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Breck allowed police to search his Linden home and officers found 43 firearms.
Either he's a COMPLETE idiot, or the "consent" wasn't exactly "freely obtained, without duress" Now repeat after me: "No, you may not search my premises, as you have no probable cause to do so. If you had probable cause, you would already have obtained a warrant, and wouldn't need my permission. I have nothing more to say on this subject without counsel present. I would like you to leave now. Have a nice day." |
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http://www.nj.com/news/index.ssf/2009/10/newark_airport_security_worker_1.html
There's the answer to all the hollow point questions I've ever read responses to. They sure are legal, but in NJ they don't care what's legal. NEWARK –– The 55-year-old Newark airport security guard arrested on charges he made threats against President Obama on the eve of his trip to New Jersey pleaded not guilty this afternoon in Essex County Superior Court in Newark.
John Brek, who was apprehended Tuesday night after two airport employees alerted police to comments he made about Obama, and who was later found to have a stash of 43 guns in his Linden home, appeared in court via video conference today. Brek, his right eye twitching and dressed in an orange jail uniform, pleaded not guilty to charges of making terroristic threats, possessing a rifle stolen from Alabama and having hollow-point bullets. Obama arrived at the airport Wednesday afternoon before going to Fairleigh Dickinson Univeristy to campaign for Gov. Jon Corzine. Superior Court Judge Amilkar Velez-Lopez said Brek could have realistically carried out the threats since he worked in close proximity to where the president would be and had the weapons to carry it out. John Break was arraigned via video today on charges of making a terroristic threat about President Barack Obama.Brek is charged with third-degree making terroristic threats, third degree receiving stolen property and fourth-degree possession of prohibited devices, the hollow point bullets. Velez-Lopez said a psychological evaluation request was pending, and added that some mention by Brek about ethnicity might bring additional hate crime charges. The judge set bail at $220,000. About a dozen reporters watched Brek from the three overhead TV screens in the fifth-floor courtroom. The proceeding lasted about 15 minutes. As part of the investigation, police officers swarmed Brek’s Hampden Street home Wednesday in a predawn raid. Brek denied making the threats and consented to the search of his home, according to the U.S. Secret Service. Police found the guns inside, mostly rifles, according to the Port Authority of New York and New Jersey, which made the arrest. The Essex County Prosecutor’s Office will handle the case. Prosecutor Paula Dow said in a press conference following the arraignment that Brek told another airport employee he had cut a hole in the fence to be able to shoot the president and simulated holding a rifle in the direction of where the president would be. According to a report in the The New York Post, two Continental Airlines employees overheard Brek saying he had cut through an airport fence in order to shoot Obama. Brek, a private security guard at Newark-Liberty International Airport, works for FJC Security Services Inc., which has a contract with the Port Authority. Its employees screen airport workers to ensure they have proper credentials, and according to The Post, Brek is assigned to the airport’s guard post J, which controls access to the tarmac. Brek’s friends and relatives painted a different picture of the longtime Linden man, saying he was an avid sportsman, and kept the guns to hunt for deer and rabbits. His father, John Brek, 79, said his son — a Republican and a member of the National Rifle Association — did not delve deeply into politics. |
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From another news article:
Officers found 50 rounds of 44-caliber, 240 grain-jacketed Remington hollow point bullets, illegal in some states, including New Jersey, because they can pierce cops' bullet-resistant armor, said Paul Loriquet, spokesman for the Essex County prosecutor's office.
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just as a point of reference for those who might want to point there in the future:
NJSP Transport and Use of Hollow Point Ammunition by Sportsmen. Provided certain conditions are met, a sportsman may transport and use hollow point ammunition. There are no restrictions preventing a sportsman from keeping such ammunition at his home. N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that: (2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)]. Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition "persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . ." N.J.S.A 26:39-3f. (1). Activities contained in N.J.S.A 26:39-6f. can be broken down as follows: 1.A member of a rifle or pistol club organized under rules of the National Board for the Promotion of Rifle Practice and which filed its charter with the State Police; 2.A person engaged in hunting or target practice with a firearm legal for hunting in this State; 3.A person going directly to a target range, and; 4.A person going directly to an authorized place for "practice, match, target, trap or skeet shooting exhibitions." –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– As with other ammunition and firearms, a sportsman would have to comply with the provisions of N.J.S.A 2C:39-6f and g when transporting hollow nose ammunition to a target range. The ammunition should be stored in a closed and fastened container or locked in the trunk of the motor vehicle in which it is being transported. The course of travel should be as direct as possible when going to and leaving from the target range with "only such deviations as are reasonably necessary under the circumstances." N.J.S.A 2C:39-6g. If the sportsman's club member plans to hunt with a rifle and use hollow nose ammunition in a state where this is permitted, he must comply with the provisions of U.S.C.A. 926A and N.J.S.A 2C:39-6(f) and (6)(g), which is consistent with the federal law, in transporting the firearm and ammunition. The firearm should be unloaded and neither the firearm nor the ammunition should be readily accessible from the passenger compartment. If the vehicle does not have a trunk, the firearm and the ammunition should be contained in a locked container other than the glove compartment or the console. 18 U.S.C.A. 926A. In addition, the sportsman should have a valid hunting license in his possession from the state in which he plans to hunt and should be familiar with that state's gun laws. N.J.S.A 2C:39-6(f)(2) requires a person hunting in this State to have a valid hunting license in his possession while traveling to or from the hunting area. Hunting with hollow nose ammunition is permitted in New Jersey. In the case of a New Jersey resident traveling to another state to hunt, it logically would follow that the hunting license would be from the state where the hunter is going. Although the federal statute does not require possession of a hunting license, it does require that the person transporting the firearm be going to a state where possession of that object is lawful. A valid hunting license from that state effectively supplies the proof. These conditions for use and transport of hollow nose ammunition are consistent with the legislative intent to restrict the use of such ammunition to a limited number of people. It is well established that in construing a statute exceptions are to be "strictly but reasonably construed, consistent with the manifest reason and purpose of the law." Service Armament Co. v. Hyland, 70 N.J. 550, 558-559 (1976). The State Supreme Court has "characterized the Gun Control Law as 'highly purposed and conscientiously designed toward preventing criminal and other unfit elements from acquiring firearms while enabling the fit elements of society to obtain them with minimal burdens.'" Id. at 559. |
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Quoted:
From another news article: Officers found 50 rounds of 44-caliber, 240 grain-jacketed Remington hollow point bullets, illegal in some states, including New Jersey, because they can pierce cops' bullet-resistant armor, said Paul Loriquet, spokesman for the Essex County prosecutor's office.
What a jack ass. I wonder if any of these people have a frigging clue. They spout the same incorrect BS time and time again. 
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Quoted:
So the guy exercised his 1st and 2nd amendment rights, was charged for crimes for doing so, and all while being unaware of his 4th. 
. There is a difference between exercising your 1st amendment rights and threatening the President of the United States. No matter what your politics are or what you think of the guy, do not threaten the POTUS....Its that simple. I dont know if he thought he was being funny or clever or repeating what he heard some other idiot say, but knowing what to say or not say, especially in public isnt really that difficult of a thing. This guy could be sitting in his recliner drinking a beer and surrounded by his 40+ legally owned firearms in his own home right now if he wasnt such an idiot........ |
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Quoted:
Quoted:
So the guy exercised his 1st and 2nd amendment rights, was charged for crimes for doing so, and all while being unaware of his 4th.
. There is a difference between exercising your 1st amendment rights and threatening the President of the United States. No matter what your politics are or what you think of the guy, do not threaten the POTUS....Its that simple. I dont know if he thought he was being funny or clever or repeating what he heard some other idiot say, but knowing what to say or not say, especially in public isnt really that difficult of a thing. This guy could be sitting in his recliner drinking a beer and surrounded by his 40+ legally owned firearms in his own home right now if he wasnt such an idiot........ I agree 100%, but from reading the article it kind of sounds like his comments may have been exaggerated. If he did in deed threaten the POTUS then that's his own dumb fault and SHOULD have been arrested! |