Guns kept from NJ man accused of threatening Obama

[ARCHIVED THREAD] - Guns kept from NJ man accused of threatening Obama

Posted: 9/10/2010 12:49:56 PM EDT

Is it normal for a harrassment conviction to over rule your 2nd amendment rights?

http://hosted.ap.org/dynamic/stories/U/US_OBAMA_THREAT_RULING?SITE=FLTAM&SECTION=US

Guns kept from NJ man accused of threatening Obama

NEWARK, N.J. (AP) –– A New Jersey judge has ruled that a former airport security guard accused of threatening to shoot President Barack Obama can't get his gun collection back.

The judge says his ruling might have been different if the October incident had happened before the Sept. 11 terrorist attacks.

An attorney for John Brek says he will appeal Thursday's ruling.

Brek served 30 days in jail after pleading guilty to harassment. He was initially charged with making terroristic threats.

The charges arose from comments Brek made at Newark Liberty Airport one day before Obama arrived.

Prosecutors initially said Brek talked about cutting holes in a fence to make it easier to shoot Obama. Further interviews revealed Brek said someone could see through holes in the fence to shoot the president.

Posted: 9/10/2010 12:57:47 PM EDT

[#1]

Quoted:
Is it normal for a harrassment conviction to over rule your 2nd amendment rights?

http://hosted.ap.org/dynamic/stories/U/US_OBAMA_THREAT_RULING?SITE=FLTAM&SECTION=US

Guns kept from NJ man accused of threatening Obama

NEWARK, N.J. (AP) –– A New Jersey judge has ruled that a former airport security guard accused of threatening to shoot President Barack Obama can't get his gun collection back.

The judge says his ruling might have been different if the October incident had happened before the Sept. 11 terrorist attacks.

An attorney for John Brek says he will appeal Thursday's ruling.

Brek served 30 days in jail after pleading guilty to harassment. He was initially charged with making terroristic threats.

The charges arose from comments Brek made at Newark Liberty Airport one day before Obama arrived.

Prosecutors initially said Brek talked about cutting holes in a fence to make it easier to shoot Obama. Further interviews revealed Brek said someone could see through holes in the fence to shoot the president.

In other words, he was convicted of a crime related to the incident.

Whether or not pleading was the right thing, in light of the facts, is a good question. I believe that he would definetely be in a batter position (re. the guns) if he wasn't convicted (esp. if he could have goten the cahrges dismissed in light of favorable evidence) but he made the CHOICE to admit guilt (for whatever reason- it's irrelevant why) ––––now he has to suffer the consequences.

I don't believe that there is anywhere, New Jersey or otherwise, where the guns would be returned to an individual who was convicted of a crime that involved the use, or threataned use of those weapons.

It's not like the gun collection was secured for safekeeping while his case was being adjudicated because the terms of his bail/restraining or protective order/ etc... prohibited posession. They were siezed because he was arrested for telling people his (likely fantastical) plan to shoot the POTUS- and they served as evidence to substantiate the charges against him.

Posted: 9/10/2010 1:05:12 PM EDT

[#2]

This is what happens when we allow rights to become priveleges that require a keyholder to say 'yes'

Posted: 9/10/2010 1:08:12 PM EDT

[#3]

Dupe police are coming...

Posted: 9/10/2010 1:12:56 PM EDT

[#4]

Quoted:
This is what happens when we allow rights to become priveleges that require a keyholder to say 'yes'

It has nothing to do with gun ownership being considered a privelege rather than a right. Unless the charge he plead to is a state disqualifier OR he is somehow encumbered from posessing a gun (ie. by an RO, probation order, etc....) he can rearm himself. The particular guns that were siezed were integral to the criminal behavior he was convicted of.