As reported by The Save Jersey Blog, 72 year old retired school teacher Gordan Van Gilder faces 10 years in prison for transporting an unloaded 1700’s flint lock pistol in his car.
He was pulled over for a minor traffic violation and the cops insisted searching his car. When asked if he had anything in his car Van Gilder told them he had a antique flint lock pistol in his glove compartment. He did not think anything of it and was just trying to be honest.Little did he know having an antique firearm in New Jersey is against the law. Van Gilder admittedly did not know at the time it was. Quoting a famous expression, his response to an antique weapon being against the law was:
If that’s the law, the law is an ass.
Do you think the 2nd Amendment will be destroyed by the Biden Administration?(2)
The law that governs handguns in NJ, NJSA 2C:39-5 (a), is as follows:
As for Van Gilder, the state is trying to throw the book at him even though he has been a law abiding citizen all his life. If he is found guilty he will lose his pension and probably spend the remainder of his life in prison.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.A. 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.
His attorney, Evan Nappen’s stated:
It’s a mid-1700’s flintlock bonafide antique pistol, unloaded, and yet he’s facing the same draconian penalty as if he had a .44 magnum loaded on his person. It doesn’t matter. There is no distinction.
Nappen further cautioned residents if:
Van Gilder warned everyone to stay out of New Jersey. He said as soon as his legal troubles are over he plans on moving out of the state. He will not be alone. Studies show there are actually more people leaving New Jersey than moving in. There is also a saying in New Jersey that if you are the last one to move out of the state do not forget to turn the light off.You have a sling shot in New Jersey, you face a felony charge.