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Bang / Guns
See other Bang / Guns Articles

Title: Retired Teacher Faces 10 Years In Prison For Possession Of Antique Flintlock Pistol
Source: inquisitr.com
URL Source: http://www.inquisitr.com/1849436/re ... n-of-antique-flintlock-pistol/
Published: Feb 17, 2015
Author: Staff
Post Date: 2015-02-17 17:41:46 by Gatlin
Keywords: None
Views: 11660
Comments: 38

Retired teacher Gordon Van Gilder, 72, could be sent to jail for up to 10 years for possession of a unloaded antique flintlock pistol.

New Jersey’s strict gun control law makes no distinction between a loaded, modern weapon such as a.44 Magnum and an antique firearm.

A history buff and memorabilia collector, Van Gilder had the unloaded 300- year-old pistol in his car when he was pulled over in a routine traffic stop in Cumberland County, New Jersey, last November.

In consenting to a search of the vehicle, the ex-educator informed cops that the antique was wrapped in cloth in the glove compartment. One of the cops wanted to let him go following the search, but the Cumberland County Sheriff nixed that idea. The next morning, several officers showed up at Van Gilder’s home and took him into custody.

If convicted, Van Gilder faces a 10-year prison sentence, with a mandatory minimum of three to five years without parole. A felony conviction even without jail time could also among other things jeopardize his pension, which he earned after working 34 years in the New Jersey school system, Legal Insurrection detailed.

“While Gordon noted that he was probably in violation of the law, he wasn’t if he was going by the federal statute, which exempts such a class of firearms. The conflict between state and federal laws is a constitutional question,” Townhall explained.

Prosecutors even plan to run a ballistics test on the collectable for whatever reason. “[A] flintlock pistol dates back to the 17th century and [was] used in the American Civil War…Eventually technology advanced and the flintlocks simply became collectors items, one of the main reasons being it would take up to a whole minute to load one shot,” the Daily Surge observed.

In the meantime, Van Gilder, who is fighting the charges in court, won’t be cutting any promos for the Garden State, an area he plans to leave sooner rather than later. “Beware of New Jersey. Don’t come here. Don’t live here,” he declared.

As you may recall, New Jersey is the same state that initially planned to prosecute Philadelphia single mom and nurse Shaneen Allen for violating the state’s gun control laws. A licensed gun owner, Allen was pulled over in south Jersey at a time when she was unaware that the neighboring states lacked reciprocity as far as firearms permits are concerned.

Perhaps owing to the public outcry, the Atlantic County prosecutor who let Baltimore Ravens star Ray Rice off the hook allowed Allen the same form of leniency, i.e., a divergence program similar to pre-trial probation, which will result in the charges being dropped on successful completion of the program.

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Begin Trace Mode for Comment # 38.

#23. To: Gatlin (#0)

"While Gordon noted that he was probably in violation of the law ..."

Probably? No. Definitely? Yes.

He lives in New Jersey. He and his fellow New Jersey citizens passed these laws. These are the laws HE wanted.

Now he wants us to make an exception just for him. Screw that.

Next time, transport your weapon in the trunk or apply for a concealed carry license. Or, get your legislators to make an exemption for antique pistols.

Stop your whining already and f**king man up.

misterwhite  posted on  2015-02-18   9:59:41 ET  Reply   Untrace   Trace   Private Reply  


#25. To: Y'ALL, misterwhite favors majority rule (#23)

He lives in New Jersey. He and his fellow New Jersey citizens passed these laws. These are the laws HE wanted.

Yep, he lives in New Jersey. He and his fellow New Jersey citizens elected representatives who swore an oath to honor our Constitution, -- yet ignored it when they passed these laws.

These are NOT the laws HE wanted , they are unconstitutional acts of rogue politicians, backed up by a majority of people who think like misterwhite.

tpaine  posted on  2015-02-18   10:26:45 ET  Reply   Untrace   Trace   Private Reply  


#36. To: tpaine, misterwhite (#25)

Yep, he lives in New Jersey. He and his fellow New Jersey citizens elected representatives who swore an oath to honor our Constitution, -- yet ignored it when they passed these laws.

These are NOT the laws HE wanted , they are unconstitutional acts of rogue politicians, backed up by a majority of people who think like misterwhite.

“While Gordon noted that he was probably in violation of the law, he wasn’t if he was going by the federal statute, which exempts such a class of firearms. The conflict between state and federal laws is a constitutional question,” Townhall explained.

No, Townhall did not explain how the conflict between the state and federal law was a constitutional question. How does the State law conflict with Federal law? How does it permit something that Federal law prohibits? The Federal statute law exempts antique firearms from the restrictions of a Federal statute provision. It does not provide an exemption from a State law restriction.

The question would seem to be whether the New Jersey law is just flat out unconstitutional in violation of Amendment 2, rather than in conflict with a Federal statute.

I would specifically question the constitutionality of requiring a permit, and for the permit requiring a justifiable need to carry a handgun.

The court shall issue the permit to the applicant if, but only if, it is satisfied that the applicant is a person of good character who is not subject to any of the disabilities set forth in section 2C:58-3c., that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun.

http://www.lexisnexis.com/hottopics/njcode/

TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS
SUBCHAPTER 1. FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN

N.J.A.C. 13:54-1.2 (2015)

§ 13:54-1.2 Definitions

The words and terms used in this chapter shall have the following meanings:

"Ammunition" means various projectiles, including bullets, missiles, slugs or balls together with fuses, propelling charges and primers that may be fired, ejected, projected, released, or emitted from firearms or weapons.

"Antique cannon" means any weapon which satisfies the definition of an antique firearm and which is also capable of firing a projectile of a caliber greater than .60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes.

"Antique firearm" means any firearm, which is incapable of being fired or discharged, or which does not fire fixed ammunition regardless of the date of manufacture, or was manufactured before 1898, for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.

[...]

"Handgun" means any pistol, revolver, or other firearm originally designed or manufactured to be fired by the use of a single hand.

TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS
SUBCHAPTER 2. HANDGUNS

N.J.A.C. 13:54-2.2 (2015)

§ 13:54-2.2 Permit required

No person, except as provided in N.J.S.A. 2C:39-6, shall carry, hold or possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter.

http://law.justia.com/codes/new-jersey/2009/title-2c/2c-39/2c-39-6

2009 New Jersey Code

TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE

2C:39-6 Exemptions.

[...]

d. (1) Subsections c. and d. of N.J.S.2C:39-5 do not apply to antique firearms, provided that such antique firearms are unloaded or are being fired for the purposes of exhibition or demonstration at an authorized target range or in such other manner as has been approved in writing by the chief law enforcement officer of the municipality in which the exhibition or demonstration is held, or if not held on property under the control of a particular municipality, the superintendent.

http://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-39-5/

[Note: the blue fonted items (c & d) are the ones exempted by 2C:39-6 Exemptions.]

2013 New Jersey Revised Statutes

Title 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE

Section 2C:39-5 - Unlawful possession of weapons.

Universal Citation: NJ Rev Stat § 2C:39-5 (2013)

2C:39-5 Unlawful possession of weapons.

2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

e. Firearms or other weapons in educational institutions.

(1) Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

(2) Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree.

(3) Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

f. Assault firearms. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12); or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).

g. (1) The temporary possession of a handgun, rifle or shotgun by a person receiving, possessing, carrying or using the handgun, rifle, or shotgun under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall not be considered unlawful possession under the provisions of subsection b. or c. of this section.

(2) The temporary possession of a firearm by a person receiving, possessing, carrying or using the firearm under the provisions of section 1 of P.L.1997, c.375 (C.2C:58-3.2) shall not be considered unlawful possession under the provisions of this section.

h. A person who is convicted of a crime under subsection a., b. or f. of this section shall be ineligible for participation in any program of intensive supervision; provided, however, that this provision shall not apply to a crime under subsection b. involving only a handgun which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

i. A person convicted of violating subsection a., b. or f. of this section shall be sentenced by the court to a term of imprisonment, which shall include the imposition of a minimum term during which the defendant shall be ineligible for parole, if the court finds that the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.2C:44-1 applies. The minimum term of parole ineligibility shall be fixed at five years. The sentencing court shall make a finding on the record as to whether the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.2C:44-1 applies, and the court shall presume that there is a substantial likelihood that the defendant is involved in organized criminal activity if there is a substantial likelihood that the defendant is a member of an organization or group that engages in criminal activity. The prosecution at the sentencing hearing shall have the initial burden of producing evidence or information concerning the defendant's membership in such an organization or group.

Amended 1979, c.179, s.4; 1990, c.32, s.2; 1992, c.74, s.2; 1992, c.94, s.1; 1995, c.389; 1997, c.375, s.2; 2007, c.284; 2009, c.13.

http://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-58-4/

2013 New Jersey Revised Statutes

Title 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE

Section 2C:58-4 - Permits to carry handguns

Universal Citation: NJ Rev Stat § 2C:58-4 (2013)

2C:58-4. Permits to carry handguns

a. Scope and duration of authority. Any person who holds a valid permit to carry a handgun issued pursuant to this section shall be authorized to carry a handgun in all parts of this State, except as prohibited by section 2C:39-5e. One permit shall be sufficient for all handguns owned by the holder thereof, but the permit shall apply only to a handgun carried by the actual and legal holder of the permit.

All permits to carry handguns shall expire 2 years from the date of issuance or, in the case of an employee of an armored car company, upon termination of his employment by the company occurring prior thereto whichever is earlier in time, and they may thereafter be renewed every 2 years in the same manner and subject to the same conditions as in the case of original applications.

b. Application forms. All applications for permits to carry handguns, and all applications for renewal of such permits, shall be made on the forms prescribed by the superintendent. Each application shall set forth the full name, date of birth, sex, residence, occupation, place of business or employment, and physical description of the applicant, and such other information as the superintendent may prescribe for the determination of the applicant's eligibility for a permit and for the proper enforcement of this chapter. The application shall be signed by the applicant under oath, and shall be indorsed by three reputable persons who have known the applicant for at least 3 years preceding the date of application, and who shall certify thereon that the applicant is a person of good moral character and behavior.

c. Investigation and approval. Each application shall in the first instance be submitted to the chief police officer of the municipality in which the applicant resides, or to the superintendent, (1) if the applicant is an employee of an armored car company, or (2) if there is no chief police officer in the municipality where the applicant resides, or (3) if the applicant does not reside in this State. The chief police officer, or the superintendent, as the case may be, shall cause the fingerprints of the applicant to be taken and compared with any and all records maintained by the municipality, the county in which it is located, the State Bureau of Identification and the Federal Bureau of Identification. He shall also determine and record a complete description of each handgun the applicant intends to carry.

No application shall be approved by the chief police officer or the superintendent unless the applicant demonstrates that he is not subject to any of the disabilities set forth in 2C:58-3c., that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun. If the application is not approved by the chief police officer or the superintendent within 60 days of filing, it shall be deemed to have been approved, unless the applicant agrees to an extension of time in writing.

d. Issuance by Superior Court; fee. If the application has been approved by the chief police officer or the superintendent, as the case may be, the applicant shall forthwith present it to the Superior Court of the county in which the applicant resides, or to the Superior Court in any county where he intends to carry a handgun, in the case of a nonresident or employee of an armored car company. The court shall issue the permit to the applicant if, but only if, it is satisfied that the applicant is a person of good character who is not subject to any of the disabilities set forth in section 2C:58-3c., that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun. The court may at its discretion issue a limited-type permit which would restrict the applicant as to the types of handguns he may carry and where and for what purposes such handguns may be carried. At the time of issuance, the applicant shall pay to the county clerk of the county where the permit was issued a permit fee of $20.00.

e. Appeals from denial of applications. Any person aggrieved by the denial by the chief police officer or the superintendent of approval for a permit to carry a handgun may request a hearing in the Superior Court of the county in which he resides or in any county in which he intends to carry a handgun, in the case of a nonresident, by filing a written request for such a hearing within 30 days of the denial. Copies of the request shall be served upon the superintendent, the county prosecutor and the chief police officer of the municipality where the applicant resides, if he is a resident of this State. The hearing shall be held within 30 days of the filing of the request, and no formal pleading or filing fee shall be required. Appeals from the determination at such a hearing shall be in accordance with law and the rules governing the courts of this State.

If the superintendent or chief police officer approves an application and the Superior Court denies the application and refuses to issue a permit, the applicant may appeal such denial in accordance with law and the rules governing the courts of this State.

f. Revocation of permits. Any permit issued under this section shall be void at such time as the holder thereof becomes subject to any of the disabilities set forth in section 2C:58-3c., and the holder of such a void permit shall immediately surrender the permit to the superintendent who shall give notice to the licensing authority.

Any permit may be revoked by the Superior Court, after hearing upon notice to the holder, if the court finds that the holder is no longer qualified for the issuance of such a permit. The county prosecutor of any county, the chief police officer of any municipality, the superintendent or any citizen may apply to the court at any time for the revocation of any permit issued pursuant to this section.

L.1978, c. 95, s. 2C:58-4, eff. Sept. 1, 1979. Amended by L.1979, c. 179, s. 12, eff. Sept. 1, 1979; L.1981, c. 135, s. 1.

nolu chan  posted on  2015-02-18   19:47:47 ET  Reply   Untrace   Trace   Private Reply  


#38. To: nolu chan (#36)

Thanks for your reply.. You know what my position is on this issue. -- Lets see whether misterwhite can make a rational reply addressing his take on these odious New Jersey 'Laws'...

Odds are he won't have the guts to make any real points..

tpaine  posted on  2015-02-18   20:01:16 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 38.

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