Virginia CCW holder makes the mistake of leaving the US.

[hotdog]

Virginia Gun Owner Being Unfairly Prosecuted In NJ For Accidentally Bringing A Gun Into The State.

Covington VA --(Ammoland.com)- A Virginia CHP holder, Guy Ackerman, inadvertently brought a handgun with him into NJ.

He discovered the gun in his car and rather than leave it in there with valet parking, he took the unloaded revolver to his room and locked it in the room safe. The valet had noticed the gun when it was in the car and told the police, who arrested Guy and charged him with unlawful weapon possession – a felony in NJ.

The prosecutor should be ashamed of himself.

We Support Our Guy Campaign.

[American1776]

Virginia Gun Owner Being Unfairly Prosecuted In NJ For Accidentally Bringing A Gun Into The State.

The prosecutor should be ashamed of himself.

The scary part is, the prosecutor is probably PROUD of himself.

That this happens in America is very shameful indeed.

[HiredGoon]

This really sucks, big time...but according to the website mentioned in that story...

"Guy had purchased this handgun lawfully in Virginia."

"He had passed the background checks for that purchase."

"He had a concealed carry permit issued by Virginia."

"He assumed (mistakenly) that this registration and permitting would be sufficient for the purposes of New Jersey law."

[streaker69]

This really sucks, big time...but according to the website mentioned in that story...

"Guy had purchased this handgun lawfully in Virginia."

"He had passed the background checks for that purchase."

"He had a concealed carry permit issued by Virginia."

"He assumed (mistakenly) that this registration and permitting would be sufficient for the purposes of New Jersey law."

His Virginia driver's license is valid in NJ, probably his marriage license is too, so it would stand to reason that any other licenses would be recognized by any other state in the union...

[Qtrborecrazy]

His Virginia driver's license is valid in NJ, probably his marriage license is too, so it would stand to reason that any other licenses would be recognized by any other state in the union...

I wonder if this will be a good test case for licensing, the fed can force a state to honor a gay marriage license, why not a ccw license, both constitutional. Where's the difference?

[Rosco the Iroc]

link only posts suck

Covington VA --(Ammoland.com)- A Virginia CHP holder, Guy Ackerman, inadvertently brought a handgun with him into NJ.

He discovered the gun in his car and rather than leave it in there with valet parking, he took the unloaded revolver to his room and locked it in the room safe. The valet had noticed the gun when it was in the car and told the police, who arrested Guy and charged him with unlawful weapon possession – a felony in NJ.

The prosecutor is refusing to allow Guy an option to avoid jail time, an option that is normally available in such cases.

Guy is really in a tough spot. If he takes the prosecutor’s current “deal,” Guy will spend one year in prison before being able to apply for parole. If denied, he will have to serve up to three years. If he rejects the idea of a “guilty” plea and is found guilty in a trial, he then faces a minimum jail sentence of between five and ten years.

Of course, if he wins the trial, he would be free. However, we are talking New Jersey.

This is why I avoid New Jersey, preferring not to leave America

Sorry there is no mistake that if your going to nj/ny you need to sanitize your car/person. If you go though the trouble and sand the $50 to get a VA CWP you should know better.

[streaker69]

I wonder if this will be a good test case for licensing, the fed can force a state to honor a gay marriage license, why not a ccw license, both constitutional. Where's the difference?

You don't understand, marrying whomever you want is a civil right, but apparently defending oneself isn't.

[HiredGoon]

You don't understand, marrying whomever you want is a civil right, but apparently defending oneself isn't.

What if he had married his revolver before going to NJ?
Could be a loophole

[soberbyker]

http://www.wesupportourguy.com/content/guy-ackerman

I am reaching out to you, in the hope that you might provide some help to a close friend, Guy R. Ackerman, who finds himself ensnared in New Jersey’s extremely strict gun control laws.

Arrest. On July1, 2013, Mr. Ackerman traveled to Atlantic City for the weekend. When he arrived at the Borgata, he discovered that his 0.38 caliber Smith & Wesson revolver was in the console. Not realizing until this time it was in his possession he decided to put it in his carry-on bag and take it to the room and put it in the safe. The valet observed this incident and reported it to the Atlantic City police. When Mr. Ackerman arrived at his room, he placed the handgun in the safe. It was unloaded at all times.

The police dispatched officers to the hotel to question Mr. Ackerman. Eight officers confronted him on the casino floor, where he admitted his ownership of the handgun and his placing it in the safe. He cooperated and complied fully with the officers throughout questioning and arrest. Following his arrest, Mr. Ackerman was charged with unlawful possession of the handgun.

Graves Act & Guidelines. Under New Jersey’s “Graves Act,” no one may lawfully possess a handgun without first obtaining a license issued by that State. New Jersey does not recognize license or permit issued by any other state. Any violation of this act is a second degree felony imposing mandatory prison time. The State’s Attorney General has issued guidelines, dated On October 23, 2008, instructing county prosecutors on proper and consistent application of the act. Mr. Ackerman did not realize until his arrest how severely restrictive were New Jersey’s laws.

Pretrial Intervention, Waiver & Reduction. The act and guidelines provide only the narrowest hope to any defendant for avoiding prison. He can seek pretrial intervention in which he agrees to comply with a rehabilitation program, thereby avoiding trial and the harsh penalties altogether. He can also seek waiver of the mandatory prison sentence. However, the defendant must seek and obtain the prosecutor’s consent to such pretrial intervention or waiver; without such consent the court cannot and will not consider any such request.

Mr. Ackerman would seem the perfect candidate for these remedies because his personal history conforms precisely to the examples set out in the guidelines:

In light of the Legislature’s recent policy decision to significantly upgrade the seriousness of firearm offenses, it is expected that prosecutors will consent to defendant’s admission to PTI only in rare cases involving extraordinary and compelling circumstances that fall outside the heartland of the legislative policy to deter unauthorized gun possession (e.g., the defendant has no prior involvement with the criminal justice system, he or she lawfully acquired and possessed the firearm in a different state and the defendant’s presence in New Jersey was incident to lawful travel). Guidelines, P. 8.

A prosecuting agency shall not move for or approve a sentence of probation except for extraordinary and compelling reasons that take the case outside the heartland of the legislative policy to deter unauthorized gun possession (e.g., the defendant has no prior involvement with the criminal justice system, the firearm was unloaded, and the circumstances make clear that the firearm posed no risk to officer or public safety), so that imposition of a state prison term would constitute a serious injustice that overrides the need to deter others from unlawfully possessing a firearm. Guidelines, Pp. 15, 16.

Mr. Ackerman has no criminal record. He purchased the handgun legally in Virginia and holds a concealed carry permit issued by Virginia. He assumed (mistakenly) that this registration and permitting would be sufficient for the purposes of New Jersey law.

He is a lifelong, upstanding resident of Chesterfield County. Guy has two Daughters and Three Grandchildren. He has a consistent work history, having been employed by DuPont for 36 years before retiring. He worked as a fireman and a certified HAZMAT Technician and received his certification from the Delaware State Fire School. He is now a contractor specializing in home repairs, remodeling and renovation. He also owns and manages a few rental properties. He’s a member of the Colonial Heights Baptist Church and is a member of the church security team and volunteers with his church to help people in need with home improvements. He also has been involved with many community service projects over the years and currently is working with the Federal Home Loan Bank through the Bank of McKenney, to help low income veterans with energy efficient and accessibility grants. Mr. Ackerman looks after his disabled sister, an old high school friend and two 76 year old mentally challenged twins.

Requests Denied. Despite these circumstances, the acting Atlantic County New Jersey prosecutor, James P. McClain, Esq., has denied Mr. Ackerman’s requests for pretrial intervention and waiver. According to Mr. Ackerman’s defense counsel, any other prosecutor within the state would most likely have granted those same requests. But Mr. McClain’s office regularly refuses all such requests unless the defendant is a current or retired fireman or policeman. This inconsistency among prosecutors and their treatment of defendants under the Graves Act is precisely the problem that the guidelines were intended to avoid.

We are not arguing over whether the act and guidelines constitute good or bad policy. Nor are we arguing over whether the act and guidelines might violate certain provisions of the United States Constitution. There will be other forums for those arguments. We are simply asking that Mr. McClain apply the law consistently and fairly so that Mr. Ackerman and similarly situated can avoid prison when they don’t deserve it.

Introductions. We would appreciate introductions to anyone that you may know within the administration of the current governor, Chris Christie, within the office of the current acting Attorney General, John Jay Hoffman, Esq., or within the New Jersey state legislature, who may be able to help our friend, especially those who might have some influence with Mr. McClain. If you are willing, we would also appreciate your interceding directly with these contacts. Please let us know what additional information you may need and please permit us to plead Guy’s case before the powers that be.

Mr. Ackerman is expected to enter a plea at his next court appearance May 2, 2014. If a Guilty plea is entered then he will receive a possible prison sentence of three years with one year eligible for parole. If he pleads Not Guilty he will go to trial in front of a Grand Jury and face five to ten years in prison. This is the reason for the urgent need to receive the Graves Waiver.

Thank you for your attention to this letter and to our request.

[streaker69]

What if he had married his revolver before going to NJ?
Could be a loophole

Only if his revolver is named Charlene.