The Laws Are A Problem When They Sweep Up The People Who Aren't A Danger To Society
A 72-year-old retired New Jersey schoolteacher, Gordon VanGilder, was arrested on felony charges for possessing a 225-year-old flintlock pistol.
He's now facing up 10 years in state prison with a minimum mandatory three-to-five and a half years, no chance of parole, as his lawyer said.
And these guns are considered antiques under Federal law, his lawyer said.
VanGilder said, "Maybe technically I did violate New Jersey law, but if that's the law, as a very wise man said once up on a time, 'the law is an ass.'"
"You have a slingshot in New Jersey, you face a felony charge," said his lawyer.
"Apparently, there must be a lot of drive-by shootings in North Jersey," to explain the state's nervousness about ancient flintlock pistols, VanGilder said.
See the New Jersey gun laws here. Here's an example of how crazy these laws are:
Carrying a firearm in a locked container in checked luggage in an airport terminal to declare it to the airline constitutes unlawful possession and is not protected under the law.This decision was a direct result of a 2005 incident where Gregg C. Revell, a Utah Resident with a valid Utah Concealed Firearm Permit was traveling through Newark Airport en route to Allentown, Pennsylvania.
Because of a missed flight, he was given his luggage, which included a properly checked firearm, and was forced to spend the night in a hotel in New Jersey. When he returned to the airport the following day to check his handgun for the last portion of the trip, he was arrested for illegal possession of a firearm.
Revell lost his lawsuit after The U.S. Court of Appeals for the Third Circuit held in Gregg C. Revell v. Port Authority of New York and New Jersey, [222] held that "Section 926A does not apply to Revell because his firearm and ammunition were readily accessible to him during his stay in New Jersey."
This opinion will apply to NJ airports. If you miss a flight or for any other reason your flight is interrupted and the airline tries to return you luggage that includes a checked firearm, you cannot take possession of the firearm if you are taking a later flight.
Laws like this serve three purposes: (1) DAs rack up easy convictions and make their numbers look good. (2) Politicians can say "we're doing something about gun violence!" (3) The state's leftists can feel good that, as human beings, they are superior to those redneck hicks in flyover country.
Cousin Dave at February 16, 2015 7:37 AM
And to add: If Chris Christie were the libertarian conservative that he claims to be, he'd pardon Revell and order the state attorneys not to prosecute any more cases of this type.
Cousin Dave at February 16, 2015 7:39 AM
I had exactly the same thought about Chris Christie. He can't even run his own damn state. I would never consider voting for him.
Robintn at February 16, 2015 7:48 AM
When has Christie ever claimed to be libertarian or even conservative?
He's a former-DA. He's Republican. That doesn't mean libertarian or even anti-statist.
He's good with Big State. He's just happier when he runs it.
Unix-Jedi at February 16, 2015 9:45 AM
Why, oh why did he allow the police to search his car?
"No, sir, I do not content to a search. Am I free to go now?"
He was just pulled over for a traffic violation; there was no justification for a search. Had he refused, they would have had to let him go on his way.
Not that there is any excuse for stupid laws like this. I wish that the general population understood jury nullification, because this is what it is meant for.
a_random_guy at February 16, 2015 12:59 PM
"When has Christie ever claimed to be libertarian or even conservative?"
He used to claim to be libertarian aligned, at the time the Tea Party was first getting started.
Cousin Dave at February 16, 2015 1:36 PM
Should you happen to find yourself on this jury it seems like a great opportunity for jury nullification.
JFP at February 16, 2015 8:33 PM
Somebody at the police department wanted his pistol.
Lastango at February 16, 2015 10:14 PM
Ditto JFP... Jury Nullification is how we can legally give The Finger to our corrupt court system. This is why I always look forward to a summons for jury duty. The one time I actually made it to the jury box, though, I got dismissed. On the way home, I was in the library and happened upon an article about Jury Nullification, the first I'd heard of it, which is certainly a defendant's last-ditch defense against an unreasonable complaint. Judges and lawyers demand that we not allow our feelings to cloud our decision, and only go by the facts, but that's not true at all!
jefe at February 17, 2015 1:57 PM
Not only is the "law an ass" in cases like this; these laws were/are written by asses.
These kinds of "gun control" laws don't do squat to bring down gun violence. But, they are as Cousin Dave said - about making others feel good about themselves.
charles at February 17, 2015 2:01 PM
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