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The Water Cooler
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How prosecutors came to dominate the criminal-justice system
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<blockquote data-quote="_CY_" data-source="post: 2710792" data-attributes="member: 7629"><p>New Jersey Man Faces Jail Time for Transporting an Antique Pistol</p><p></p><p>February 18, 2015 </p><p>He did break the law, but the law is absurd.</p><p></p><p>I did break the law to my shock, Gordon Van Gilder tells me over the phone. He sighs. Legally, theyre right.</p><p></p><p>The they in this equation is the state of New Jersey. The I is Van Gilder, a 72-year-old retired schoolteacher from the town of Millville. And that law-breaking? Well, that could be extremely costly indeed. For transporting a 300-year-old flintlock pistol without a concealed-carry license, Van Gilder has been charged with a second-degree felony specifically, with unlawful possession of a handgun and he is facing a maximum of ten years in state prison. This, he suggests, is unbelievable.</p><p></p><p>Van Gilders ordeal began last November, when the car he was traveling in was pulled over by police. At the time, he and a friend were on their way back from a meeting with an antique dealer. Im very interested in the 18th century, both here and in Britain, he tells me over the phone. Ive collected a lot of 18th-century items. I have some things from the Continental Army, including some personal documents letters and so on. But Im more interested in the things they made. My house is full of 18th-century furniture. I have little spoons, glassware. Its an obsession of mine. Im not a gun collector per se, but I think theyre interesting.</p><p></p><p>The gun in question, Van Gilder says, was probably made about 1765 in Belgium for the British market. A dealer found it in Pennsylvania, and held it for him. I paid $800 for it. Its a boxlock pistol, so theres no hammer. Its beautiful.</p><p></p><p>Having picked the gun up, Van Gilder and his friend first went to lunch, and then they headed home. My friend was driving because my arm is shot, Van Gilder recalls. On the way home, the pair were pulled over by a local sheriff. According to Van Gilder, the detaining officer told him that he wanted to search the car, and threatened him with dogs if he refused. I didnt mind, he tells me, but he wanted to make sure that the officer knew that there was a flintlock pistol in the glove compartment, and that he had just purchased it. Oh, man, Gilder says. Immediately, he wanted to arrest me. But when he called the undersheriff, he was told, No, its a 250-year-old pistol; let him go.</p><p></p><p>The officer did as he was told, and gave the pistol back. The next morning, however, he came back with three cars and three or four sheriffs. Van Gilders says, He told me, I should have arrested you last night. So he did. They led me away in handcuffs and, at the station, chained me by my hands and feet to a cold stainless-steel bench.</p><p></p><p> the prosecuting authorities had absolute discretion. Then, as now, they did not use it. In this latest case, it seems clear that there was no need to arrest Van Gilder in the first instance, and neither was there any obvious justification for charging him. Indeed, in a reasonable state, the existence of judgment-limiting mandatory minimums would make prosecutors more likely, not less, to drop the fringe cases at the outset. But New Jersey is not a reasonable state, and its authorities are neither kind nor judicious. Rather, they are stubborn and they are zealous. There is something unutterably rotten about the Garden State these days. Gordon Van Gilder is merely the latest victim.</p><p></p><p><a href="http://www.nationalreview.com/article/413990/new-jersey-man-faces-jail-time-transporting-antique-pistol-charles-c-w-cooke" target="_blank">http://www.nationalreview.com/article/413990/new-jersey-man-faces-jail-time-transporting-antique-pistol-charles-c-w-cooke</a></p></blockquote><p></p>
[QUOTE="_CY_, post: 2710792, member: 7629"] New Jersey Man Faces Jail Time for Transporting an Antique Pistol February 18, 2015 He did break the law, but the law is absurd. I did break the law to my shock, Gordon Van Gilder tells me over the phone. He sighs. Legally, theyre right. The they in this equation is the state of New Jersey. The I is Van Gilder, a 72-year-old retired schoolteacher from the town of Millville. And that law-breaking? Well, that could be extremely costly indeed. For transporting a 300-year-old flintlock pistol without a concealed-carry license, Van Gilder has been charged with a second-degree felony specifically, with unlawful possession of a handgun and he is facing a maximum of ten years in state prison. This, he suggests, is unbelievable. Van Gilders ordeal began last November, when the car he was traveling in was pulled over by police. At the time, he and a friend were on their way back from a meeting with an antique dealer. Im very interested in the 18th century, both here and in Britain, he tells me over the phone. Ive collected a lot of 18th-century items. I have some things from the Continental Army, including some personal documents letters and so on. But Im more interested in the things they made. My house is full of 18th-century furniture. I have little spoons, glassware. Its an obsession of mine. Im not a gun collector per se, but I think theyre interesting. The gun in question, Van Gilder says, was probably made about 1765 in Belgium for the British market. A dealer found it in Pennsylvania, and held it for him. I paid $800 for it. Its a boxlock pistol, so theres no hammer. Its beautiful. Having picked the gun up, Van Gilder and his friend first went to lunch, and then they headed home. My friend was driving because my arm is shot, Van Gilder recalls. On the way home, the pair were pulled over by a local sheriff. According to Van Gilder, the detaining officer told him that he wanted to search the car, and threatened him with dogs if he refused. I didnt mind, he tells me, but he wanted to make sure that the officer knew that there was a flintlock pistol in the glove compartment, and that he had just purchased it. Oh, man, Gilder says. Immediately, he wanted to arrest me. But when he called the undersheriff, he was told, No, its a 250-year-old pistol; let him go. The officer did as he was told, and gave the pistol back. The next morning, however, he came back with three cars and three or four sheriffs. Van Gilders says, He told me, I should have arrested you last night. So he did. They led me away in handcuffs and, at the station, chained me by my hands and feet to a cold stainless-steel bench. the prosecuting authorities had absolute discretion. Then, as now, they did not use it. In this latest case, it seems clear that there was no need to arrest Van Gilder in the first instance, and neither was there any obvious justification for charging him. Indeed, in a reasonable state, the existence of judgment-limiting mandatory minimums would make prosecutors more likely, not less, to drop the fringe cases at the outset. But New Jersey is not a reasonable state, and its authorities are neither kind nor judicious. Rather, they are stubborn and they are zealous. There is something unutterably rotten about the Garden State these days. Gordon Van Gilder is merely the latest victim. [url]http://www.nationalreview.com/article/413990/new-jersey-man-faces-jail-time-transporting-antique-pistol-charles-c-w-cooke[/url] [/QUOTE]
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