Eugene Volokh mentions the case. Aitken’s convictions for unlicensed transport, and high capacity magazines were reversed. His conviction for having hollow point ammunition was allowed to stand. There’s one crime Brian Aitken is guilty of, and that’s believing when he moved to New Jersey he was still living in America.
- On the charge of transportation without a permit, the court found that the judge’s failure to properly instruct the jury as to exceptions was sufficient to squash the conviction.
- On the charge of the high capacity magazine, the court ruled that the state failed to introduce proper evidence that the device was a large capacity magazine. At trial they showed that the magazine could hold 16 rounds of ammunition, but they failed to show that it was operable with that many rounds of ammunition, and the court ruled that was required.
- On the issue of hollow nosed ammunition, Aitken argued that the statute was unconstitutionally vague. He also argued that the rule of lenity should apply, given that the statute didn’t exempt moving between residences, that it should based on a reading of the statute, which allows possession in the home.
- Aitken also made a Second Amendment claim, which the court summarily dismissed without any discussion. This is wrong.
So Aitken is still a convicted felon and prohibited person, because of the hollow nose bullet charge. I think he should appeal, and appeal all the way to the US Supreme Court if necessary.