NJ Court Tosses Brian Aitken’s Gun Charges—Save Hollow Point Problem


You may remember Brian Aitken as the young man whose mother ratted him out to the cops (fearing her son’s suicide). As we reported in December ’10, “New Jersey Governor Chris Christie commuted the seven-year prison sentence of Brian Aitken, freeing the Garden State native in time for Christmas. Aitken was convicted of various weapons charges relating to a trio of handguns police discovered in his car in January 2009, along with hollow point bullets and ‘high capacity’ magazines.” And now nj.com reports that a state appellate court has overturned two of Aitken’s convictions. The two-judge panel ruled that . . .

jurors should have been allowed to consider the exemption argument. The panel also overturned Aitken’s conviction for possession of a large-capacity ammunition magazine, saying the prosecution had failed to show the magazines were operable.

However, the judges upheld Aitkin’s conviction for possessing hollow-point bullets, rejecting his argument that ammunition should also fall under the exemption for weapons being moved.

Aitken now lives in the City Too Busy to Hate. It’s not known if the Atlantan immigrant will appeal the final conviction. Also no word on whether or not the decision restores his gun rights. I’m thinking no.

Meanwhile who knew that inoperable high cap mags were exempt from NJ’s law? I wonder if there’s a way to quickly render a high cap mag inoperable. Just thinking out loud . . .


  1. avatar jkp says:

    Kind of floored that a website called “nj.com” actually used the word “magazine” instead of “clip”.

    Re: his gun rights, he still has a conviction — what is the max penalty for the hollow point possession ‘crime’?

    1. avatar Anon says:

      I think its a max of 1 year per bullet. Tried to find a source but gave up.

    2. avatar Anonymous says:

      HP possesion is not penalty per bullet. Until 2012 (it is changing now due to some movement) a single HP bullet posession in state of NJ was crime of fourth degree with up to 5 years in prison.

      1. avatar LarryinTX says:

        Well, that makes perfect sense! Not.

  2. avatar JOE MATAFOME says:

    I guess they stopped this guy from using those “EVIL” hollow point bullets, and the fools at NJ.COMMIE finally got something right.

  3. avatar Pascal says:

    ….and yet for all the money spent, not a single criminal was taken off the street and this did not stop the man who shot another man in the head near a NJ PATH train the other night.

    NJ Gun Laws are Byzantine at best

  4. avatar Aharon says:

    That looks like a fun dog to play with.

  5. avatar Silver says:

    As a refugee from NJ, I couldn’t be happier that I’m free of that shameful state. I’ll never go back.

  6. avatar Ralph says:

    New Jersey limits the possession of hollow point to specified locations. A person can keep hollow points at his dwelling, premises or other land owned or possessed by him. An owner can transport hollow points from the dealer to the dwelling or land. And an owner can transport JHP’s on a valid hunting trip inside or outside the state, as long as he has a hunting license. So far so good?

    I can’t find a provision specifically allowing transport from one dwelling to another. Maybe there is, or maybe there’s case law, but right now it looks to me like Aitken could have JHP’s at his dwelling in NJ and his new home out of state but couldn’t transport the ammo between them. If that’s true, then at least in theory Aitken committed a crime the second he left his apartment with the rounds in his possession.

    NJ lawyers, please correct me if I’m wrong. As a member of the New York bar, I always held New Jersey judges and legislators in very low esteem. However, the bar, or at least the members that I dealt with, was pretty damn good.

    1. avatar Dirk Diggler says:

      NJ is a shithole.

    2. avatar Anonymous says:

      Not exactly true. Moving is exempt and you have 30 days to take care of FID (you have to renew with moving) and other paperwork. That’s what I get as reply from local police officer in my townwship in NJ. Otherwise how can you move if you are already owner of firearms (and obviously ammo)?

      Some judges in state of NJ may have vague understanding of that matter providing weak logic… or they just have plain agenda set by someone.

      1. avatar LarryinTX says:

        How is their understanding of the term “infringed”?

  7. avatar Mike S says:

    So is every LEO in NJ carrying magic “cop killing” JHPs in his ir her duty weapon? That must be an awfully scary job!

  8. avatar Jay says:

    In California, I think, you can have magazine bodies, springs and followers unassembled. They are not considered a high capacity magazine. They are repair parts for magazines. To make a more than 10 round magazine into a 10 rounder you can rivet and epoxy over the rivet to only allow 10 rounds to be inserted. When you escape the state you can free the magazine from its oppression.

  9. avatar Anonymous says:

    The questionable part for me is why high capacity magazines already in possesion are a problem. We know that there is federal limit (or at least it was once) to maximum 15 bullets per magazine for regular person (police officers can have more). So if the magazines were aqcuired legally then how come we now put in doubt ownership during moving? If they were not legal from where they came then Mr. Aitken is in much bigger trouble than with state of NJ firearm regulations. Although if they were legal out of NJ then if it was me I would get rid of them with some FFL place before coming to NJ.

  10. avatar Tom Lawrence says:

    There is so much wrong info. in all of these comments. First – there is (currently) no federal restriction on mag. capacity. There was, between ’94 and ’04, limiting them to 10 rounds. NJ has restricted magazines to 15 rounds since 1990. Secondly, 2C:39-6e provides an exemption for firearms possession while moving from one dwelling to another. HOWEVER, there is no moving exemption for possession of hollow-point ammunition (offense defined in 2C:39-3f). I won’t go into all of the exemptions here, due to space, but simply read the statues CAREFULLY, and you’ll find no exemption for moving. Please don’t ask LE to explain the laws to you (as they frequently misinterpret them), and whatever you do, do NOT try and apply logic, as it doesn’t work. (LOGICALLY, if I’m allowed to transport my handgun from home to home, I should be able to do the same with ammo, right? Wrong).
    Also, 4th degree crimes in NJ are punishable by 1-3 years, not 5 years.

  11. avatar C says:

    I’m going to set to work on those quick detach floor-plates.

  12. avatar rt66paul says:

    But hollowpoint bullets won’t go through a vest. And lead is not supposed to be used, or solid core. So what is left?

    *******************************sarcasm alert******************************

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