Friday, February 27, 2015

NJ Prosecutor Overrules Sheriff on Flintlock Prosecution Case

Cumberland County Prosecutor Jennifer Webb-McRae has indicating she was dismissing the charges against 72-year old retired teacher and military academy graduate Gordon Van Gilder. Van Gilder made international news after being arrested and charged by Cumberland County Sheriff Robert Austino for possession of a flintlock pistol dating back to the 1700's - a "crime" carrying up to 10 years in prison under the Garden State's nonsensical gun laws.

The prosecutor's press release undoubtedly came in reaction to intense public outcry as Van Gilder's story went viral. While the press release warns gun owners generally not to possess firearms in a vehicle, it states "upon careful review of the circumstances in this case, I am exercising prosecutorial discretion to dismiss the...charges in the interest of justice..."

Van Gilder was stopped in November (https://www.youtube.com/watch?v=RiI-2RD19q0) by a Cumberland County sheriff's deputy for a minor traffic violation. When he volunteered that he had a nearly 300-year-old flintlock pistol with him, he was initially released but then arrested the next morning at his home and charged with unlawful possession of a handgun, a felony.



Several NJ lawmakers have introduced legislation to exempt possession of antique guns from prosecution (Assemblywoman Caroline Casagrande, Sen. Jeff Van Drew and Assemblyman Robert Andrzejczak). Please watch for additional updates.