New Jersey: Court Upholds Arrest For Visible Gun Case In Car

[JohnC]

Now this is crazy!

http://www.thenewspaper.com/news/41/4110.asp

New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car
New Jersey appellate court upholds five-year sentence for ex-cop who was driving with his legally owned guns.

Readington TownshipMotorists driving through New Jersey can be subjected to a warrantless search if their luggage is similar in appearance to a gun case, an appellate court ruled last week. The Superior Court's Appellate Division upheld a five year prison sentence against Dustin S. Reininger, a former police officer who was in the process of moving from Maine to Texas when a Readington Township police officer recognized the cases in the back of Reininger's vehicle as the sort that usually carries a rifle.

During the long trip on March 20, 2009, Reininger became tired and decided to pull off the road in an empty, well-lit parking lot. He stopped his green Toyota SUV, turned off his lights, and went to sleep in the driver's seat under a blanket. At 3:25am, Officer Gregory Wester knocked on his window and woke him up, shining a flashlight in his eyes. Officer Wester testified that Reininger appeared "nervous and tired." The policeman asked Reininger whether he was carrying anything illegal.

"No, no, all good," Reininger replied.

Reininger believes he was targeted because of his Texas license plates. Officer Wester then looked inside the SUV with his flashlight noticed two nylon cases in the back seat. Once backup arrived, Officer Wester asked for consent to search the vehicle, but Reininger said no. Officer Wester then opened up the vehicle to search the cases "for safety reasons" any way. Reininger was arrested.

After obtaining a warrant, police recovered fourteen rifles, four shotguns and three handguns, including a loaded Glock. A grand juror had asked the prosecutor whether this man would have been charged if he had used a different case.

"Basically, if someone is moving... from Residence A to Residence B, or transporting, say, for example, they just purchased it, so they can transport it to their home, if they are properly secured, locked in a trunk, locked in a special lockbox and unloaded, then that would most likely provide an exception to these requirements, and therefore a defense to being charged," prosecutor Bennett Barlyn explained.

Reininger's SUV did not have a trunk, and state law only requires the firearm be in a "closed and fastened case" or "securely tied package" while transported. His attorney argued the zippered cases satisfied this requirement.

A jury acquitted him of the charges for possession of the "assault firearms" and handgun possession but convicted him in absentia of illegal possession of hollow-point bullets, shotguns, rifles and a high-capacity magazine. He was apprehended in Texas and extradited to New Jersey.

"What I don't understand is I am a citizen without a criminal history who has served this country not only in the military but as a volunteer to my community and as a police officer, not even making hardly any income at all, and I would have given my life to protect another person and for this country," Reininger said in a statement. "How can I be convicted for exercising my right? When does it become a crime for exercising one's right?"

The three-judge appellate panel insisted New Jersey's gun control laws do not violate the constitutional right to keep and bear arms, citing the Supreme Court's recent Heller decision.

"The Second Amendment does not create 'a right to keep and carry any weapon whatsoever purpose,'" Judge Ronald B. Graves wrote for the panel. "Furthermore, the Second Amendment does not preclude the state from regulating the manner in which accessories must be transported."

The court also upheld the warrantless search of Reininger's vehicle.

"Based on the outward appearance of the nylon cases, Wester reasonably believed they contained rifles or shotguns that were easily accessible to defendant," Judge Graves wrote. "In our view, however, the warrantless seizure was not necessary for the officers' safety, because defendant had been removed from the vehicle and there were multiple backup officers at the scene. Nevertheless, we conclude the limited seizure was valid under the plain view exception to the search warrant requirement."

[Troutburger]

Just another reason never to leave Tennessee.

[JohnC]

It's only a matter of time before the left wing migrates their BS to every state.

Look at the education system and what they're teaching kids, what the media and Hollywood push, etc., and you'll see the youth that will be going in to government, etc., will move us continually left.

[LCPfraTN]

This decision is absolute BS!

[Randall53]

Being in the 4th quarter of the game of life is looking better all the time.  I hate to think the world our young people are going to soon be living in if something don't change.

[Lumber_Jack]

I could have gone my whole life believing such atrocities never happened.

5 years...for moving?

A friend of mine who was a Marine who died in Iraq always said "prior planning prevents piss poor performance". If there is a lesson to be learned. HIDE YOUR GUNS AND DON'T STOP Edited June 10, 2013 by Lumber_Jack

[Lumber_Jack]

Oops Edited June 10, 2013 by Lumber_Jack

[Randall53]

In the back of my mind. I've been thinking seriously about a motorcycle trip through New England.....that has been scratched off of my bucket list permanently. So has a Colorado ride. I have NO interest anymore. These are both communist areas of the USA to my way of thinking and not much better than a ride through Mexico as far as being arrested goes. Edited June 10, 2013 by Randall53

[jgradyc]

Something in this story is missing.

 

Why would this guy stop in Readington Township? It's a podunk nothing town at least 10 miles from the nearest interstate exit. It sure sounds suspicious to me.

 

Anyway, the take away for me is never carry anything visible in your vehicle that could be appear to be a firearm or firearm case or anything valuable. I normally toss an old blanket over gear, computers, etc. when I'm traveling.

Edited June 10, 2013 by jgradyc

[Oh Shoot]

Well, I can only say that the guy did not comply with the "safe passage" part of the Firearm Owners Protection Act so he couldn't use that as defense:

 

- all firearms were not unloaded

- at least some of the firearms were readily accessible

- in the case of a vehicle without a compartment separate from the driver's, either the guns or the ammo must be in locked container

 

Also, there's a gray area about stopping for the night, not addressed in the act. Obviously when behind enemy lines, best to get over the damn border.

 

- OS

[enfield]

Why shouldn't he be able to stop for the night any damn place he chooses?  Is this Russia?

[Guest nra37922]

Why shouldn't he be able to stop for the night any damn place he chooses?  Is this Russia?

Depends on where you are in the country.

[Fourtyfive]

He was in Amerussia.

[DaveTN]

but convicted him in absentia

 

And there you have it.

[waynesan]

A few years ago a couple of guys (father and son) joined my shooting range after moving from NJ to TN. They told me several horror stories of persecution against gun owners. The Dad told me that if you want to take a gun to a shooting range (hard to believe they even have any) you must lock up your gun in the trunk and make NO incidental stops between your house and the range. You don't stop to get gas, snacks, use the potty or anything. And the cops are actually given a bonus for catching violaters of the NJ absurd gun laws. The two guys that moved here felt like they had been let out of jail. They just couldn't get over the freedom that we and so many other states have when it comes to gun posession. I just know I will avoid New Jersey if I ever make any trip to the northeast.

[RobertNashville]

Being in the 4th quarter of the game of life is looking better all the time.  I hate to think the world our young people are going to soon be living in if something don't change.

I know exactly what you mean...I'm pretty confident that I'll check out before all this liberal bull #### migrates to the entire country and I'm glad I will.  I feel sorry for the generations behind but I can't help them any more than I already have.

Edited June 10, 2013 by RobertNashville

[Guest Bassman17SC]

Judge R. B. Graves is a moron.  The Second Amendment does not grant ("create") the right to keep and bear arms.  We already have the right to do so.  The Constitution only enshrines and codifies the right.

[tnhawk]

There is no reason I would ever cross the border of New Jersey or several other states (the list seems to growing).

[Chief07]

Now this is crazy!

http://www.thenewspaper.com/news/41/4110.asp

New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car
New Jersey appellate court upholds five-year sentence for ex-cop who was driving with his legally owned guns.

Readington TownshipMotorists driving through New Jersey can be subjected to a warrantless search if their luggage is similar in appearance to a gun case, an appellate court ruled last week. The Superior Court's Appellate Division upheld a five year prison sentence against Dustin S. Reininger, a former police officer who was in the process of moving from Maine to Texas when a Readington Township police officer recognized the cases in the back of Reininger's vehicle as the sort that usually carries a rifle.

During the long trip on March 20, 2009, Reininger became tired and decided to pull off the road in an empty, well-lit parking lot. He stopped his green Toyota SUV, turned off his lights, and went to sleep in the driver's seat under a blanket. At 3:25am, Officer Gregory Wester knocked on his window and woke him up, shining a flashlight in his eyes. Officer Wester testified that Reininger appeared "nervous and tired." The policeman asked Reininger whether he was carrying anything illegal.

"No, no, all good," Reininger replied.

Reininger believes he was targeted because of his Texas license plates. Officer Wester then looked inside the SUV with his flashlight noticed two nylon cases in the back seat. Once backup arrived, Officer Wester asked for consent to search the vehicle, but Reininger said no. Officer Wester then opened up the vehicle to search the cases "for safety reasons" any way. Reininger was arrested.

After obtaining a warrant, police recovered fourteen rifles, four shotguns and three handguns, including a loaded Glock. A grand juror had asked the prosecutor whether this man would have been charged if he had used a different case.

"Basically, if someone is moving... from Residence A to Residence B, or transporting, say, for example, they just purchased it, so they can transport it to their home, if they are properly secured, locked in a trunk, locked in a special lockbox and unloaded, then that would most likely provide an exception to these requirements, and therefore a defense to being charged," prosecutor Bennett Barlyn explained.

Reininger's SUV did not have a trunk, and state law only requires the firearm be in a "closed and fastened case" or "securely tied package" while transported. His attorney argued the zippered cases satisfied this requirement.

A jury acquitted him of the charges for possession of the "assault firearms" and handgun possession but convicted him in absentia of illegal possession of hollow-point bullets, shotguns, rifles and a high-capacity magazine. He was apprehended in Texas and extradited to New Jersey.

"What I don't understand is I am a citizen without a criminal history who has served this country not only in the military but as a volunteer to my community and as a police officer, not even making hardly any income at all, and I would have given my life to protect another person and for this country," Reininger said in a statement. "How can I be convicted for exercising my right? When does it become a crime for exercising one's right?"

The three-judge appellate panel insisted New Jersey's gun control laws do not violate the constitutional right to keep and bear arms, citing the Supreme Court's recent Heller decision.

"The Second Amendment does not create 'a right to keep and carry any weapon whatsoever purpose,'" Judge Ronald B. Graves wrote for the panel. "Furthermore, the Second Amendment does not preclude the state from regulating the manner in which accessories must be transported."

The court also upheld the warrantless search of Reininger's vehicle.

"Based on the outward appearance of the nylon cases, Wester reasonably believed they contained rifles or shotguns that were easily accessible to defendant," Judge Graves wrote. "In our view, however, the warrantless seizure was not necessary for the officers' safety, because defendant had been removed from the vehicle and there were multiple backup officers at the scene. Nevertheless, we conclude the limited seizure was valid under the plain view exception to the search warrant requirement."

New Jersey is out of control.

What a shame.

[Guest Hound]

Just solidifies that I will never visit our nothern states.  It is sad that I would love to go see the museums in D.C. but would never dare step foot in it.  The cancer in our country is spreading...

[Guest semiautots]

I think armed resistance is the only answer to tyranny.

[Dennis1209]

Being in the 4th quarter of the game of life is looking better all the time.  I hate to think the world our young people are going to soon be living in if something don't change.

 

Yea I'm there too, at the one yard line and the ball has been snapped. Sure hope I get blocked from crossing that goal line for awhile.

 

How long before the American population sees these liberals for what the are, traitors and communists.

[Guest Bonedaddy]

Being in the 4th quarter of the game of life is looking better all the time.  I hate to think the world our young people are going to soon be living in if something don't change.

I regret, damn near everyday, for ever havin' kids 'cause of this BS life we done left'm. I just tell'm I'm sorry I couldn't have stopped it and hope that maybe they, somehow, can.

[Joe357]

From someone born and raised in NJ. I can't think of any reason anyone would want to live in that state. I haven't lived there in over 28 years and don't miss it.

[LCPfraTN]

Two reasons that I like visiting NJ...going to NY Giants games and touring the rural areas and small towns, but I'd never live there.