Family: New Jersey man serving 7 years for guns he owned legally

New Jersey allows exemptions for gun owners to transport weapons for hunting or if they are moving from one residence to another. During the trial, Aitken's mother testified that her son was moving things out, and his friend in Hoboken testified he was moving things in. A Mount Laurel officer, according to Larry Aitken, testified that he saw boxes of dishes and clothes in the Honda Civic on the day of the arrest.

The exemption statute, according to the prosecutor's office, specifies that legal guns can be transported "while moving." Despite testimony about his moving to Hoboken, a spokesman for the prosecutor said the evidence suggested that Aitken had moved months earlier, from Colorado to Mount Laurel. "Again, there was no evidence that he was then presently moving," spokesman Joel Bewley said.

After Nappen raised the moving-exemption issue, he said, the jury asked Judge Morley for the exemption statute several times and he refused to hand it over to them. Morley, in a phone interview, echoed the sentiments of the prosecutor's office.

"My recollection of the case is that I ruled he had not presented evidence sufficient to justify giving the jury the charge on the affirmative offense that he was in the process of moving," Morley said.

Morley declined to comment further.

Aitken, who did not testify, was convicted and in August sentenced to prison. His father said that his son was involved in an "incident" after arriving in prison but that he doesn't discuss it.

"This is the most normal, everyday, All-American regular kid, and for this to happen to him is a disgrace," Larry Aitken said. "It's a disgrace of society."