Second Amendment Advocates Say Jersey Gun Laws Have to Change

If law-abiding gun owners in New Jersey can be said to have a poster child, it’s probably Brian Aitken.  

Aitken was in the process of moving from Colorado to Hoboken in 2009 when he was confronted by police in Burlington County. When he was questioned, Aitken’s car contained the last of his belongings he was bringing to his new home -- including his guns, which were unloaded, locked, and in the trunk. The guns were purchased legally by Aitken, who had no criminal record. Before attempting to move his weapons, Aitken had also contacted the State Police and asked for the procedures he should follow when transporting firearms into New Jersey.

(SEE OUR COMPANION PIECE TO THIS ARTICLE, A CONVERSATION BETWEEN A GUN-CONTROL ADVOCATE AND A SECOND-AMENDMENT ADVOCATE.) 

None of those facts, however, did Aitken any good in court --he was ultimately convicted of weapons offenses and sentenced to seven years in prison. Aitken was eventually freed late last year after Gov. Chris Christie took the unusual step of commuting his sentence.

But despite Christie’s intercession, the laws that placed Aitken in jail in the first place are still on the books -- and therein lies the difficulty for people like Robert Barush.

“The major problem with New Jersey gun law is that it does not distinguish between law-abiding people and the criminals,” said Barush, the legislative committee chairman for the New Jersey Second Amendment Society. “We don’t want bad guys to have guns. Unfortunately, New Jersey law makes it illegal even for the good guys to have guns.”

Barush was among the speakers last night at an event hosted by the group and held at Gun for Hire, a Belleville firm that provides training in firearms and self-defense. About three dozen people attended the event, representing a broad cross-section that included old and young as well as several women.

New Jersey’s famously stringent gun-control laws do allow individuals to own firearms. But those laws are subject to interpretation by local law enforcement and judges, who adhere to legal precedents explicitly designed to restrict New Jersey residents’ access to guns, Barush said.

Barush cited the example of someone who wants to bring a gun to a firing range. This is allowed under a “legitimate purpose” exemption to a New Jersey law that generally prohibits the transport of firearms. But judges have wide discretion when it comes to determining whether the gun owner has met the criteria for such exemptions. Aitken, for example,  was convicted even though the law allows New Jerseyans to have their guns in their cars while moving into a new home -- and despite the fact that even a police report noted that his car was stuffed with household items destined for his new address.  

“They’ve basically said, you own a gun at your peril in New Jersey,” Barush said.    

New Jersey law also allows some individuals to obtain “carry” permits. To qualify, however, the applicant much show that he or she faces a tangible threat.  Barush said there was recently a case where a kidnap victim sought a carry permit under this exemption -- and was denied.

Barush cited other hurdles prospective gun owners must face. Someone seeking a permit must undergo a background check, but sometimes this goes well beyond merely checking for a history of criminal activity. (Barush said his group is not opposed to strictly criminal background checks.)

In some instances, applicants have been required to allow police to obtain information about the applicant’s credit history, employment, education and juvenile criminal record.

“They can ask about your credit history. Does that mean that someone with just a little money in the bank can’t get a permit?” Barush said.

Another speaker at the event, Westfield attorney Daniel Schmutter, said that in the wake of recent US Supreme Court decisions affirming a citizen’s Second Amendment right to own a gun, New Jersey’s gun control laws can now be changed.

“People laugh when I tell them this is an exciting time,” said Schmutter, who has worked on behalf of Second Amendment advocates and has filed “friend of the court” briefs with the US Supreme Court.

Schmutter said that the template for New Jersey gun law was established in a 1966 court decision that characterized gun ownership as a “collective”, as opposed to an “individual,” right. The Second Amendment contains language referring to “militias,” which many gun control supporters have said is proof that there is no Constitutional guarantee of a private citizen’s right to “keep and bear arms.”

Following the Supreme Court decisions, however, Second Amendment advocates now have grounds to appeal or seek alterations to New Jersey’s law, according to Schmutter.

“There’s a presumption against firearms owners in New Jersey,” Schmutter said. “That’s a little crazy when you’re talking about a fundamental right. That has to change.”