Brian Aitken

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Brian Aitken is an American marketing consultant, entrepreneur,[1] and writer.[2]

In 2009, Aitken became a cause célèbre among gun-rights activists in the United States,[3][4] after he was convicted and sentenced to seven years in prison for possessing handguns legally purchased in Colorado and transported in New Jersey from one residence to another.[5] Aitken spent four months in prison before New Jersey Governor Chris Christie commuted Aitken's sentence to time served.[6] In 2012, the New Jersey Superior Court, Appellate Division and the State of New Jersey dismissed three illegal possession of firearms convictions and in 2018 Aitken was pardoned by Governor Christie.[7]

Background[edit]

Aitken attended Rutgers University, where he studied Environmental Policy from 2002 to 2006. He later was awarded a scholarship for “exceptional entrepreneurship” to pursue a Global MBA at the Alliance Manchester Business School and was awarded a Statement of Professional Achievement from the NYU Stern School of Business.[8]

Before launching Topple, Aitken’s free-market digital advertising platform, he attended multiple invite-only conferences at the Massachusetts Institute of Technology including the Conference on Digital Experimentation and Platform Strategy Summit.[9][10]

In 2008, he founded Alister & Paine, a digital magazine that publishes business and luxury lifestyle content.[11]

Arrest[edit]

Aitken moved to Colorado in his early twenties where he legally acquired handguns for both self-defense and recreation. In 2008, Aitken was in the process of moving back to New Jersey and followed guidance from the United States Department of Homeland Security Transportation Security Administration to ensure he could legally transport his handguns in his checked luggage.[12]

On January 2, 2009, Aitken was coerced into consenting to a search of his car by Mount Laurel Police officers who then found Aitken’s legally owned firearms locked and unloaded in the trunk of his car [13]

Aitken was subsequently arrested for possessing these firearms without a concealed carry permit, in violation of the Firearm Owners Protection Act (FOPA), and was ultimately sentenced to seven years in prison by Judge James Morley after the judge refused to allow the jury to consider the federal and State laws that allow an individual to transport firearms between residences without a concealed carry permit.[14] Judge Morley's decision not to provide information to the jury regarding exceptions to New Jersey's relatively strict firearm possession laws became a source of controversy.[15] Gun laws in the United States vary widely by state and require expert knowledge to understand the differences.[16]

During the jury instructions, Judge Morley refused to charge the jury with the exemptions to the New Jersey law despite arguments by the defense that Aitken met one of the exemptions and was therefore innocent of the charges. The jury returned three times requesting to be made aware of the laws that provide exemptions for lawful possession; however, all three requests were denied by the judge.[17] One of the jury requests read:

Why did you make us aware at the start of the trial that the law allows a person to carry a weapon if the person is moving or going to a shooting range, and during the trial both the defense and prosecution presented testimony as to whether or not the defendant was in the process of moving, and then in your charge for us to deliberate we are not permitted to take into consideration whether or not we believe the defendant was moving?[18]

In an interview with ABC News, Joel Bewley, a spokesman for the Burlington County Prosecutor's Office, stated

The defendant's attorneys presented evidence that his house was for sale and that at the time of arrest he was traveling from one residence in New Jersey to another.[19]

One of the police officers at the scene had also testified that Aitken's car was filled with personal belongings which would indicate he was travelling.[20]

On December 20, 2010, after Aitken had spent four months in prison, New Jersey Governor Chris Christie commuted Aitken's sentence to time served, and Aitken was released from Mid-State Correctional Annex.[21]

On March 30, 2012, the New Jersey Superior Court, Appellate Division issued a decision overturning Aitken's conviction for second-degree unlawful possession of a weapon and fourth-degree possession of a large-capacity ammunition magazine, but affirming his conviction for fourth-degree possession of prohibited ammunition (hollow point bullets). On the hollow point bullets charge, the court rejected Aitken's argument that the statute was unconstitutionally vague or that the "moving exemption" that applies to other gun laws (allowing owners to transport from one house to another while moving) should be read into the prohibited-ammunition statute, which does not contain such an exemption.[22]

On January 12, 2018, Governor Christie pardoned Brian Aitken.[7]

On November 19, 2021, Aitken was arrested after shooting a trespasser who attacked him at his home in Telluride, Colorado.[23]

On July 25, 2023 a mistrial was declared after the Telluride courts were unable to seat a fair and impartial jury. A new trial was set in Montrose, Colorado and on February 7, 2024, Aitken was found not-guilty of second degree attempted murder charge. The prosecution dismissed 5 charges, including two misdemeanors and three felonies. [24] The jury was reportedly deadlocked 10-2 in favor of acquitting Aitken on all counts. The judge declared a second mistrial. Despite this verdict, the prosecution have indicated that they intend to retry the case for one charge of Assault in the Second Degree (reckless). The retrial is set to begin on May 7, 2024.

Post-release activities[edit]

In 2011, Aitken gave talks to a local Tea Party group[25] and addressed the Students for Liberty at its annual conference.[26]

In 2014, Aitken crowdfunded over $40,000 via Indiegogo to publish a memoir, petition the Supreme Court of the United States, and attempt to gain custody of his son.[27] After being released, Aitken announced plans to file a 42 U.S.C. § 1983 civil-rights lawsuit against the police officers, the prosecutor and the judge for their actions in the case and also to seek custody of his son.[28]

References[edit]

  1. ^ "Brian D. Aitken's website". Thinking Differently: Digital Media Strategy. Retrieved 29 July 2012.
  2. ^ "VICE: My Life as a Convicted Felon". My Life as a Convicted Felon. 13 October 2013. Retrieved 18 April 2014.
  3. ^ Bureau, Chris Megerian/Statehouse (2010-12-22). "N.J. man goes from inmate to NRA celebrity as Gov. Christie commutes gun sentence". nj. Retrieved 2022-11-17.
  4. ^ "New Jersey Gov. Chris Christie Commutes Sentence of Man Sent to Jail for Owning Guns Legally". Fox News. 2015-03-26. Retrieved 2022-11-17.
  5. ^ Miller, Joshua Rhett (2 December 2010). "New Jersey Gun Case Exposes 'Patchwork' of State Laws, Experts Say". FOX News. New York: News Corporation. FOXNews.com. Archived from the original on 26 October 2012. Retrieved 29 July 2012.
  6. ^ "N.J. Man Spared 7 Years in Prison for Guns Legally Owned". ABC News. Retrieved 2021-05-02.
  7. ^ a b Walsh, Jim. "Pardons for Camden activist and gun-law symbol". Courier-Post. Retrieved 2021-05-02.
  8. ^ https://www.linkedin.com/in/briandaitken/
  9. ^ read, Jenna Marie Bostock··2 min (2014-10-20). "We Sent Two Ad Guys to MIT's Conference on Digital Experimentation. Here's What They Saw". Alister & Paine. Retrieved 2024-05-06.{{cite web}}: CS1 maint: numeric names: authors list (link)
  10. ^ read, Jenna Marie Bostock··5 min (2015-08-05). "Here's What You Missed at MIT's 3rd Annual Platform Strategy Summit". Alister & Paine. Retrieved 2024-05-06.{{cite web}}: CS1 maint: numeric names: authors list (link)
  11. ^ "This Company is Revolutionizing Digital Advertising for Political Candidates in 2024". Alister & Paine. Retrieved 2024-05-06.
  12. ^ Balko, Radley (15 November 2010). "Brian Aitken's Mistake". Reason Online. Los Angeles: Reason Foundation: 1. Archived from the original on 11 July 2012. Retrieved 29 July 2012. {{cite journal}}: Unknown parameter |agency= ignored (help)
  13. ^ New Jersey Superior Court, Appellate Division. "NJ Appellate Court Docket # a0467-10" (PDF). Judiciary.state.nj.us/opinions/. Trenton: State of New Jersey. Archived from the original (PDF) on April 13, 2012.
  14. ^ "Family: New Jersey man serving 7 years for guns he owned legally". Philadelphia Daily News. November 30, 2010. Retrieved January 18, 2013.
  15. ^ Balko, Radley (15 November 2010). "Brian Aitken's Mistake". Reason Online. Los Angeles: Reason Foundation: 1. Archived from the original on 11 July 2012. Retrieved 29 July 2012. {{cite journal}}: Unknown parameter |agency= ignored (help)
  16. ^ Miller, Joshua Rhett (2 December 2010). "New Jersey Gun Case Exposes 'Patchwork' of State Laws, Experts Say". FOX News. New York: News Corporation. FOXNews.com. Archived from the original on 26 October 2012. Retrieved 29 July 2012.
  17. ^ Balko, Radley (15 November 2010). "Brian Aitken's Mistake". Reason Online. Los Angeles: Reason Foundation: 1. Archived from the original on 11 July 2012. Retrieved 29 July 2012. {{cite journal}}: Unknown parameter |agency= ignored (help)
  18. ^ www.nationalreview.com/articles/258108/false-imprisonment-robert-verbruggen?page=2.
  19. ^ "N.J. Man Spared 7 Years in Prison for Guns Legally Owned". ABC News. Retrieved 2022-11-17.
  20. ^ Reeder, David (2013-10-15). "Brian Aitken, "Convicted Gun Offender"". Recoil. Retrieved 2024-05-06.
  21. ^ Bureau, Chris Megerian/Statehouse (2010-12-22). "N.J. man goes from inmate to NRA celebrity as Gov. Christie commutes gun sentence". nj. Retrieved 2022-11-17.
  22. ^ "STATE v. AITKEN | No. A-0467-10T4. | 20120330329 | Leagle.com". Leagle. Retrieved 2022-11-17.
  23. ^ Report, Planet Staff (2024-02-07). "Brian Aitken acquitted on attempted second-degree murder". Telluride Daily Planet. Retrieved 2024-05-06.
  24. ^ Report, Staff (2024-02-27). "Man cleared of murder attempt in Telluride shooting; new trial set for remaining charges after split verdict". Montrose Daily Press. Retrieved 2024-05-06.
  25. ^ "Inquirer.com: Philadelphia local news, sports, jobs, cars, homes". www.inquirer.com. Retrieved 2022-11-17.
  26. ^ Brian Aitken @ the 2011 International SFL Conference Archived 2016-05-03 at the Wayback Machine, Students for Liberty (January 7, 2011).
  27. ^ "Brian Aitken Crowdfunding Campaign Closes $40,000 Intends to Petition Supreme Court". 25 October 2013. Retrieved 18 April 2014.
  28. ^ "Pardoned Dad Fights for Custody of His Son". Fox News. Retrieved 2022-11-17.

External links[edit]

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