Evan Nappen - New Jersey Firearms Attorney - Brian Aitken Case

Published on December 3, 2010
Duration: 15:44

This video discusses the legal case of Brian Aitken, a New Jersey resident convicted of unlawful firearms possession. Firearms attorney Evan Nappen explains how convoluted New Jersey gun laws, particularly regarding exemptions for possession and transport, can lead to severe penalties for law-abiding citizens. The discussion highlights the potential for injustice due to judges allegedly refusing to provide juries with relevant legal exemptions, and the importance of public awareness and advocacy for sentence commutation and legal reform.

Quick Summary

New Jersey's gun laws are exemption-based, meaning law-abiding citizens are presumed guilty and must prove they meet specific exemptions to avoid conviction. Attorney Evan Nappen highlights the case of Brian Aitken, where alleged judicial refusal to provide jury instructions on exemptions led to severe penalties, including a mandatory minimum sentence.

Chapters

  1. 00:00Introduction of Evan Nappen
  2. 00:13Brian Aitken Case Update
  3. 00:38Two Roads to Save Brian Aitken: Appeal & Clemency
  4. 00:51Governor's Power to Commute Sentence
  5. 01:17National Coverage and Public Consciousness
  6. 01:53Brian's Sacrifice for Legal Reform
  7. 02:01Problems with New Jersey Gun Laws
  8. 02:21Convoluted NJ Gun Laws
  9. 02:31Quote from Ceasefire NJ
  10. 02:56Exemptions and Factual Questions
  11. 03:50Perfect Storm for Injustice
  12. 04:01Exemption-Based Laws: Guilty Until Proven Innocent
  13. 04:11Draconian Penalties for Technical Violations
  14. 04:35Mandatory Minimum Sentences
  15. 04:53Judge's Discretion on Sentencing
  16. 04:55History of NJ Gun Law Changes
  17. 05:22Injustice: Judge Refuses Jury Law
  18. 05:34Strong Case Presented
  19. 05:53State's Claim vs. Evidence of Moving
  20. 06:03Jury's Constitutional Right to Decide
  21. 06:14Judge Refused to Give Law of Exemption
  22. 06:19Jury Asked for Exemptions Three Times
  23. 06:28Judge's Recollection of Ruling
  24. 06:39Affirmative Offense: Process of Moving
  25. 06:45Witnesses Testified He Was Moving
  26. 06:50Jury Begging for the Law
  27. 06:58Judge's Statement Shows Error
  28. 07:04Judge Made a Fact Determination, Not Law
  29. 07:14Give Them the Law
  30. 07:17Jury Would Have Been Victorious
  31. 07:33Due Process Violation
  32. 07:38Scary for NJ Gun Owners
  33. 07:41Possession by Way of Exemption
  34. 07:56Home Exemption Subsection
  35. 08:08Judge Doesn't Give Jury the Law
  36. 08:13Seven Years Presumptive, Mandatory Minimum
  37. 08:22Real Guy in Jail
  38. 08:31Impact on Personal Gun Ownership in NJ
  39. 08:57Worry About Transporting Firearms
  40. 09:20Unlawful Transfer
  41. 09:30Non-Resident Transport Issues
  42. 09:52Making an Exemption Argument
  43. 09:59Innocent Transaction of Father Giving Son Firearms
  44. 10:07No Unlawful Intent
  45. 10:14Facing the Same Problems
  46. 10:21Turning Honest Citizens into Criminals
  47. 10:27Aitken's Case Highlights the Issue
  48. 10:47Proper Procedure for Transferring Firearms
  49. 10:49Dealer Transfer to Another State
  50. 10:58Challenges for Elderly Father
  51. 11:30Story Blowing Up in Media
  52. 11:36What Can People Do?
  53. 11:38Result: Media Attention
  54. 11:47New Jersey Needs to Be Exposed
  55. 11:55NRA News Role
  56. 12:01Reaching People Who Won't Believe It
  57. 12:10Reaching Them Too
  58. 12:18Media Takes Notice
  59. 12:38NRA News Exclusive
  60. 12:54Hope for Release Announcement
  61. 13:00NRA Funding Legal Defense
  62. 13:10NRA Standing Behind Brian
  63. 13:16Funded Through Civil Rights Defense Fund
  64. 13:23Looking on the Appeal
  65. 13:28Significance of the Case
  66. 13:33NRA Helping Fund Cases
  67. 13:41Creating Law Affecting Thousands
  68. 13:52Hope Media Attention Continues
  69. 14:13Governor Does the Right Thing
  70. 14:21Rally for Brian Aitken
  71. 14:37Upcoming Media Appearances
  72. 14:40Armed American Show
  73. 14:43Mark Walters
  74. 14:54Highlighting Years of Discussion
  75. 15:02This Can't Be True? It's True.
  76. 15:10The More You Learn, The More Egregious
  77. 15:15Blood Boiling, How Can This Happen?
  78. 15:22New Jersey's Reputation
  79. 15:36Warning Signs on Borders
  80. 15:39Rally on December 12th
  81. 15:40Request for Another Interview

Frequently Asked Questions

What is the core issue in the Brian Aitken case regarding New Jersey gun laws?

The core issue is that Brian Aitken was convicted under New Jersey's complex and exemption-based gun laws, where even lawful transport or possession can lead to severe penalties. Attorney Evan Nappen argues that judges may have improperly withheld legal exemptions from juries, leading to a potential due process violation.

How do New Jersey's gun laws differ from other states?

New Jersey's gun laws are characterized as 'exemption-based,' meaning individuals are presumed guilty and must prove they fall within a specific legal exemption to avoid conviction. This contrasts with many other states where the burden of proof for unlawful possession lies more heavily on the prosecution.

What are the potential penalties for unlawful firearms possession in New Jersey?

In New Jersey, a conviction for mere technical unlawful possession, without intent to use unlawfully, can result in a maximum sentence of 10 years, with a presumptive sentence of seven years and a mandatory minimum of three to five years, often with no judicial discretion.

What role does the NRA play in cases like Brian Aitken's?

The NRA, through its Civil Rights Defense Fund, provides funding and support for legal defense in cases like Brian Aitken's. Their goal is not only to help individuals but also to create legal precedents that benefit thousands of gun owners across the country.

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