“I hope that draconian laws, leading to a police state, will be dropped.”
MILLVILLE, NJ — A retired schoolteacher is facing felony charges for owning an 18th century relic firearm in the state of New Jersey.
Gordan N. Van Gilder, 72, was pulled over by a Cumberland County Sheriff’s Deputy on November 20, 2014 for a minor traffic violation.
“The deputy, Joshua Sheppard, started screaming at us,” Mr. Van Gilder recalled to NRA News. “He wanted to search the car.”
“You’re going to give us your consent, or do I have to get the dog?” Deputy Sheppard allegedly challenged.
“You don’t have to get any dogs. Help yourself,” Van Gilder recounted saying to the deputy.
When asked, Mr. Van Gilder told the deputy that he had an unloaded, antique pistol wrapped up in a cloth in his glove compartment. The collectible pistol was made in the mid-1700s and would require the manual loading of gunpowder and spherical projectiles in order to actually fire.
His cooperation with the police ended up being his undoing. The Sheriff’s Deputy nailed him with felony charges because of the antique.
Mr. Van Gilder elaborated on the situation in his interview with NRA News. “They were trying hard to nail me,” he said. “I don’t get it.”
The Cumberland County Sheriff himself signed off on the arrest, Van Gilder stated. His charging document spelled out his offense:
THE DEFENDANT… DID KNOWINGLY AND/OR PURPOSELY HAVE IN HIS POSSESSION A WEAPON, SPECIFICALLY A “FLINT GUN” WITHOUT HAVING PROPER PAPER WORK ON HIS PERSON AND IMPROPERLY STORED IN A MOTOR VEHICLE; IN VIOLATION OF N.J.C. 2C 39-5B
New Jersey’s gun control laws are notoriously draconian. It is one of the few states that enforces gun registration and explicitly does not exempt antique firearms, as many states do. According to the law, there is no legal distinction between a three-century-old piece of history and a modern, operable firearm. All of these — regardless of the presence of a victim or malicious intent — are considered prohibited items without acquiring government permission, and carry grave legal consequences.
In fact, the law is so repressive that it criminalizes guns powered by springs, compressed air, and elastic bands. The state could charge individuals with felonies for owning slingshots.
Title 2C of the New Jersey Code of Criminal Justice is worded as follows:
b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.
The felony charges carry a maximum sentence of ten years in prison, with a mandatory minimum of 3.5 to 5 years without the possibility of parole.
If Mr. Van Gilder lives long enough to be released from prison, he would be branded as a felon, stripped of his voting privileges, his pension would be endangered, and he would never be able to lawfully possess any other firearm for the rest of his life.
The retired educator says he’s going to fight the charges because he knows his rights, but he will be abandoning his home state of New Jersey post haste.
“I hope that draconian laws, leading to a police state, will be dropped,” Van Gilder said. “I think I can win this, and if I don’t my heart is lost, for all of America.”
ACCOUNTABILITY CHECKDemand the charges be dropped against Gordon Van Gilder, and demand that the government stop harassing harmless people who intend no harm.
Cumberland County Prosecutor’s Office (Bridgeton, NJ)
Phone: (856) 451-3177
Facebook: Link
Cumberland County Sheriff’s Department (Bridgeton, NJ)
Phone: (856) 451-4449
To contribute to Mr. Van Gilder’s defense, please visit this link: Van Gilder Legal Defense Fund
Bizarre. In what way does this NOT go against the constitution? I thought it was the higher law of the land.
Gordan should get down on his knees and thanks those brave soldiers pertectin’ his freedum to legal counsel? Heroes one and all.
NJ – what a joke – with that fat fuck Christie.
I wonder what NJ does with all the shootings in Newark and Camden?
Sure, pick on the 72 yo retired school teacher with a nonfunctioning gun FIRST. Bullies always go after the easy prey, don’t they?
Kinda makes ya wonder what the authorities in NJ are really afraid of, hmmm?
I would really like to see that NJ Barney-with-a-badge try that shit in Texas. Funny, they never seem to…..
I’ve read the 2nd amendment a 1000 times. It says that I have the right to keep and bear arms . If I can’t keep a weapon on me then my right to bear arms has been infringed .
Police and sheriff’s departments must look for unstable individuals to work as “deputies”. Where else would you get people who would so cavalierly violate the rights of their fellow countrymen? Anger is building and it’s only a matter of time before there is pushback. Van Gilder’s correct response should have been, “Please state probable cause for a search. I choose not to comply.” Then say nothing. At least he would have claimed his rights rather than waiving them, as well as having the case thrown out for an illegal search.
Making life a living hell for people who have committed no crime may be a sport for those deranged “officers”, but those forced to undergo the shit storm of the legal system for breaking no laws may begin to think that payback is due. One way or the other, the hob-nailed boot of karma will come down on the heads of the new brown shirts.
Stay well, friends.
A day or so ago Lew Rockwell’s site had an article about which states were the worst in terms of copfuks giving traffic tickets. NJ was 4th worse.
From copfuks to taxes to regulations to population density to corruption to free shitters to pollution to overall rudeness to angry Neegrows to crime to well, everything …………. you have to live here to actually feel my pain. This nis THE most fucked up shithole state in the union, and it’s not even close.
still a nation ruled by law, SSS sez”……phttt… more like rule by vapid, homosexual curs and their nannies. Every value held dear by freedom loving Americans are under attack with very few now left to stand.
http://www.reaxxion.com/5351/gamers-are-now-engaged-in-4th-generation-warfare
We have seen the most important and fundamental values of our society torn down and destroyed by vandals who used the tactics of cultural Marxism to subvert our society. We have seen abominations like gay “marriage”, no-fault divorce (read: his-fault), government-subsidised abortion and freely available birth control, and universal suffrage become “acceptable”—as if these cultural freak shows could ever possibly be considered “normal”. We have seen our most fundamental rights of conscience, association, freedom of thought, free exercise of religious belief, and freedom of action circumscribed, shrunk, and destroyed before our eyes. And we let it happen.
The self-aware man who looks at how this happened will come away with a certain cold appreciation for the tactics of those who imposed this ashen, burning Hell upon us.
Stucky
You thankless prick. We could have put you away for 10 years for your terroristic threats. But noooo!!!
We let you off easy and this is how you pay us back?
We saw the nasty comments you made about poor old SSS. Picking on a veteran spook alzheimer patient who likes playing golf and watching Lawrence Welk is beyond the pale.
We’ve got our eye on you. One misstep and we’ll crush you like a bug.
NJ is an outstanding example of how a Police State is supposed to work. We consider Orwell’s 1984 to be an instruction manual, not a warning.
Does this still apply if the gun is obviously too decayed and rusty to possibly function? I have a non fireable rusty crusty pistol from the 1600’s is why I ask. Though I have the sense not to be driving around with it.
What a dumbass! Sure officer, I don’t need my rights, go ahead and search my car! People are idiots!
I read this a few days ago. The original cop wanted to cut him some slack since it was an antique gun but the superior officer said they had to charge him. My guess is that they had no choice since the call had already gone out over the air.
We’re now at the stage that the “potential” to do harm is a crime. They’re ignoring lack of motive, lack of intent, lack of actual action of committing crime; they want to lock this man up for his “potential” to commit a crime.
Think about that, what that means is anyone and everyone is subject to being arrested and locked up because we all have the potential to commit a crime.
As an example I could be arrested for driving down the street with a few 2x4s on my truck. Why? Because I could turn those 2x4s into baseball bats (yea that’s true) and with baseball bats a person has the potential to kill someone (yea that’s true), think of all the children that would then be in danger. There you go lock him up.
alphafemale says: “…Does this still apply if the gun is obviously too decayed and rusty to possibly function? I have a non fireable rusty crusty pistol from the 1600’s is why I ask. Though I have the sense not to be driving around with it.”
Bingo. This guy seems pretty well educated but never offers up why the gun was in his glove compartment. Did he forget it was there? And I agree with I.S. that he should not have allowed the search.
However, 10 or 15 years ago common sense would have prevailed (in most places, not sure about NJ), and he would have been allowed to go about his business. But in today’s police state, severe penalties are the norm. I suspect the laws are becoming more draconian due to the big money in prisons now. Judges are probably getting kickbacks from the corporations who run them to fill them to capacity. As usual, follow the money…at least some of them are getting caught:
Pennsylvania Judge Gets ‘Life Sentence’ For Prison Kickback Scheme
http://www.forbes.com/sites/walterpavlo/2011/08/12/pennsylvania-judge-gets-life-sentence-for-prison-kickback-scheme/
Former Luzerne County (Pennsylvania) Judge Mark Ciavarella has been spending his time doing odd jobs for a car towing service while awaiting sentencing since being found guilty on felony corruption charges. His car towing days are over, and the 61-year-old judge is heading to federal prison for 28 years — this could amount to a life sentence.
His sentence brings to closure a dark time in the history of the city of Wilkes-Barre, PA, which is in Luzerne County. He was found guilty in February of racketeering for taking a $1 million kickback from the builder of for-profit prisons for juveniles. Ciavarella who left the bench over two years ago after he and another judge, Michael Conahan, were accused of sentencing youngsters to prisons they had a hand in building. Prosecutors alleged that Conahan, who pleaded guilty last year and is awaiting sentencing, and Ciavarella received kick-backs from the private company that built and maintained the new youth detention facility that replaced the older county-run center.
Ciavarella, who presided over juvenile court, sent kids to juvenile detention for crimes such as possession of drug paraphernalia, stealing a jar of nutmeg and posting web page spoofs about an assistant principal (3 months of hard time). Some of those sentenced were as young as 10 years old. A mother of one of those sentenced by judge Caivarella lashed out at him after the guilty verdict. Sandy Fonzo’s son, Edward, was a promising young athlete in high school when at the age of 17 he found himself in front of judge Caivarella for possession of drug paraphernalia. With no prior convictions, the judge sentenced Edward to months in private prisons and a wilderness camp…he missed his entire senior year in high school. Edward never recovered from the experience according to his mother and in June 2010 he took his own life at the age 23.
one can only hope…
Ron Paul: “Good News” That Secession Is Happening
“The good news is it’s gonna happen. It’s happening.”
http://www.buzzfeed.com/andrewkaczynski/ron-paul-good-news-that-secession-is-happening#.jxYnxKDap
Only it may be easier to get your state out of the stupid, than stupid out of your state..as is indicative with the harassment of this harmless antique collector .
ASIG said:
” they want to lock this man up for his “potential” to commit a crime.”
Bullshit! They arrested him for possessing a weapon without the proper paperwork. Period. The charge is part of the story! Read for comprehension.
Cop says: “You’re going to give us your consent, or do I have to get the dog?” (This was wrong IMO but not illegal and my response would have been: “Get a warrant because I do not consent to any search.”)
Dumbass, retard Van Gilder responds: “You don’t have to get any dogs. Help yourself,” (Because hey, Mr. Van Gilder wasn’t using his rights anyway so there was no need to exercise them. At a minimum, this was mistake #2.)
Then, after his dumbass gets charged with a felony the fucking retard says: “They were trying hard to nail me,” “I don’t get it.”
No you don’t Mr. Van Gilder, you don’t get it at all. That is what TPTB are counting on. Hopefully this dumb fuck never had any kids to further infect the gene pool because you can’t fix willfully ignorant and stupid.
Any metal pipe that’s capped on one end, and a small hole for a fuse is a muzzle loader.
There should be a discussion in NJ about the definition of a ‘firearm’. IMO something that doesn’t take cartridge ammo – is not a gun.
I was recently stopped for speeding in the beemer. I was only going 15 over the limit. Okay okay, the limit was 75 mph.
I did the usual thing when pulled over – roll down the window, stop the car, have my license and proof of insurance ready, hands on the steering wheel, be polite, tell him where all my guns are in my vehicle are, blah blah
He has a major attitude when he realized all my bone fides were in order, but still unsnapped his holster and had his partner get on the other side of the vehicle, clearly was looking for trouble.
So he says to me, hey, what is that white substance in the baggie on your passenger seat? Thinking I have cocaine or some shit.
I said, go ahead, have a bite and handed it to him, take a taste.
At which point, he asked me to wait in the car while he got his drug testing crap out.
It, of course, was not drugs, but it was…..drum roll….. please….SALT with a bit of PEPPER in it!!!
I told him that I keep that in the car in case I get a sammich from Starbucks cuz those dickheads do not give you salt & pepper packets, saying its unhealthy. (That from the place with the 800 calorie sugar laden carmel macchiotos, heh.)
I would have told him that up front if he had been even remotely polite. He was very embarrassed after that and only gave me a warning.
HZK 1, Cops 0.
HZK said:
“tell him where all my guns are in my vehicle are, blah blah”
Are you required to even mention your guns? I would never mention guns to a cop unless specifically asked. I don’t think I’d have handed him the baggy either. No telling what he might “add” to it.
He probably saw the beemer, saw that you were not lowlife and thought KA CHING! It’s payday bitch!
I had to fly to NJ for a week (business trip) and kicked around check-bagging a pistol, stupidly thinking that no state could possibly be worse about guns than the political cesspool where I live (IL).
Thankfully I didn’t do it.
In NJ, if you attempt to do the REQUIRED actions when checking a gun through the airline, and you’re NOT a NJ resident with all the right paperwork, you go to JAIL.
This happened to a guy who, when his connecting flight was delayed in Newark and they de-checked his baggage (which wasn’t supposted to happen). When he declared the gun at check-in, he was arrested. I do not doubt he’s still in prison over WHAT THE AIRLINE did.
The center has to crash and burn before anything will change. In the meantime, expect it all to get WORSE while enjoying the wondrously comfortable times in which we still live.
The use-by date on our placid times is in the past, and all we can expect for the foreseable future is for things to get worse.
For all its problems, Europe is looking better and better every day.
Sure, some of the countries are pretty unfriendly to gun ownership, but they don’t go ape putting their citizens in prison over utterly stupid technical infrations of endless laws.
That, and the 4-6 weeks of vacation are looking better and better. Americans in the 80th-99.9th income percentile are working ourselves to death to pay all the taxes.
F! that. I want to work a lot less and worry less about politician-prosecutors building their careers, Soviet-style, on the bodies of innocent people.
Retired teacher.
I bet his ass agreed with all the Draconian laws to “combat crime.”
Liberals, especially paid-for-life-on-the-taxpayers-back liberals LOVE the laws and regulations and bullshit.
Until the day it bites them in the ass. “I thought I had nothing to worry about because I’m not a criminal…”
Ha! About time. I APPLAUD every time one of the state/fed bureaucrats take their regulatory bullshit in the ass.
Sidenote: funny Jersey has the most organized crime and the most Draconian laws. One would think if laws worked then criminals would be less, not more. We deserve the ass-raping we are taking. We have been, continue to be, and are, so freaking ignorant, lazy and deserving of this crap.
:@IS: I have a concealed carry permit which by law I have to show the nice policeman that has already run my plates, lol.
Hope’s other vehicle
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One more bit of proof that Stenchy is French. I mean, who else but a Frenchman would choose to live in the most fucked up state? I rest my case.
Stenchy’s parents, dey be old. Stenchy help dem. When dey die, Stenchy move. Stenchy move in Loopy neighborhood. Maybe next door. Then Stenchy poop on Loopy doorstep every day.
Hope, I am glad you did not make a sudden move, you might have gotten your ass capped.
Let me say this real Loud. STAY THE FUCK AWAY FROM DIMOCRATIC STRONHOLDS. A word to the wise is sufficient.
Stenchy needs to drag his parents south by southwest til he hits warmth. But stop before the national language stops being English.
My experience with crotchety old folks is they tend to live forever. Stenchy may be Stuck (nice pun, huh!?) in hell for decades if he does not drag them south by southwest.
Stuck – I understand the predicament. The only thing I can/will say is that life is short, and any time spent in hell cannot be recovered. Been there and done that. (Puerto Rico is as close as I ever want to come to hell again.What a shithole.)
HZK said:
“:@IS: I have a concealed carry permit which by law I have to show the nice policeman that has already run my plates, lol.”
Gotcha. In WA, ID, OR, MT, UT, NV I don’t have to disclose that I have any weapons unless asked. I also do not have to show my CCP unless asked. According to cops in my area, our CCP’s are not tied to drivers license or registration so running my plates or license does not automatically tell the cops I have a permit.
I always contact LE in any states I intend to travel with my gun/s just before I travel there to stay current.
The Obama Communists are “crucifying”Making an example right now.,just like the IRS,same m o.This will happen to you if you own a gun! Their goal is when the SHTF no one will fight back when Obama leeds Men women and children to the fema re education camps.One man with a gun can control 100 without- Vlad Lenin
This country is becoming very scary place. When I go from Mass to Philly, I always try to skirt New Jersey. Too many reports of psychopath police marauding on the highways, not to mention the bad smells and stretches of extreme ugliness.