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Fletcher v new jersey pre trial intervention

HONEST MISTAKE: NC Tower Climber Arrested In NJ For Possessing Firearm; This Man Needs A Pardon, And Our Help

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The fourth of July marks the time when our Founding Fathers issued a proclamation to the British government.  And while each year, we celebrate our new found liberty and freedom with fireworks and barbecues – one family in North Carolina is very much on edge about defending theirs.

Tower climbing is one of the most dangerous jobs in the country.  It involves going to cell phone towers all cross the nation with little advance warning and working at heights that would make most men quit.  Many of these towers are located in remote regions and bad, sketchy areas.

When Brian Fletcher mobilized his men to head up to New Jersey, he did what any law abiding gun owner in North Carolina would do when heading into unknown territory – bring his legally obtained pistol.  The mission?  Disaster relief for Trenton, New Jersey.  According to Fletcher, him and his entire team had less than an hour to get their equipment together and proceed north.  And in almost all the states in the Southeast, he would have been perfectly fine bringing his firearm with him.

On the night of June 28, Brian was waiting in a parking lot with his men and trucks to await further word on the next tower.  A New Jersey police officer pulled up behind his truck and inquired as to what he was doing.  According to Fletcher, they discussed the disaster relief work and so forth.  It was then Fletcher handed over his ID and did what any law abiding citizen of North Carolina would do (N.C. Gen. Stat. § 14-415.12A.) – inform the officer that he had a firearm in his vehicle.

And that is where it quickly spirals downhill.

The State of New Jersey does not recognize any state’s right to carry firearms – in the vehicle or otherwise.  In fact, it’s a class 2 felony.  Fletcher went from disaster relief to having his entire life and livelihood in jeopardy in a matter of seconds.  He was arrested and charged with carrying a firearm.  He is currently back in North Carolina following a $25,000 bond.

Petition For Pre-Trial Intervention

This isn’t an issue of reciprocity rights.  This is an issue of no reciprocity whatsoever.  This man was in New Jersey doing disaster relief at a moment’s notice – at the bequest of New Jersey.

I had the distinct pleasure of talking to Fletcher on Sunday (July 5) to discuss where he was in the legal proceedings and what we could do to help.

“I talked to my attorney,” Brian said, giving me an update on his situation. “We’re trying to get a Pre-Trial Intervention – if I qualify for that.”

A Pre-Trial Intervention is a program offered through the State of New Jersey to act as an alternative to prison for first-time offenders.  It affords them the opportunity to avoid prison time and criminal history on their record.  It’s only available to first time offenders.

“What’s the likely result of a Pre-Trial Intervention?”  I asked.

“It would be 36 months probation.  If I go through that, I can get it dismissed.  I’ve called my congressman.  The best thing to do will be to get a pardon.  I’ve asked the Sheriff to write a letter on my character.”

When asked about how he felt about reporting his possession of a firearm to the New Jersey police, he responded, “it was the right way I was supposed to handle it.”

According to Fletcher, the initial trial date is July 13.  At present, his NJ attorney is attempting to push it back to August to allow more time to secure a Pre-Trial Intervention.

How can you help?

1) SIGN THE PETITION

We’ve included the names and contact information for both Fletcher’s representatives and the representatives in Trenton, New Jersey.  Here is the link to a petition to support Brian Fletcher vs. State of New Jersey.  The more attention we can draw to this, hopefully it will result in Chris Christie’s direct, benevolent involvement.

We urge you to be polite but steadfast in requesting a Pre-Trial Intervention for Brian Fletcher.  He was up in New Jersey performing disaster relief on cell phone towers and he acted exactly as he should have.  The New Jersey Governor, Chris Christie, ought grant an immediate pardon for Brian Fletcher and all charges should be dropped.

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Do not hold an innocent man in the cross-hairs because of a lack of recognizing other states right to bear arms.  Brian Fletcher didn’t have a concealed carry permit – and it likely wouldn’t have mattered if he did because New Jersey doesn’t acknowledge those any ways.  Help support a good man in the wrong place at the wrong time!

2) EMAIL GOVERNOR CHRIS CHRISTIE

This is the website where you can send an email to Governor Chris Christie and request a pardon on behalf of Brian Fletcher.  Carrying a firearm with you is a Constitutional right afforded by the Second Amendment of the Bill of Rights and shall not be infringed.

An example letter you can send to the Governor of New Jersey:

“Dear Governor Chris Christie,

On June 28, 2015, Brian Fletcher traveled from his home in North Carolina to Trenton, New Jersey, to assist with disaster relief efforts.  With little time to mobilize, he conducted himself in the proper and legal fashion of a North Carolinian by dutifully informing your law enforcement officers that he had a firearm with him in his truck.

You have the power to pardon this man and not unduly deprive him of liberty and his livelihood.  His family depends upon him to be the law-abiding man we all know he is.

Show your understanding of the principles of our Founding Fathers by granting Brian Fletcher of Butner, North Carolina, a pardon for the felony the State of New Jersey has levied against him for this honest mistake.

Regards,

[Your Name]”

3) And if you’re one of the few and proud who really wants to get into it – help Brian gain the support of his representatives and that of those in Trenton, New Jersey.

Pre-Trial Intervention – Butner, North Carolina Representatives

Senator Floyd B. McKissick, Jr.
Democrat – District 20
N.C. Senate
300 N. Salisbury Street, Room 629, Raleigh, NC 27603-5925
Phone: (919) 733-4599
[email protected]

Representative Larry Yarborough
Republican – District 2
N.C. House of Representatives
16 W. Jones Street, Room 1301, Raleigh, NC 27601-1096
Phone: (919) 715-0850
[email protected]

Pre-Trial Intervention – Trenton, New Jersey Representatives

Senator Shirley K. Turner
1230 Parkway Ave., Suite 103, Ewing Twp., NJ 08628
Phone: (609) 323-7239

Assemblyman Reed Gusciora
144 W. State St., Trenton, NJ 08608
Phone: (609) 571-9638

Assemblywoman Elizabeth Maher Muoio
144 West State St., Trenton, NJ 08608
Phone: (609) 571-9638
Fax: (609) 571-9645

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About James England | View all posts by James England

James England is a Marine Corps veteran of Operation Iraqi Freedom and has served as a defense contractor in Afghanistan in support of Operation Enduring Freedom. His daily concealed carry…

James England is a Marine Corps veteran of Operation Iraqi Freedom and has served as a defense contractor in Afghanistan in support of Operation Enduring Freedom. His daily concealed carry handgun is a Glock 36 in a Lenwood Holsters Specter IWB or his CZ-75D PCR in an Alien Gear MOD holster.

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  • tom

    The next time New Jersey calls for out of state help from anyone for anything should tell “Sorry your call cannot be completed as dialed.” Then let the high and mighty New Jersey representatives haul their tool kits up a tower to re connect cell service or to clear storm trash and limbs.

  • txJM

    If there’s anything our culture (the gun culture) pounds into our skulls week after week, it’s that there are no “accidents”, when it comes to gun ownership. This is NEGLIGENCE.

    When he was approved for his permit, it was after he had confirmed his understanding of his responsibilities and the law – in writing. This includes his understanding that New Jersey does not recognize his North Carolina permit. By the way: he also went through Maryland, which does not recognize ANY out-of-state permits.

    Also, “at the request of New Jersey” is a misnomer: you mean, “at the cost of New Jersey”. He’s a self-employed contractor…not the Red Cross.

    If he had been an unlicensed carrier from a Constitutional Carry state, would you still attempt to crowdfund his defense?

    • James England

      Considering we’re not crowd-funding his defense fund – no. We’re hoping to bring attention to an issue that ought be resolved. And if a Constitutional Carrier brought his gun into a place with draconian gun laws and faced 5-10 years in prison, yes – we’d probably cover it. We wholeheartedly support a system of laws governing civil society and we support concealed and open carriers in being able to defend themselves. The framework of those laws are shaped through court cases like this.

      And yes, he’s a contractor – working on the telecommunications system that we all depend upon.

      • txJM

        1. The framework of the law should NOT be changed in response to a person breaking the law. That type of thinking is why we have a justice system full of activist judges. It should be changed by a reverse engineering of the same system that enacted it, to being with: namely, the state congress as elected by the citizens of the state.
        Your article advocates an action by the executive branch that circumvents the legislative and judicial branches. I’m not okay with that.

        2. New Jersey is not draconian. Not by far. It is surrounded by larger states with more relaxed gun laws, and yet retains the highest population density in the entire country. It may be less desirable in comparison, but if it were “draconian” – as you say – then more New Jerseyans would move out.

        3. I don’t depend on a telecommunications system. I enjoy it. But as I don’t make a living writing sensationalist columns online, I can get by just fine without it.

        • James England

          1. The executive branch already acts in that role when the governor pardons someone for a crime. And that is within his right to do – with conditions – by law.
          2. That’s a hasty generalization: “this law is just” because “population density”. If you wanted to go with some support for that argument, you may try statistics related to gun violence and do a comparison of population density to incidences of crime.
          3. It’s completely possible to have a civil discussion and disagree without resorting to personal attacks.

          • txJM

            1. Is it not hypocritical to say that it is “within his rights” for the governor to take action to pardon a crime for which a man was charged “within the rights” of the police and the judicial branch to prosecute? I see what you’re saying, and I agree that this case should be reviewed. I disagree that it should become a national issue.

            2. I never said the law was “just”. But it is the law. What steps have you taken against New Hampshire’s Title XII Chapter 207:7 II ? I don’t see anything published in defense of Darren Sekh…

            3. Agreed. What’s your point?

        • LibertyDwells

          The number of people fleeing the Draconian, over-taxed, cesspool of despair commonly referred to as New Joisey is large and has been noted in more than one article over the past few years. The state is one of the armpits of this nation and its accelerating demise is a joyful thing to watch.

          Just one more leftist success story. No wonder Christie wants out so badly…

        • George L Smith III

          I’m sorry when New Jersey’s AG writes an amicus brief to the US Supreme Court justifying the violation of the NJ Citizens 2nd Amendment rights by stipulating NJ is the EXCEPTION to the 2nd Amendment because it’s been able to get away with it for the past 90 years…. New Jersey’s gun laws are draconian…

          • txJM

            The AG’s letter is not near as important as the Supreme Court’s response…which was to decline to hear the case.

        • George L Smith III

          Maybe a study needs to be conducted that correlates draconian gun laws and minority population density, you see txJM if the reason for strict gun control is population density in NJ. Then we all need to consider the motivations of the politicians who need strict gun control of high density minority populations

          • txJM

            There already is one. It’s called: general elections.

  • syrenstomb .

    Should have just left the pistol at home. As a “law abiding gun owner”, I’ve learned the laws regarding transporting and carrying when I travel for recreation. This was a stupid mistake that is going to haunt him for the rest of his life. I am sure he meant well, but it’s your responsibility to be informed when you travel.

    • James England

      You’re absolutely right. As a concealed carrier, it’s our responsibility to remain informed about local laws governing firearms. It’s a hard process sometimes and mistakes are bound to occur. Does the punishment fit the crime? Absolutely not. There are a lot of effective alternatives to this sort of punishment. Taxpayers paying for him to live in a prison for 5-10 years while his family has to fend for themselves is not it. Let’s use this opportunity to bring attention to laws that should have been changed years ago.

      • txJM

        I happen to like state sovereignty.

        • AlwaysWatching

          I like state sovereignty as well. However, since many of the other amendments in the Bill of Rights have been incorporated as to apply to the states, his right to self-defense with a firearm should not be infringed by ANY state.

          • txJM

            So, if I say, “I’m just joking,” as I point a loaded weapon at someone’s face, it’s my right to bear arms, yes?

          • AlwaysWatching

            Pardon me for being dense. What are you asking?

          • txJM

            I’m asking: where is the line drawn?

          • AlwaysWatching

            What line? Freedom means doing what you want, balanced with the responsibility of not interfering with someone else’s freedom to do the same. To point a gun or a knife at someone is to threaten their life, interfering with their right to life and liberty. If you draw a weapon on someone, even if you meant it in jest, could easily get you killed. The issue, as I see it, is that the state shouldn’t infringe on your ability to carry a weapon for self defense. Once you draw that weapon however, you now pose a threat that CAN be regulated. In most jurisdictions that is brandishing, unless you are in fear for your life from an imminent threat. Does that answer your question?

          • txJM

            Yes, it does. In short, my liberties end where your feelings begin. If you FEEL threatened, you can infringe.

            Pretty draconian.

          • AlwaysWatching

            Draconian? I don’t think that word means what you think it does. When you take an overt action intended to place someone in fear, that is an action for which you should be punished. To simply carry a firearm in a holster is not considered a threatening action. And simply hurting my feelings is not an appropriate excuse for me to threaten you with physical harm. Do you see the difference?

          • txJM

            I’m being facetious to make a point, and it’s going over your head. You’re trying to convince me that common sense has a place in firearms law…and you’re doing it in the comments section of an article that purports that common sense is not a requisite for exercising the Second Amendment right.

            Let me go back to being facetious again: Having a gun pointed at you is not proof of intent – it is a strong indicator of intent. The laws of NJ simply lower that bar; any civilian carrying a loaded handgun within reach in NJ is – statistically – up to no good. Is it proof of ill intent? No. But it is a strong indictator.

            If you think that’s infringement, then ask yourself why it’s illegal in every state for someone to carry a gun in their hand while in public. The Second Amendment doesn’t have the words “holster” nor “secured” anywhere in it.

          • Thomas

            “any civilian carrying a loaded handgun within reach in NJ is – statistically – up to no good.” Where did you get that statistic?

          • txJM

            My brother-in-law is NJSP

          • Thomas

            Is that because only bad guys carry, therefore the statistic is meaningless?

          • txJM

            Well, that would be a nice argument… But Texas, Mississippi, Delaware, Louisiana, and other gun-friendly states each lead NJ in per capita murders by guns, so it wouldn’t go over very well.

          • Thomas

            I think we can both agree that statistics can be tortured. Let’s consider a singular statistic – yours. Confronted with a life-or-death situation in the face of an assailant, what is your statistic for survival if you have a firearm or you do not?

          • txJM

            I can’t answer that, except to say two things: I would consider my odds better with a gun, of course…but only because of my training history and interest in personal defense.

            The majority of Americans would not enjoy those odds with a firearm.

          • OldBald06

            txJM: Your brother was instructed by idiots.

          • txJM

            I’d expect no less of a comment from a bald guy in his 50’s who browses The Chive for smut and finds the breaking headlines four days late…

          • AlwaysWatching

            Fair enough.

          • Carl Stevenson

            You’re obviously a troll and a moron.
            If you point a weapon at someone, you deserve to get shot. If you point one at me, you WILL.

          • txJM

            My rights end where your feelings begin?

          • jwbaumann

            “keep and bear arms”. Not point and shoot. The latter activity can be regulated, and bad conduct punished.

          • txJM

            Why? Does the Bill of Rights give that leeway?

          • jwbaumann

            Yes, actually, although since the SCOTUS is the final arbiter of all things Constitutional, that’s pretty much a crap shoot right now (“Of course ‘shall not be infringed’ means ‘give all your money to the government,’ Mr. Roberts. What other interpretation is there?”).

            But seriously, read the text of the Tenth Amendment. Since the right to Point and Shoot is not listed, it falls to the States or the People. Therefore, States (or “States or the Federal Government,” according to SCOTUS, and yes I’m being snarky) do have the Constitutional right to regulate that behavior.

          • txJM

            Then why is NJ’s current law considered unconstitutional by purists?

          • jwbaumann

            I am insufficiently familiar with New Jersey’s law, and with the objections to it, to comment.

        • mikegray24

          Are you really advocating that state sovereignty should outweigh the Bill of Friggin’ Rights? That is an asinine argument and ignores all historical context and intent.

          • txJM

            Okay, Mike, have fun with your open carry demonstration in Washington DC. I’ll be rooting for you.

          • mikegray24

            What is your point? Do you even have one? I’ve read this entire thread and I’m pretty sure that trolling is the only one.

          • txJM

            I’ve made several points. Here’s a recap…

            – The Bill of Rights is not absolute. We have to apply common sense. NJ believes that their prohibitive CCW process is common sense.

            – Someone who carries a pistol in the cab of their truck without a permit in non-CCW states is irresponsible and doesn’t deserve media attention.

            – National reciprocity undermines state sovereignty.

          • mikegray24

            Who said anything about absolute? I suppose when NJ makes a law abridging freedom of speech, you’ll be running around yelling about state sovereignty? Or will you point to the Bill of Rights? I bet if a police officer kicked your door in without a warrant because he thought you were suspicious, you’d be screaming about the 4th Amendment.

            “The People” is all of us, not citizens who happen to live in free states. And what part of “shall not be infringed” do you not understand?

            And how do you know he was “carrying” the pistol? The article doesn’t state that. In NJ, even if it was locked in a case, unloaded, it is still against the law for him to ride around with it in his truck. Maybe it was loaded, but do you have that fact? If he didn’t, how does that have anything to do with CCW reciprocity?

          • txJM

            First of all, you asked about the entire page, not just this thread. Dear God in Heaven…

            Second: read the source that is linked in this very article – his wife wrote that the gun was loaded and tucked in the door panel.

            FYI, it is completely legal to transport and keep a pistol in NJ, as long as you do it according to the law.

          • mikegray24

            I don’t even know what you’re referring to with the entire page versus thread thing.

            Second, you might want to familiarize yourself with the laws governing the transportation of firearms in NJ. I lived there for 36 years. Driving around there with a boxed and locked firearm is most certainly not legal unless you’re on your way to or from a place where it may be legally possessed, such as a target range, hunting, home, a friend’s house, etc. or unless you’re in the process of moving, or passing through the state, etc.

            I refer you to Brian Aitken’s case for more on that. He was actually following the law and went to prison.

            Keep going on about state sovereignty and excusing the inexcusable. It’s clear where you stand.

          • txJM

            Brian Aitken did NOT follow the law. He was charged for transporting double-stack mags and hollow nosed ammunition (convicted for the latter).
            36 years in a state, without fully understanding the law… THAT’s inexcusable. Especially when you have family that know better. Maybe you’re not friends with the same people they are, but the Grays in Pennsville and Wilmington seem to be much clearer about the laws of their state than the Gray in Weatherford. I lived in Salem County for 12 years and have family in NJSP and local PDs.

            By the way: RIP Bruce Maahs, who helped me get my first carry permit. I’ll bet you and I were born in the same hospital – Salem Co Memorial in Mannington?

          • mikegray24

            He was convicted of felony possession of a weapon, possession of illegal mags, and possession of hollow-nosed ammunition. The first two convictions were overturned. It was not hollow-nosed ammunition that got him a seven year sentence. So yes, technically he broke a law. But the transportation was the whole case and that’s specifically my point.

            Second, is your little Google episode supposed to intimidate me? You weren’t born at Salem Co. Memorial Hospital and neither was I. You’re a pathetic little scumbag Internet troll and I’m done wasting my time trying to educate you. Can’t just debate the issues, can you? You have to make it personal.

          • txJM

            No offense meant. You’re using your real name, first of all, and you’re trying to bludgeon me with your supposed NJ residence. I had no interest in those details until you insisted that you were some kind of New Jersey expert because you just happened to live there (I hesitate to say, “grew up there”). I was born at Salem County Memorial, and know many current Salem County residents. If by “debating the issue” you mean UNDERSTANDING THE LAW, then by all means: retreat.

          • OldBald06

            txJM: National laws *TRUMP* State laws.

      • syrenstomb .

        You’re right James, the punishment doesn’t fit the crime. It amazes me what constitutes crime anymore. Who knows, perhaps the judge’s head won’t be “up and locked” and some understanding may come to bare in court. It’s a hard lesson, but until those who make these laws are seeing things they way we do, everyone has to manage due diligence when firearms are involved.

      • jwbaumann

        “shall not be infringed.” All “local laws” infringe and are therefore unconstitutional. Case closed.

      • vince

        I live here and the whole legislature are a bunch of self loathing scumbags who fleece us to death with tolls and taxes. And Chris Christie should save his time and money and refrain from running for president , because no GOP candidate against guns doesn’t stand a chance.

    • Steve S Cunningham

      I agree I was ready to jump on the bandwagon until I read that he didn’t have a conceal carry permit. Get a permit and learn state laws, you just can’t drive all over the country with a gun.

      • FrozenTundra

        You should be able to. A firearm secured in a vehicle is not considered concealed. It is a draconian NJ law.

        • Ray Houthuysen

          Can’t carry in any wheeled vehicle in michigan without a valid permit to carry concealed.

          • Cameron

            I can have as many guns in my truck that I want in Texas. I just have to hide the pistols. Course that’s just asking for it to be stolen lol

          • mikegray24

            How do you get to the shooting range?

          • Private Matters

            Separate ammo from gun, use lockable cases, place in trunk unloaded.

          • mikegray24

            Do we know his gun wasn’t secured this way? The article makes no mention of this.

            It doesn’t matter much because it’s still illegal in NJ to do that. But there’s a difference between a loaded pistol in the center console versus one unloaded and boxed up. Not that philosophically he shouldn’t be able to do either, but having an unloaded boxed up pistol is not “carrying concealed.” As I said, maybe it was loaded, I just don’t know from reading the article.

          • txJM

            Read the source article – his wife states that it was loaded and in the door panel.

          • OldBald06

            And you never thought of carrying a copy of the US Constitution?? That’s valid in *every one of the fifty states*.

      • OldBald06

        “You just can’t drive all over the country with a gun”. The Second Amendment to the US Constitution begs to differ with your foolish statement. So, as there are *NO* misinterpretations: “A well regulated militia being necessary to the security of a free
        state, the right of the people to keep and bear arms shall not be
        infringed.” The *comma” is a separator.

    • jwbaumann

      “shall not be infringed.” Case closed.

    • Aaron Westlake

      It’s easy to say “should have just left it at home.” When you get a phone call saying you need to respond to a disaster, your focus is on getting equipment in the truck, clothes packed, family matters lined out as best you can for the foreseeable future, kissing your spouse and children goodbye and telling them you love them. ALL OF THIS is done within an hour so you can go and help masses of people that couldn’t care less about you. Travelling for recreation doesn’t even come close to disaster deployment. Next time you plan a pleasure cruise…..limit yourself to 1 hour to pack and go, see how much you forget. Oh yeah, don’t forget, all of his packing was done AFTER a full day of work…..we got the call @ 2200 hrs.

      • Scott Egli

        I disagree on this point. You need to know where you have loaded guns with kids in the house. From the pic, I assume kids lived with him. Tough to believe he did not purposely pack the gun.

      • syrenstomb .

        So you’re saying he leaves the pistol in the truck all the time? I called this a stupid mistake already. And yes as a former volunteer firefighter I know EXACTLY what it is to get a disaster call at a moments notice any time of the day or night after working a full day. I’ve come home after putting rigs back together with just enough time to change my shirt and head to work. As I also stated, I do not think what he is now facing is right, but it is what it is. All he can do now is look the judge in the eye and deal with what may come.

  • J R

    This man made a mistake and considering he was coming here to help others during a disaster when another stupid person did the same thing while going from Philly to Atlantic City to party it up got off….the governor BETTER pardon this man! You opened the door by already pardoning someone else for doing the same thing so lets see if race and gender play a role here!!!!!

  • dilsin

    Yes, this is a stupid law. Yes this guy should not be prosecuted. But seriously….who doesn’t know….DO NOT BRING A GUN INTO NEW JERSEY!!!!!!

  • ChuckL

    Henceforth, New Jersey is on your own. Fix it yourself or do without. Maybe your cops can fix it for you.

  • Chrissums

    His mistake. Telling the cop anything more than “What am I doing here? I am fixing YOUR services, dipshit.”

    • Gary Wieland

      Amen to that, brother! This poor man was just naive and not “dumb” as others have suggested. Chrissums, you got it right about giving out as little information as possible. 20/20 hindsight is great, but telling a NJ State Cop that you’ve got a gun was definitely not the thing to do. He is probably used to police that will use their brains instead of a strict guideline when “serving and protecting”. Personally, were I the cop in that case, I’d have told him to find a better hiding place for the gun in his trunk and leave it there until he gets to a reciprocity state. That would have been the right thing to do under the circumstances prevailing. You know, how he left his home and family at a moment’s notice to come aid NJ when they called for help.

      • vince

        in Nj the police think they are the only people that should have a guy, and when they hear Gun they want to call the swat team and beat you into the earth.

        • mike

          I agree he should not have said anything but this is another case of a good and decent citizen being up front with law enforcement, and losing. Has happened way to much and in states with hyper-sensitive LEO’s. It’s obvious he was not there to shoot up your town or make a moment of fame through a senseless act. He was gainfully employed and there to help. Why cant we just let something go every now and then?

      • Iknow50now

        That cop is one stupid MF! He doesn’t deserve to wear the badge!

  • Joe Fucile

    Yet another reason to avoid that shit-hole state with the fascist tools running the place.

  • Moral of the story? Fck New Jersey.

  • Superdad1

    This case is exactly why we the people must http://www.RecallSweeney.com

  • txJM

    The more I read about this story, the more convinced I am that gun blogs should stay way, far away from this one. Not only is Mr. Fletcher NOT a licensed carrier in North Carolina, but he was transporting his gun in a way that is illegal in every state he traveled through – from NC to NJ.

    Good luck with that pardon.

    • TarheelGlock

      You DO NOT need any license or permit to carry a loaded handgun in North Carolina that is not concealed on your body or in a vehicle as long as the handgun can remain visible such as the door side pocket which is where he reportedly had it (and where I keep one of mine)or in a holster.
      It is also perfectly legal to carry a loaded handgun in Virginia without any type of “permit” as long as the handgun is secured in some type of container such as the side pocket of a door (where he had it) or the console or glove box. The container does NOT have to be locked. So he travelled legally without question in his home state as well as Virginia.
      As for me, when I drive to New England I go out of my way through West Virginia and Pennsylvania to avoid Maryland and New Jersey and New York City altogether.
      Even if Mr. Fletcher had a concealed carry permit it would not have been recognized in Maryland nor New Jersey.
      If Governor Christie has not fully pardoned Mr. Fletcher by the end of this month (August) there is no way he will have any chance of ever receiving my vote,

  • Carl Stevenson

    Other states should refuse to accept NJ drivers licenses, vehicle license plates, etc
    I live in PA and I refuse to set foot in NJ because they refuse to recognize my right to self defense.

  • Jay Murke

    FYI – if you are sending a letter in support of PTI, bitching the NJ prosecutor or representatives out over what you think are draconian or unjust laws will not help Mr. Fletcher’s cause. More likely, you will hurt his cause. Those of you who know him and can attest to his good character and law abiding background will help him. Discussions that he made an honest mistake will help him. Insults to NJ are not warranted as well. PTI is usually pretty easily granted as long as there is no prior criminal background.

  • Kirby Crowley

    “Behest”, not “bequest”

  • Brandon Mills

    I played baseball and softball with Brian, know him for 14 years. In 2005 we deployed in the same crew to restore Cingular’s mobile network in Mississippi and Louisiana in the aftermath of Hurricane Katrina. Ten years later and we each own our own companies but still work with each other as peers, not competitors. I got the same call he did 2 weeks ago close to midnight out of nowhere. “We need electrical crews in Trenton NJ now!”. So I start calling my crews who are all in bed or asleep to get packed and we must hit the road in an hour. They are thinking, “Do I have childcare lineup?”, “Are my local jobs covered?”, “Do I have the right equipment in my truck?”, “Who can I call to ride with me as my assistant?”, “Do I have enough cash on my in case the power is out and banks and ATMs are not available?”… there are so many things we must consider, especially us who have deployed to Katrina, Rita, Sandy, Irene, and others where nothing is open and you have to use cash to pay for fuel and food where you can find it, and hotels (IF you get to sleep). My first week of Katrina I worked 160 hours, for Sandy it was 152 hours. I leave my family at a few hours notice and we could be gone 4 days or 4 weeks. So, is it conceivable that Brian did not even think abut the gun he carries without a second though 350+ days a year? Next time it will be, but as he was mobilizing him, and other workers to leave with no warning to drive 8 hours to assist people in another state, he wasn’t pulling out of his driveway thinking “Screw NJ and their gun laws! Yeeehaw!”. He probably gave it no thought whatsoever until the police officer approached him. Then, unlike a criminal or someone trying to skirt the law, he was forthright in his predicament, obviously not knowing that what he was doing was illegal (from my experience, people knowingly breaking the law do not volunteer that information to law enforcement). Anyways, I see a lot of people on their soap boxes who have no concept of what we do and the stress involved. Have some compassion on Brian. He is, and I do not exaggerate, truly one of the nicest, most caring, and most genuine guys I have ever known. I have never heard him speak a foul word towards someone else, and frequently hear him uplifting others and being a good friend and father.

  • How many pardons is Christie gonna give before people realize that New Jersey is a state hostile to the legal ownership of firearms?

  • Thomas Giezey

    You have the right to be a victim in NJ…That is all

  • Gary Wieland

    First off, I’m originally from New Jersey. Now everyone here’s knows one of the reasons I left. Back in 1963 I got a .22 rifle for Christmas and could go out in the fields behind my hours and shoot all day without so much as a concern. We had 88 acres (yes, some of NJ is farm country). Now there would probably be a SWAT team up my 11 year old ass hunting me down. Again, one of the reasons I left. Maybe NC should practice some quid pro quo and start puling over every NJ licensed driver going through NC on the way to Florida. Who knows, they might have an open container, weed, illegal provocative clothing, obscene tattoos, yada, yada, etc. There should be a federal law to protect out of state gun owners who are “just passing through”.They could still prohibit carry to those people, but if I’m traveling around the country and go through two out of twenty states that have such laws, making me leave my gun behind just to go through those two states is plain ridiculous. And yes, I signed the petition that’s going to be sent to Mr. “I like to be president” Chris Christie. Please do so as well!!!

  • vince

    NJ has got to start to realize guns aren’t illegal, people are, and if the crime committed was the possession of a firearm which is a constitutional right then something is wrong. The supreme court say two fags can marry because the constitution say they have their right to pursue happiness nation wide no matter what any state laws says, then the same rule should stand for the second amendment coast to coast

  • 2bad4U

    New York State is the same. They don’t honor other states legally licensed carry permits. When other states request recognition they are denied. Every thug in NY and NJ are illegally armed, yet law abiding legally licensed gun owners are banned. Go figure.

  • Mike Bacon

    I would not give NJ anymore disaster relief

  • brandon

    Let that entire Totalitarian state go to hell, leave them in the dark, turn Obama’s brothers loose on their darkened cities.

  • mike

    Maybe its time we test the gay marriage laws application to CCW carry. This appears to be a 14th amendment issue as to whether the State can deny reciprocity of another states permit. Let’s see how this pans out. Looks like a good test case.

  • dAk k

    Lets see, a five time deported repeat felon illegal alien that ends up committing murder seems to have more rights than an ‘actual’ US citizen that makes a mistake. elections have consequences.

  • sh68137

    Where’s the victim?
    No victim, no crime.

  • Bfish980

    Take it to the Supreme Court. All states have to recognize Gay marriage because it’s legal in some. All states should have to recognize carrying a weapon with or without permit too

  • Bryce Hoover

    What gets me is he was smart enough to tell the cop he had a fun but not smart enough to check reciprocity.

  • Ripper

    New Jersey is another commie state that liberals have destroyed.

  • Ih2puo

    Mor al of the story? Don’t help the north or go into a liberal controlled state.

  • disqus_Wz58Qq14ii

    LMAO! HE SLAPPED THIS GUY AROUND

  • Brian Fletcher was not an “innocent man” as the editorial states. In fact, he readily admits that he broke the law. I fully agree that this is surely a case that should handled before it goes to court, but let’s not pretend that ignorance of the law is a valid excuse for breaking it.

  • Mulder Fox

    this could have been easily stopped at the time of the arrest. In an alternate universe, the NJ cop would not have been a total scum bag and recognize the mistake, let the ‘offender’ lock his gun in the trunk and let him go with a warning. NJ cops are known for been complete self centered assholes. Stay away from NJ as much as you can.

  • lbeacham

    I’m constantly reminded of the bitter loss the South has continued to endure after Robert e. Lee was forced to surrender.

  • Aaron E

    I actually was redirected here from another site, but I got sucked into txJM’s diatribe on “state sovereignty” over National individual rights (a.k.a. personal freedoms).

    “The laws of NJ simply lower that bar; any civilian carrying a loaded handgun within reach in NJ is – statistically – up to no good. Is it proof of ill intent? No. But it is a strong indictator. If you think that’s infringement, then ask yourself why it’s illegal in every state for someone to carry a gun in their hand while in public.”

    WOW! Apparently New Jersey is the armpit of the U.S. like so many claim that it is and EVERYONE with a gun is a criminal gang member (sorry beautiful parts in western and southern NJ). I appreciate your family is in NJ law enforcement – I’m nearly 20 years in myself, but the Constitution is the Constitution, and that is the highest duty of the law enforcement officer. Those officers are being mistreated by Unconstitutional laws passed by legislators who have abandoned the Constitution and have encouraged nonsensical profiling (NJ didn’t do so well with that on their highways if I remember the court case well).
    The draconian gun laws are simply a trampling of the Bill of Rights. “Keep and bear” means a person has the right to possess and carry firearms – not point them at someone.

    As for txMJ’s claim to, “ask yourself why it’s illegal in every state for someone to carry a gun in their hand while in public.” You are so, so wrong sir. Open carry is and has been legal in many States, and several more have joined that list recently (only 6 States prohibit, 13 require a permit to open carry, and the rest have no permit requirement to open carry). That is the “bear arms” portion of the 2nd Amendment. I’ve seen several in my time on the force – almost always someone making a policitcal point. Occasionally hunters or people going to target ranges – no big deal!
    Though I do not support the ridiculous people carrying AR-15’s around to make a point, in those States where open carry is legal it can and has been done – legally! In their hands … legally!

  • Todd Johnson

    Actually the scotus just settled this with its 14th amendment rulling on gay marraige. The state cannot prevent what another state allows so suck it nj.

  • Karen L Sadowski

    I actually called the Gov. Christie and sent him an email

  • Karen L Sadowski

    I still don’t understand if you have to go through a background check in one state, should you be able to carry in any state.

  • This guy is out doing a dangerous job on short notice at the request of NJ. The cop made the first mistake by following the literal letter of the law and not allowing for circumstances. The first appearances judge made the next mistake by not dismissing the case outright. There are so many places where someone could have done the right thing, yet no one chose to and now it’s going to the governor? The priorities in NJ need a serious adjustment.

    • By the “literal letter of the law,” do you mean “the law.” As a gun owner, did he not have an obligation to know the law of the state he was traveling to?

  • Jim

    I am assuming he did not have the firearm locked in a case like you are supposed to when transporting a firearm in NJ. If he did then I would imagine it would not have been that big of a deal.

  • Ed Yost

    Please give us an update, I am Cell Tower Tech and a CCW holder that carries while on tower sites even in states like NJ and NY but with great caution and downright nervousness. I want to share this story on FB Tower groups but I want to know what has happened in the interim.