure may be brought to bear to rid NJ of the unconstitutional infringements.

    In the short run, be advised, for the umpteenth time, that firearms laws can and do vary drastically between states. Know before you go!

    As for Governor Christie, will he let them throw the book at what seems to be a good man, or will he intervene again in the midst of a presidential primary election to try to look pro-2A? He isn’t 2A or else he’d work to repeal these draconian laws.

    All he is, is opportunistic and lawless, handing out get out of jail free cards like candy as he competes for the GOP nomination. Once that has passed, he’ll resume his hardcore hatred for all people, their liberty, and especially people who employ their liberty to oppose him.

    • You’ve staked out a very hard-nosed position — one that I completely understand. I disagree to this extent: Brian Fletcher volunteered to fix cell towers, not to be the test case. Besides, it would take thousands of Brian Fletchers to move NJ, and millions to move the US.

      As far as your reading of Chris Christie is concerned, it’s spot on. He’s an unprincipled opportunist with the ethics of a pickpocket.

      • Consider and even harder position (which I’ve mentioned here before – but I’ve come to reconsider as being too drastic). Full disclosure, I’m a resident of a western NY county that’s reasonable regarding shall issue.

        Bottom Line: Screw Reciprocity for Slave Areas like NJ and NY City.

        Free States like NC should explicitly criminalize all NJ and NY City CCW holders.
        Sorry NYPD officers!
        Sorry NJ Police!
        Sorry any other Blue Elitist or Capos who somehow “qualify” for their CCWs!

        Ensure they CANNOT travel and practice at Free States gun ranges.
        Ensure they have FEWER rights than ordinary NY and NJ citizens who visit and want to pick up a handgun.

        What do you think?

        • Wouldn’t NYPD and NJSP have LEOSA permits anyway?

          You’d just be preventing well-connected NYC celebrities such as Howard Stern, Anthony Cumia, and Glenn Herman of NYC Guns from fully enjoying visits to free states.

          Hell, what if John Stossel finally gets his NYC CCW?

          Besides, they need only present their UT card and work around your little scheme.

  18. That cop didn’t need to arrest him. He could have stated the law and suggested he go home and stash his weapon and I guarantee he would have done that. But instead, the cop did what just about every other cop would do, be a fascist and destroy the life of a perfectly peaceful citizen who didn’t harm or threaten anyone.

    And no, “Just doing my job” doesn’t cut it.

    • OK, the arresting officer’s job may have been on the line. Discretion may not have been an option.

      That said, look at my reply to Ralph above. If you live in a free state, consider making the NJ arresting officer (and anyone else with a NJ CCW) a criminal if he visits your state with a gun.

  19. Yet another example of why you should exercise your right to remain silent and not incriminate yourself. Do NOT EVER volunteer anything to any agent of local, state, or federal governments. They are not your friends. They are not there to help you. They are there to carry out their agenda whatever that may happen to be. Sometimes their agenda may be of benefit to you. Quite often their agenda does not benefit you. Since you have no way of knowing their agenda, keep your mouth shut.

    This is even more critical since our courts, which refuse to honor the Second Amendment, still seem inclined to honor the Fourth and Fifth Amendments when it comes to police rolling up on someone without any probable cause. Thus, while that New Jersey police officer may have arrested that man, torn his vehicle apart looking for a firearm, and then hauled him off to jail upon finding a firearm, the courts would promptly and summarily thrown out that prosecution if the man had kept his mouth closed.

    • Anyone who hasn’t seen this video (link right here) it is an absolute MUST-see. A law professor explains exactly why talking to the police can only hurt you and never, ever help you.

  20. I usually start out by saying “I’m sorry, but I’m not sorry. Know the laws in states you wish to travel. I don’t care how spur of the moment it is. Also, DON’T tell the cops ANYTHING! NEVER EVER volunteer information. If you are on solid legal ground, in your home state, or for instance in my case, with a Washington and Arizona cwp, permit, I know I can carry in Idaho, Montana, Utah, but until recently, not Nevada. If I had my gun with me, which I usually do and got stopped or otherwise had contact with law enforcement and I am legal, sure tell them. If I got stopped in Nevada, I sure as hell wouldn’t tell them I had a gun in the car. That’s stupid! Why not tell them about the dead body in the trunk, or about your stash of weed, or you know damn well that double-din satellite navigation deck you bought for 20 bucks in the alley behind the bar and is now installed in your dash is probably stolen. Why not tell them about the two Valium 10s in your wallet that you stole from your mother in law while visiting her last week.

    Never consent to search. Refusal to consent to search will certainly cause the cop to tell you that refusal makes him suspicious, but refusal does not raise reasonable suspicion or articulatable suspicion or also knows as probable cause, so they can’t use refusal to consent to search as a reason on an affidavit requesting a warrant.

    Know the laws, know your rights and for gods sake, don’t volunteer information. That’s retarded and every lawyer on the planet will advice you to keep your mouth shut. Don’t volunteer information.

  21. Forget letters, appeals, ect. Just get all the line crew companies together and get them to agree that New Jersey is Terra Incognito. Have all the crew members pledge to not step foot in the Garden State until this injustice is rectified. The first good ice storm of the next winter, when all the high tension lines are laying on the ground, tell the authorities what it will take to get service: complete pardon and expunged record.

    • this would work. Sadly, it won’t happen. Most line companies are Union. Unions are Democrat hot houses.

    • money trumps principle, every time.

      think about it. when have you ever faced a situation where your principles mean leaving your job without a safety net of some sort? what conflict between money and principles WOULD cause you to refuse business/income? have family? what would they say to no paycheck for a month or so (not everyone can walk off one job and onto another with impunity). how many episodes have you read on this forum of anybody losing a job or income because of principles? (maybe one or two, but they are so rare they are forgotten).

  22. I am so glad I don’t live in that state anymore. Its a good thing he didnt have hollow point bullets in the gun. Each bullet carries a mandatory 1 yr prison term. If it was a Glock that would mean 17 years BEFORE the time fore the actual pistol.

    Sad thing is if he were a thug practically nothing would have been done to him.

    • Its a good thing he didnt have hollow point bullets in the gun. Each bullet carries a mandatory 1 yr prison term. If it was a Glock that would mean 17 years BEFORE the time fore the actual pistol.

      Sad thing is if he were a thug practically nothing would have been done to him.

      This is an excellent example to apply the proverb, “Actions speak louder than words.” New Jersey’s action in this case speaks very loudly and it speaks volumes. And what does New Jersey’s actions say in this case? It says that good people who have not harmed anyone, who have not expressed any intention to harm anyway, who are doing good deeds for the region, and who have firearms, are enemies of the State of New Jersey. Think about that.

  23. Part of the current legal responsibility (whether it is just or not) is that a person has a responsibility to know the laws of the foreign government you go to visit. Everyone has access to the internet and the laws are freely posted and easily accessible. There are places with graphic displays for every state you might visit.

    I’ve no pity for people not following the laws in such an irresponsible way.

    • Exactly. After that nurse from PA, is there a gun owner anywhere that doesn’t know that NJ is a rights-free zone?

      What, you want me to do disaster relief work in NJ?
      F**k NJ. Let them fix their own disaster.

    • But Skyer, are their “laws” lawful? Or are they “nullities”?:

      Marbury v. Madison, 5 US 137: “The Constitution of these U.S. is the supreme law of the land. Any law that is repugnant to the constitution is null and void of law.”

      Murdock v Penn, 319 US 105:(1943) “No state shall convert a liberty into a privilege, license it and attach a fee to it.”

      Shuttlesworth v. Birmingham, 373 US 262:(1962) “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.”

      Miranda v. Arizona, 384 US 436: “Where rights secured by the constitution are involved, there can be no rule making or legislation which would abrogate them.”

      Norton v Shelby County, 118 US 425: “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never passed.”

      • ok, unfettered, unbridled, unrestricted right to bear arms is constitutional, anything else is not.

        so what?

        how many people on this forum are now in new jersey (or anywhere) blatantly defying restrictions on bearing arms? how many? if an unconstitutional law is null, where are the successful cases of people defying gun laws and staying out of jail/court? who on this blog reported marching around violating local restrictions and being immune from arrest? why is there not a mob of gun owners clogging the streets of the capitols of states restricting gun rights?

        the incident here was not, not a protest or challenge to restrictive gun laws. it was an irresponsible action in that either the subject knew the laws, violated them and paid the price (to which he has not claimed intent), or the subject was ignorant of the laws and irresponsibly did nothing to learn. since the subject did not claim martyr status, which do you suppose is the reason he was arrested.

        screaming “rights” “rights” “rights” does nothing to either cause dismissal of charges of violating new jersey gun law, not doe it do much to change the laws. screaming at our own elected ripoffs might have some impact, but it will have little effect in/on other states and municipalities.

        this is simply an irresponsible gun owner of the day situation.

        btw, the “four rules” are not constitutionally mandated. i should be allowed to violate all of them all of the time. acting responsibly?

  24. I guess I haven’t been following the news close enough… What disaster was this guy responding to? I mean, aside from the general ongoing disaster that is New Jersey on any given day, was there some kind of catastrophe I missed?

  25. Nobody, except the voices of false dilemmas and strawmen in your head, suggested doing nothing. Just because you have a bad idea, doesn’t mean I have no ideas. I recommend working bilaterally, even multilaterally, at the state level to expand reciprocity agreements. Why?

    For starters, it’s a tactic that is already working, while bills for national reciprocity sit stalled in Congress and would be vetoed anyway.

    Additionally, state by state agreements are incremental and less likely to attract notice, let alone major opposition. Moreover, reciprocity is often at the discretion of the state Attorney General or perhaps Director of the State Police, so it’s potentially quicker and easier for not having to obtain legislative and governor approvals.

    As such, it’s a clean transaction that affects only its own state and isn’t susceptible to legislative logrolling and last minute amendments, like with FOPA. Remember FOPA, or are you too young? That 1986 well-intentioned federal law was supposed to grant interstate travellers a safe harbor and relief from the patchwork of state laws (hmmm…….where have I heard that great federal idea before….?) Well.

    Instead, that worthless, toothless civil rights mocking law only gets lip service. In real life, travellers are still arrested in slave states like NJ, despite abiding by the law. Even air travellers involuntarily diverted to a slave state airport have been arrested, despite complying with the law. Maybe they get off in the end, maybe not, but there’s a whole lot of interstate legal defense and expense to contend with first. Nice.

    Beyond this law’s impotence and false sense of security for travellers, FOPA also cost us our machine guns. Want a machine gun? You cannot legally own one that wasn’t in existence and registered by 1986. Want one of those older ones? Great! Go mortgage your house. Some can be had for under ten grand, but most are far more expensive. Thank you, federal Firearms Owner “Protection” Act!

    So keep on swinging for the fence with a federal national reciprocity bill, instead of building coalitions at the state level and getting on base. You’re going to strike out spectacularly. Please, just try to avoid getting new semi-autos banned, too, ok?

    • I prefer to advocate for CONSTITUTIONAL CARRY THROUGHOUT THE U.S. AND ITS TERRITORIES AND POSSESIONS as PROTECTED by the Constitution of the U.S.!

      Advocating for “PERMIT RECIPROCITY” is simply surrendering your fundamental, natural RIGHT to bear arms for lawful purposes to the state in return for their “permission” to exercise your fundamental, natural RIGHT under their UNCONSTITUTIONAL conditions.

      Duhhhhhhhhh!!!!!!!!!!!!!!!

  26. I would move to New Jersey for a job, if I was offered $1000 a week, and a hiring bonus, in cash of $25,000, paid in advance and in my original state, with no conditions except that I had to stay in NJ for at least an hour, just long enough to buy a return ticket!

  27. I feel bad for this guy, but he’s a dope for bringing a gun into the COMMIE slums of NJ. Know the law before you leave your home state with a gun.

  28. If we have to reciprocate on gay marriage then this too should be reciprocated. If each state has to honor the others marriage “rights”, then they have to honor a CONSTITUTIONAL right. I believe this is the case that the ACLU should be all over–or do they only protect libs

  29. Its really too bad that states just deny extradition and tell New Jersey “they can do what they like, but Our citizens will not lose their 2nd amendment rights because your state thinks the wrong side won the revolutionary war.”

    • I think you left a word out of your first sentence — you want NC to deny extradition, right?

      I’d say that’s a good idea, but in return NJ would just refuse to allow NC citizens bail.

      Then NC should call up their National Guard and go get their citizen back.

      • You are kidding, right? The NC National Guard still has muskets from the 1700’s and maps that only show the old coach roads. They would be lucky to get to Richmond within a month.

    • What is really sad, New Jersey was the FIRST state to ratify the Bill of Rights… imagine that…

  30. I spent less than 24 hours in New Jersey about a year ago to attend a funeral on short notice. Two things struck me about my brief visit. The first was paying an unexpectedly large toll shortly after getting in the state. The second was not being able to pump my own gas when I got to a gas station, which I was told is illegal in the state. That was a surreal moment when I realized the pump attendant wasn’t kidding.

    For those of us who don’t travel so much outside our own state, it can be surprising at times how much crossing those state lines means crossing into a new reality where we leave behind certain freedoms we take for granted, some minor, some not.

  31. Sorry, not a fan of NJ’s laws. I want them fixed.

    However, this isn’t the first time people have been caught up in their stupid gun laws. The last one made major publicity. So there’s no reason this guy couldn’t’ve known. And even if not, ignorance of the law doesn’t excuse one from obeying it.

    Hope his case brings to light that NJ’s gun laws are evil. But as of right now, it looks like he’s in for some punishment, unfortunately.

  32. The proper response the next time NJ is hit with a hurricane and requests help from first responders is, “Fuck you you fucking fuck.” That’s Jersey Weak.

  33. He needs to call Saul (reference to breaking bad). Seriously, I lived in the Carolinas (Raleigh and Wilmington). I did legitimate disaster relief (with the Red Cross and later FEMA.). Both organizations had rules against packing heat. He took a gun to New Jersey. He’s screwed and it’s his own fault. What happened to taking responsibility for your actions, or does that not apply to ammosexuals who are breaking the law?

    • He is responsible for his actions, however, I don’t value the opinions of an Ammophobe or Hoplophobe very highly.

  34. That sage advice to never ever talk to the police is kind of hard to follow when you’re doing disaster relief and probably need to coordinate efforts with the police.

    • When I had my concealed carry permit in North Carolina the holder was required to immediately notify an approaching officer that they had a weapon. What he did was appropriate in NC, not so much in NJ.

    • Uh, this is gun website and we’re talking guns here…when coordinating with out of state LE about disaster relief, it’s best not to say to them… “Hey, lookie here ossafer, ain’t this a perdy .45?” Especially in NJ…KEEP YER MOUTH SHUT.

  35. I altered the last portion of the form letter, reminding him that we are watching as he runs for president. Feel free to adapt and reuse as you like.
    “I ask that you show your understanding of the principles of our Founding Fathers and the meaning of the 2nd Amendment by immediately issuing a full and complete pardon to Brian Fletcher for this so-called “felony” charge the state of New Jersey has levied against him.
    “A pardon to Brian Fletcher will surely exhibit goodwill to your Southern neighbors and will undoubtedly burnish your reputation as a man who stands by the Bill of Rights as you undertake your presidential campaign in 2016.”

  36. The Governor has fixed the case with the Penn. nurse who had a concealed carry in her state. The State prosecutor in the case of the Loomis driver.
    I don’t know what happened with the 74 year old man with 1700s flintlock in his car. I do know I can rob a gas n go and a bank simultaneously with a flintlock.

    They need to fix their law. Interpretation requires too much reasonable consideration.

  37. NO, NO, NO!

    THIS is a KNOWING VIOLATION OF CIVIL RIGHTS UNDER COLOR OF LAW by the arresting officer, his department, the city/county and state of NJ!

    Mr. Fletcher’s first mistake (not counting voluntarily informing the officer) was probably in NOT reserving his rights by writing,”UNDER DURESS, ALL RIGHTS RESERVED w/out prejudice” above his signature on the citation/charges. His second was to hire or accept an “attorney”. Look up the legal definition of “attorn”*.

    *Attorn: Black’s Law, Fifth Edition: To turn over; to transfer to another money or goods; to assign to some particular use or service. To consent to the transfer of a rent or reversion. …{It actually gets worse if you keep reading].

    As Officers of the Court they have an INHERENT conflict of interest/duty in representing their client as a “fiduciary.” Their primary duty is to the court and it is, specifically, to assist the defendant in complying with the courts’ procedures, rules and in coming to agreement with the court regarding their offense/s.

    Mr. Fletcher needs to IMMEDIATELY file COUNTER CLAIMS in this case and get serious about defending his RIGHTS.

    When they “should have known or knowingly” violate your rights UNDER COLOR OF LAW, they do so at their own peril – IF YOU KNOW YOUR RIGHTS AND HAVE THE COURAGE TO “SUPPORT AND DEFEND” THEM. Refer to these US Codes:

    18 USC Sections 3, 4, 241, 242, – CRIMINAL
    42 USC Sections 1983, 1985, 1986 – CIVIL

    Use the 14th Amendment to PIERCE their “qualified immunity.” That goes for JUDGES too contrary to popular belief (some of the jurisprudence references below address that subject).

    Marbury v. Madison, 5 US 137: “The Constitution of these U.S. is the supreme law of the land. Any law that is repugnant to the constitution is null and void of law.”

    Murdock v Penn, 319 US 105:(1943) “No state shall convert a liberty into a privilege, license it and attach a fee to it.”

    Shuttlesworth v. Birmingham, 373 US 262:(1962) “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.”

    Miranda v. Arizona, 384 US 436: “Where rights secured by the constitution are involved, there can be no rule making or legislation which would abrogate them.”

    Norton v Shelby County, 118 US 425: “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never passed.”

    Jones v. Counce 7-F3d-1359-8th cir 1993; Benitez v. Wolff 985-F3d 662 2nd Cir 1993: “Qualified immunity defense fails if public officer violates clearly established right because a reasonably competent official should know the law governing his conduct.”

    Owens v. Independence 100 S.C.T. 1398: “Officers of the court have no immunity, when violating a Constitutional right, from liability, for they are deemed to know the law.”

    Boyd v. US, H6 US 616: “The court is to protect against any encroachment of constitutionally secured liberty.”

    There are more but that’s pretty convincing to me.

    I know, what I’ve written above probably goes against everything you’ve ever been taught but Freedom ain’t free and it’s getting mighty scarce in America these days!

    Good luck, Mr. Fletcher.

  38. “it was the right way I was supposed to handle it.”

    No, it wasn’t. If you’d kept your mouth shut this wouldn’t be happening.

  39. I, too, an a telecom tech by trade. I was working in Philadelphia some years ago, and was traveling armed. Missed my turn on the way the hotel one night, and wound up in Camden. I had a Glock 19 and 50 rounds of hollowpoint ammo in the car. Fortunately, I was able to escape back to Pennsylvania without being caught. By crossing a line on a map, I had committed at least 52 FELONIES under New Jersey law (1. unlicensed handgun; 2. unregistered handgun; 3-52. hollowpoint handgun ammo is illegal in N.J., and EACH ROUND is a FELONY count.)

    Screw New Jersey. I won’t even fly over it.

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