Man Facing Felony Charges and Jail Time for Flintlock Pistol in NJ

[pianoman9701]

Coming soon to a state near you.

http://www.foxnews.com/us/2015/02/18/flintlock-from-1700s-could-land-elderly-nj-man-in-prison/

A retired teacher is facing 10 years in prison and the loss of his state pension for possessing a flintlock pistol that may not have been fired since George Washington was alive, his attorney told FoxNews.com on Wednesday.

In a case that underscores the Garden State's strict gun laws, Gordon Van Gilder, a retired English teacher and collector of historical items, has been charged with criminal possession of a handgun and faces up to 10 years in prison. If the 72-year-old is convicted, the charge carries a mandatory minimum sentence of 3.5 years and the pension Van Gilder earned as an educator could be revoked, penalties attorney Evan Nappen called "outrageous."










“It’s crazy," Nappen told FoxNews.com. "The gun was unloaded and strictly possessed as a historical relic. We’re hoping the prosecutor will exercise discretion and dismiss his case.”

Van Gilder readily acknowledged the unloaded gun was in his glove compartment and wrapped in cloth when he was pulled over for a traffic violation in Cumberland County in November 2014, according to Nappen. He had recently bought the gun and was planning to add it to his collection of antiques, which includes other old firearms, the lawyer said.

"Apparently there must be a lot of drive-by flintlock shootings in North Jersey."
- Gordon Van Gilder

“This is a Queen Anne flintlock, which is a very pretty gun," Nappen said. "The barrel looks like a cannon and it has a single shot – you have to actually untwist the barrel to load it – it’s pretty involved to even attempt to load it. But the craftsmanship is from the 1760s, and it’s just magnificent to think that every piece of it was handmade.”

But New Jersey law does not exempt antique firearms, said Nappen, who recently defended a Pennsylvania single mother who was pulled over just across the New Jersey border with a registered gun she carried for protection. In that case, Nappen helped his client avoid a 3-year mandatory minimum sentence only after widespread publicity including extensive coverage by Fox News led the state Attorney General's Office to drop the case.

The Cumberland County Prosecutor’s Office, which charged Van Gilder, did not return a call for comment Wednesday.

If Van Gilder is ultimately convicted, Nappen said he hopes Gov. Chris Christie would consider a pardon.

But he said the case could drag on for a long time.

A Queen Anne flintlock is a prized collector's item, but not the weapon of choice for modern criminals, according to firearms experts.

“I called the prosecutor to see what we could do on this, and the prosecutor told me that they were waiting for ballistics," Nappen said incredulously. "And I’m thinking, ‘What? Ballistics on a flintlock?'"

Second Amendment advocates say the case illustrates the need to make gun laws more reasonable.

"This proves just how Draconian gun laws are in New Jersey," Alan Gottlieb, of the Second Amendment Foundation, told FoxNews.com. "Laws that are used to prosecute gun owners like this one are why the gun rights movement cannot trust gun prohibition politicians."

Gun control advocacy groups, including the Brady Campaign to Prevent Gun Violence, Mayors Against Illegal Guns and the Violence Policy Center, did not return requests for comment.

In an interview with NRA News, Van Gilder gave more details about his arrest.

“One of the undersheriffs said, ‘Well, let him go, it’s 250 years old,’" Van Gilder said. "But his boss, who is the sheriff, said, ‘No, we have to arrest him.’ Next morning, I am sleeping and hear pounding on the door, and four of them came and took me away with three or four sheriff’s cars -- I guess they didn’t have anything better to do with taxpayer money.”

“I was fingerprinted and I was chained by my legs to an ice cold bench. Apparently there must be a lot of drive-by flintlock shootings in North Jersey,” he quipped bitterly.

Van Gilder, who is frightened for his future, has set up a legal defense fund. He knows he could be in for a long fight.

“I’m charged with a felony," he said. "That could ruin my life. That could hurt my pension that I spent 34 years acquiring. And I couldn’t vote. It’s not right, it’s not fair. “

The author, Maxim Lott, can be reached on Facebook or at maxim.lott@foxnews.com

[Fl0und3rz]

That's what I don't get. 

In the wake of every "common sense" gun law out there - that the true criminal element will also ignore - there will be an army of Van Gilders out there just fighting for their life, liberty, fruits of their labor, and happiness against prosecution of these ill-conceived laws.


Congratulations, *censored*s liberally-minded, but mentally-challenged individuals.  Own this man's grief.

[huntnphool]

 72 year old pulled over for a traffic infraction and the cop arrests him for possessing a antique flintlock?

[X-Force]

Get these felons off the streets! Thank you NJ 

[pianoman9701]

Yeah, this is totally mind-boggling. But then consider that we passed I-594.  People don't care what the law says as long as it's gun control.

[Bean Counter]

Get these felons cops off the streets! Thank you NJ 

Cops were friggin morons. No need to take the guy in.

[TONTO]

Get these felons cops off the streets! Thank you NJ 

Cops were friggin morons. No need to take the guy in.

“One of the undersheriffs said, ‘Well, let him go, it’s 250 years old,’" Van Gilder said. "But his boss, who is the sheriff, said, ‘No, we have to arrest him.’

  Allthough I personly think it is a stupid law, and totaly dissagree with the laws intent. I have to agree with the sherrif's need to enforce the law. Without enforcing stupid laws the general public don't realize how stupid these laws actualy are. If law enforcement can pick and choose which laws to enforce and which laws to ignore, then there is no consequence to the passing of stupid laws. The law needs to be changed not ignored, littigation is the first step. 

[Fl0und3rz]

Get these felons cops off the streets! Thank you NJ 

Cops were friggin morons. No need to take the guy in.

“One of the undersheriffs said, ‘Well, let him go, it’s 250 years old,’" Van Gilder said. "But his boss, who is the sheriff, said, ‘No, we have to arrest him.’

  Allthough I personly think it is a stupid law, and totaly dissagree with the laws intent. I have to agree with the sherrif's need to enforce the law. Without enforcing stupid laws the general public don't realize how stupid these laws actualy are. If law enforcement can pick and choose which laws to enforce and which laws to ignore, then there is no consequence to the passing of stupid laws. The law needs to be changed not ignored, littigation is the first step. 

 

Enforcement, assertion of defenses, and lawsuits are feedback mechanisms to change bad law.  There is little difference between selective enforcement and rule by official decree.  They did their jobs, and because of that, we may ultimately benefit with pro 2A precedent.

[Windwalker]

A good argument for jury nullification..perversion of the system or not....if the court would allow it.

Jury nullification defined as:
"Nullification is a juror's knowing and deliberate rejection of the evidence or refusal to apply the law
...because the result dictated by law is contrary to the [juror's] sense of justice, morality, or fairness."
BLACK'S LAW DICTIONARY 875 (8th ed.2004)

[bowbuild]

For you guys that think felons should never get their gun rights back!! Just keep thinking that!

[csaaphill]

For you guys that think felons should never get their gun rights back!! Just keep thinking that!

too bad it's NJ though.

[csaaphill]

I read this on other sites too but kind of surprised it made it here. Thanks Piano.
But ya this is so much crap draconian laws and unconstititonal, or should be for sure.
I'd nullify in a heart beat!

[floatinghat]

For you guys that think felons should never get their gun rights back!! Just keep thinking that!

Maybe this should not be a felony due to the nature of the firearm..  What felons should and shouldn't get gun rights returned?  Seams like that would make it more complex and create additional issues (more laws).

[pianoman9701]

For you guys that think felons should never get their gun rights back!! Just keep thinking that!

This thread has nothing to do with the discussion of whether felons should get their guns back.

[timberfaller]

Well he caught a break!!

http://www.foxnews.com/us/2015/02/26/nj-prosecutor-drops-gun-charge-against-retired-teacher-over-centuries-old/?intcmp=latestnews

If you read the article,  prime example of a Prosecutor who needs fired!!

Oh Ya, another shining example of "education" wasted!!!!!  I am sure the dunce has a few degrees!!  Educated, yes, intelligent NO