Brian Aitken sentence commuted to time served

[Guest mosinon]

He still got screwed but at least he is getting out.

The Gov. Commutes the sentence

[Reservoir Dog]

Good for him! It should have been a pardon, but at least he won't spend 7 years in jail.

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[Oh Shoot]

He still got screwed but at least he is getting out.

...

Yeah.

But still, now a convicted felon. Wow.

- OS

[Smith]

At least the paper added this little note:

Editor's note: An earlier version of this story incorrectly referenced New Jersey gun laws and misidentified the state where Aitken had legally purchased the guns.

[Guest NashvegasMatt]

It's sad that he had to spend any time in, but at least he's on his way out. As for the felony charge, I thought on a commuted sentence that could be changed as well....but I'm no lawyer.

[daddyo]

Gov. Christie is considering a pardon:

More on the Brian Aitken front: Christie considering a pardon | NJ.com

[DaveTN]

Good for the Governor. This sends a public message that the Prosecutor that pursed this case was incompetent.

[Guest tnxdshooter]

Good for the Governor. This sends a public message that the Prosecutor that pursed this case was incompetent.

Like that duke prosecutor there in nc that prosecuted those lacrosse players.

[Chief07]

Glad the Gov. Saw the light. But now a full pardon is in order.

Jersey Judges are so far to the left.

[shortround]

Looks like his legal team is going to continue to appeal to try to get the conviction completely overturned. Maybe the Gov. is going to wait for that to play out before he makes a decision on a pardon.

[StPatrick]

Looks like his legal team is going to continue to appeal to try to get the conviction completely overturned. Maybe the Gov. is going to wait for that to play out before he makes a decision on a pardon.

That squares with what I've read - a pardon was never requested. With a commutation, the appeals process can move forward with Aitken out of prison, and if it fails, he doesn't go back. It seems likely, based on the conduct of the judge (who was removed from the bench by Christie over an unrelated poor ruling), that at appeal a mistrial will be called, and I doubt the state would move to re-try at that point.

Asking for a pardon would have been much more risky for Aitken - if the Gov didn't grant it, he'd stay in jail throughout the appeal process.

Either way, it's good to be in TN. NJ seems to be very comfortable in their handbasket.

[StPatrick]

That squares with what I've read - a pardon was never requested. With a commutation, the appeals process can move forward with Aitken out of prison, and if it fails, he doesn't go back. It seems likely, based on the conduct of the judge (who was removed from the bench by Christie over an unrelated poor ruling), that at appeal a mistrial will be called, and I doubt the state would move to re-try at that point.

Asking for a pardon would have been much more risky for Aitken - if the Gov didn't grant it, he'd stay in jail throughout the appeal process.

Either way, it's good to be in TN. NJ seems to be very comfortable in their handbasket.

BigGovernment.com has done a good job of following the case in detail - for more info, check them out.

[shortround]

That squares with what I've read - a pardon was never requested. With a commutation, the appeals process can move forward with Aitken out of prison, and if it fails, he doesn't go back. It seems likely, based on the conduct of the judge (who was removed from the bench by Christie over an unrelated poor ruling), that at appeal a mistrial will be called, and I doubt the state would move to re-try at that point.

I'm not a lawyer, but the decisions by the judge in this case seemed to be completely whacked-out.

[Oh Shoot]

... based on the conduct of the judge (who was removed from the bench by Christie over an unrelated poor ruling), ....

I'm not a lawyer, but the decisions by the judge in this case seemed to be completely whacked-out.

Judge is indeed off the bench. Was my understanding he was not in a lifetime appointment, and Christie did not re-appoint him rather than zap him, but whichever, he seems to be gone.

- OS

[Guest Letereat!]

This is a bit of good news indeed. Encouraging to know that some Government officials are using common sense and respect the "spirit of the law" instead of mindlessly crushing an innocent civilian to make a political point.

[Jonnin]

I think it was the publicity. Without it, he would have been left to rot in jail, but the outrage over it was making it much more attractive to let him go. I do not think he would have won that commute or whatever its called if not for the bad PR as a driving force.

[E4 No More]

I think it was the publicity. Without it, he would have been left to rot in jail, but the outrage over it was making it much more attractive to let him go. I do not think he would have won that commute or whatever its called if not for the bad PR as a driving force.

Seeing the governor speak on several occasions, he doesn't strike me as the type to do something like this for political points. He seems to be a no BS type of man who actually uses common sense rather than political posturing. I could be wrong, but that's my take on him.

[vontar]

This is a bit of good news indeed. Encouraging to know that some Government officials are using common sense and respect the "spirit of the law" instead of mindlessly crushing an innocent civilian to make a political point.

Plus 1

been away for a few days, but lets hope he gets a pardon.

[Guest 731david]

These kinds of stories is why I would advocate for national carry permit law.... I dont see why it couldnt be done much like our DLs...Yes, I know there are pros & cons to this...just my 2 cents...We all have warm fuzzy dreams of the 2nd amendment spreading to every corner of the country...

[DaveTN]

These kinds of stories is why I would advocate for national carry permit law.... I dont see why it couldnt be done much like our DLs...Yes, I know there are pros & cons to this...just my 2 cents...We all have warm fuzzy dreams of the 2nd amendment spreading to every corner of the country...

I don’t want the Feds in charge of carry regulations. The states wouldn’t agree anyway; it’s why we don’t have a national DL.

[Guest 731david]

Yeah I know, but something needs to be do on a federal level to protect folks from crap like this...is that not the feds job, to protect our liberties granted by the constiution...this state says this, well my state says ect....whats wrong with a national standard of some sort...

[Oh Shoot]

Yeah I know, but something needs to be do on a federal level to protect folks from crap like this...is that not the feds job, to protect our liberties granted by the constiution...this state says this, well my state says ect....whats wrong with a national standard of some sort...

Because once the feds get jurisdiction over anything, they can tweak it as they please.

It would be as easy to terminate handgun carry nationwide as it would be to standardize it.

- OS

[DaveTN]

Yeah I know, but something needs to be do on a federal level to protect folks from crap like this...is that not the feds job, to protect our liberties granted by the constiution...this state says this, well my state says ect....whats wrong with a national standard of some sort...

Because the National Standard will be stricter than the state of Tennessee and it will violate States Rights.

States are responsible for creating and enforcing their own laws. Sure… the Feds are involved in overseeing some things. Which would you like to hold up as a shining example ATF, IRS, Homeland Security, TSA?

Bottom line is that you have the responsibility of knowing the firearms laws of the states where you are going to transport or carry firearms. Having a mother that calls the calls the cops, tells them she thinks you are suicidal and have guns in your car doesn’t help either. The cops did about the only thing they could do; they arrested him and seized the guns. I was a cop and I would have done the same thing to get him into the mental health system. But I never would have expected a Prosecutor to pursue it in a criminal case unless he failed to get the help he needed.

Also keep in mind that this was not a case of a gun owner traveling through states making a move from one state to another. He had been in the state for some time and was violating his states laws on transporting firearms.

The state law needs to be changed, and the Judge overreacted in his sentencing.

I for one don't think any of us need "Help" from the Feds when it comes to gun laws.

[Fallguy]

The last National Carry bill that was introduced didn't set any Federal Standards, it simply said that if a state issues a carry permit, they must honor another state's carry permit. You would still be subject to the carry laws of the state you were in, just as you are subject to the driving laws of the state you are in.

So since CA issues permits (although rarely I take it) any other state's permit would be valid there. But since IL doesn't issue permits...still no carry there.

That said...I'm not 100% sure it's a good idea. I would just rather see all 50 state's adopt VT/AK/AZ carry.

[DaveTN]

The last National Carry bill that was introduced didn't set any Federal Standards, it simply said that if a state issues a carry permit, they must honor another state's carry permit.

So since CA issues permits (although rarely I take it) any other state's permit would be valid there. But since IL doesn't issue permits...still no carry there.

CA does not recognize a Tennessee permit.

I don’t know how many of these others states have permits.

<O:pHandgun Carry Permit Reciprocity Information</O:p

Do Not Recognize TN Permits

• California
  
• Connecticut
  
• Hawaii
  
• Illinois
  
• Iowa
  
• Maine
  
• Maryland
  
• Massachusetts
  
• New Jersey
  
• New York
  
• Oregon
  
• Rhode Island
  
• Washington
  
• Wisconsin