New Jersey Security Guard Arrested for Gun He Has Permit to Carry

When it comes to guns, pretty much nothing is legal in New Jersey, according to their police.

[UPDATE: As of March 13, New Jersey has, rightly, dismissed the case against Mr. Twyne described in this article. As his lawyer Evan Nappen writes on his website, "We now fight to get Mr. Twyne's firearm returned, licenses protected, and reputation restored. This includes fighting the tinted windows motor vehicle offense, which is known to be used as a pretext excuse for motor vehicle stops."]

Every petty excuse for the police to bother you is a loose trigger for further injustice. Roosevelt Twyne, a 25-year-old security guard who is African American, is learning this in New Jersey.

Pulled over last month on his way home from work in Roselle Park, New Jersey, for having tinted windows on his car, Twyne informed the police he had his work-related weapon in his possession. The police arrested him, claiming he was carrying both an illegally transported gun and illegal hollow-point ammunition.

According to Twyne's lawyer, Evan Nappen, Twyne had a permit to carry a gun in the state. Nappen insists that permit should have covered the alleged illegality of transporting the weapon in his car. Nappen further points out the brand of ammunition in the car—supplied by his employer—is specifically listed as legal on a New Jersey State Police website.

Nappen said in a phone interview yesterday that the police have come around about the ammunition, and those particular charges have been dropped.

However, Twyne still faces potential prosecution for the weapon charge.

The police insisted to Fox News that "Twyne was charged after it was determined that he was not in compliance with the specifications of the law pertaining to the lawful transportation of his firearm. These charges were approved by the Union County Prosecutor's Office."

The police said in a statement provided to a local TV station that Twyne had his weapon loaded and holstered on his person. Nappen says in an email that a legal requirement to "have a firearm cased and unloaded" under New Jersey statute 2c:39(6g) applies only if one is "transporting by way of exemption, which is inapplicable here. Mr. Twyne was transporting by way of his Chapter 58 NJ Permit to Carry a Handgun, not by way of inapplicable exemptions."

Twyne is being charged under 2C:39-9(d), which states that:

Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so as provided in chapter 58, is guilty of a crime of the fourth degree.

(Emphasis mine.)

Nappen insists that Twyne "has a NJ Permit to Carry a Handgun issued pursuant to Chapter 58" which applies to both his job and getting to and from his job, and does not require the gun to be cased and unloaded as it would if he were merely carrying under a set of statutory exemptions to the laws about possessing handguns.

Jersey gun laws are "very confusing," Nappen grants, and it "is very difficult for citizens, police, and even prosecutors" to figure out what is and isn't legal (not much is) because of "stupid gun laws."

Nappen, who specializes in the state's gun laws, insists he understands things the police and prosecutors bedeviling Twyne do not. "The government is attempting to conflate legally irrelevant requirements under exemptions that do not apply" to a permit-holder like Twyne.

New Jersey's carry laws can be tough to figure out for Americans doing their best to comply and have led to serious disruption to the lives of people who have done no harm. Two notorious cases are indicative of this: Shaneen Allen, an African American single mother of two who was naive enough to think being licensed to carry in her native Pennsylvania would protect her from Jersey cops (and who only evaded jail after huge public outcry), and Brian Aitken, who was sentenced to seven years for having a legally owned gun unloaded and locked in his trunk because it was legally owned in a state that wasn't New Jersey (he thankfully had his sentence commuted after a few months by Gov. Chris Christie).

Twyne has been charged with a 4th-degree felony, which could come with 18 months in prison.

Whether or not Twyne is vindicated by the law as Nappen insists he should and will be, this arrest—caused by a wicked combination of the police's nearly unlimited power to harass drivers and New Jersey's convoluted gun laws—has already seriously harmed Twyne, causing him to be suspended from his job, as he told Fox News. "It's a little hard right now trying to find something to keep me on my feet." He currently has a court date scheduled for April 2.

Comments

[Eddy]

“Mr. Twyne was transporting by way of his Chapter 58 NJ Permit to Carry a Handgun, not by way of inapplicable exemptions.”

Sounds like NJ has a robust recognition of 2nd Amendment rights.

[Unicorn Abattoir]

They recognize them, and infringe upon them whenever they can.

[Commenter_XY]

Nothing the People’s Republic of NJ does anymore really surprises me. Were it not for the terrible and corrupt representation we have, NJ would actually be a nice place.

[voluntaryist]

“…terrible and corrupt representation…” = no representation, as in “if it weren’t for bad luck, I wouldn’t have any luck at all”.

[Carter Mitchell]

So why haven’t you voted all of those corrupt “representatives” out of office?
Stories like this do help, as it warns anyone possessing any discernment to avoid New Jersey like the plague.

[epsilon given]

The problem comes from people who see Representatives, and don’t do anything about them.

Hopefully, stories like this will change the minds of the voters. While they certainly serve as a warning for would-be residents, if freedom-loving residents are discouraged from coming to New Jersey, and if they are encouraged to leave, it only makes the situation worse.

Someone once compared this to “evaporative cooling” — just as the evaporation of a water molecule takes a little bit of energy with it, leaving the remaining water a little cooler than before, the loss of freedom-loving people leave the remainder a little more prone to supporting authoritarianism.

[voluntaryist]

“They (cops) recognize them (rights), and infringe upon them…”
To “recognize” a right means to support it. To “infringe” on a right is to deny it, which is the LEO’s betrayal of public trust, and begs the question: Who will protect us from our protectors?”
Could it be time to consider a voluntary paradigm for governing, to ensure accountability, reason, rights, choice? Or, is this political/social chaos and injustice going to go unchallenged?

[Chipper Morning Wood]

NJ is my least favorite state. I always get gas and eat in MD or PA, so I don’t have to stop in NJ for any reason, whenever I travel north.

[C. S. P. Schofield]

Like the proverbial curate’s egg, parts of it are excellent. None of those parts has anything to do with the State’s fantastically corrupt political establishment.

[Chipper Morning Wood]

Yeah, I’ve had some good times in the Pine Barrens.

[C. S. P. Schofield]

The Peoples’ Republic of New Jersey doesn’t recognize any part of the Constitution that it’s panjandrums find inconvenient, and has barely even HEARD of the traditions of British Common Law.

[Patrick Henry, the 2nd]

Too bad we don’t have some sort of institution, we can call it the courts, that would enforce the Constitution on governments.

[Bruce D]

Needs to be a “counter-government” with the sole power of prosecuting the government and government officials and officers for doing their job when that job involves wrongful prosecution, wrongful legislation or any violation of individual rights in the course of their official actions.

[Sometimes a Great Notion]

Jesus Christ, what assholes.

[The_Unknown_Pundit]

Good job by the totalitarian Left (aka Democrats) with New Jersey’s gun laws.

[some guy]

At least they never have any shootings, like the rest of the country.

[CharlesWT]

“Show me the man and I’ll show you the crime.” —Lavrentiy Beria

[darkflame]

“Show me the girl and I’ll show you the pedo” – Also Beria, probably

[Chipper Morning Wood]

[shows Robby Soave]

[TrickyVic (old school)]

I’m sure politicians in NJ think they have “reasonable” gun laws.

[Fat Mike's Drug Habit]

Armed guards are always an example they use as people who CAN own guns, they don’t want to disarm their own security detail. This guy has probably jumped through a trillion hoops just to be able to work that job in NJ and they still fucked him over.

[TrickyVic (old school)]

Yep.

[voluntaryist]

Yes, I agree, the politicians/LEOs rationalize their authoritarianism just as Hitler considered himself a savior right to the end. So what? Is delusion an excuse to justify immorality, injustice, and the initiation of violence? Or does it turn one into a destructive zombie? If it does, what is your point? Do you root for the zombies because “they think are reasonable”?

[Tionico]

ackshully, no they do not. They are continually working out ways to infringe upon the rights and liberties of their subjects. From the Gubner through his wretched AtG Grewel, and on down the line.

This is one state into which I will not voluntarily enter on any basis, I will not even FLY through that state.

[awildseaking]

Common sense gun laws!

[colorblindkid]

Can’t wait for the Dems to pass gun control and then ten years later, after it doesn’t stop any gun violence but results in tens of thousands of black men being thrown in prison for victimless crimes of possession, claim it was just an evil right-wing racist scheme all along.

[colorblindkid]

When I bring up black-on-black crime statistics, it is not to justify racial profiling or racial disparities in the justice system, it’s to point out that young black men are responsible for the majority of gun violence and it is done largely with guns that are already illegally owned, so any crackdown on gun laws will inevitably end with a huge racial disparity in convictions and sentencing.

It’s not those evil white law-abiding redneck NRA members who will see any consequences from these laws. It will be poor black men in urban areas.

[Michael Ejercito]

It’s not those evil white law-abiding redneck NRA members who will see any consequences from these laws. It will be poor black men in urban areas.

I wonder why this fact does not get more attention in the media.

[Quo Usque Tandem]

If all non members of the NRA would stop shooting other people, gun violence would drop 100%

[Enjoy Every Sandwich]

I wonder why this fact does not get more attention in the media.

Because the media people who constantly shout about how much they care about poor black men actually don’t give a flying fuck about them.

[Fat Mike's Drug Habit]

Yup, those poor black men are just the eggs you have to crack to make the glorious gun-free omelette.

[C. S. P. Schofield]

Because it Does Not Fit Teh Narrative.

Next question.

[voluntaryist]

“I wonder…”
If everyone’s rights are protected, then no one need worry. When a right is violated, e.g., all gun laws, then we all are violated, in principle. To focus on race, sex, or any other factor is misdirection. Rights are universal and primary to all other considerations.

[Tionico]

a couple years back there was an “evil white law abiding redneck NRA member” travelling from his Colorado home to a meeting or conference in Western Pennsylvania. Booked a flight into LGA, short commuter connexion to final destination. Weather forced plane to land in Newark, outbound flight cancelled. He was FORCED to take possession of his checked luggage, with lawfully declared and possessed handgun inside, per TSA specs. Airline put him up overnight in local hotel, arranged onward flight in the morning. As he was waiting to check in, suitcase, unopened, next to him, Port Pigs arrested him.. Seems they had learned from TSA he had checked handgun. (WHY do they rat on us like that?) Busted for possession of handgun with no prmit, no Firearms Owners ID Card (which is NEVER issued to non-NJ residents), over-capacity magazines (legel in CO and PA, but NOT NJ) and some standard quatity of hollow point ammunition,, as would be normal for such a trip. I think the total number of felonies came to somewhere close to thirty. They also got, and probably still have, his handgun. Once arrested, he can no longer purchase or possess firearms.

Vote with your wallets.. boycott the entire state.

[Diane Reynolds (Paul.)]

So much for Black Lives Matter.

[LiborCon]

Only Black Votes Matter to the left.

[lap83]

a 25-year-old security guard who is African American

[lap83]

grr, I meant to say, why bring up race? It’s a horrible thing to happen to anyone. Later in the story you then mention two people, another African American and another without their race mentioned…presumably white. I just don’t see how it’s relevant.

[Squirrelloid]

idk, but my gut tells me he wouldn’t have been arrested, much less prosecuted, if he was white. He might not even have been pulled over in the first place.

[Diane Reynolds (Paul.)]

The first part is possible, the second is less likely. We already have a cache of cases where minor mistakes in procedure were made and people were facing 20 years in prison, and the victims were white.

[Diane Reynolds (Paul.)]

I mean to say the last part is possible, the first part is less likely.

[mad.casual]

IDK, for all the talk about how Civil War statues have nothing to do with the Civil War, they could lean a little harder into the ‘Dixiecrat gun control prevents uppity negros from thinking they can defend themselves.’ narrative. Especially in a case where the victim doesn’t appear to be associated with “inner city life” in any way.

At one point or in some cases I understood the “Why does race matter?” counterarguement, but in this case, I don’t see them being retarded enough to make anti-white gun control laws (I admit I could be naive) and I don’t much care if they stop infringing on the 2A if only because of racism.

[Zeb]

I can’t really say (or know) how much is mere perception and how much is actual fact, but there is a broad perception that police encounters tend to go less well for black people: police tend to be more on guard and less willing to offer benefit of the doubt when dealing with black people.
Maybe it’s just confirmation bias, but I don’t think it can simply be dismissed.
I agree that race is made a central issue way too often in all kinds of areas. But that doesn’t mean that it’s never relevant.

[Rossami]

You are correct that Brian Aitken is white.

The reason race is relevant for the other two cases is because so many of those proposing gun control laws mischaracterize their opponents as redneck “deplorables” who “cling to guns or religion” and implying that gun control laws are opposed only by rural whites. By highlighting the many examples when these laws unjustly burden minorities, we undercut that aspect of the anti-gun propaganda.

If we’re lucky, we might even inspire a few people to research the rabidly racist roots of the gun control movement.

[tennisbum10]

Another reason to avoid this shithole state….

[Chipper Morning Wood]

I am running out of paper.

[Quo Usque Tandem]

New Jersey: what America would be like had we not rebelled against Great Britain, or lost the Cold War.

[Zeb]

I thought that was Canada.

[Fat Mike's Drug Habit]

Canada gave us hockey, what has New Jersey ever done for us?

[TrickyVic (old school)]

Gave us a laugh with Rosanna Rosannadana’s “and it smells like New Jersey”

When I first move to NYC in 1990 I drove South on 95, not long after passing Newark airport I laughed at how true her joke was.

[Unicorn Abattoir]

Frank Sinatra. Or does Bon Jovi negate that?

[Fat Mike's Drug Habit]

Bon Jovi and Bruce Springsteen negate any positive contributions they’ve made to the arts.

[GroundTruth]

We won the Cold War???

Think about that the next time the TSA is demanding ID and patting you down.

[Bruce D]

^this

[Unicorn Abattoir]

This is the state where it’s a felony to possess plans for a 3-D printed gun, some long rifles are banned by name, hollow points are (mostly) illegal, breech-loading black powder rifles are illegal, etc…

[Lurker Kurt]

Why are breech-loading black powder rifles illegal?
I can sort of understand (but not approve of) why they went after the other things listed – (i.e. they are very scary!!), but I wouldn’t think many people at all are interested in black powder rifles, let alone criminals.

[Unicorn Abattoir]

Because it’s New Jersey.

It’s probably because few people know that breech loaders exist, and have no interest in them. They were easy to outlaw.

[Jerryskids]

I’m assuming the cop who pulled him over had his duty weapon properly cased and stored in his patrol car?

[darkflame]

Not to mention unloaded. After all, guns are illegal in NJ, so the cop shouldn’t have to worry about using it, right? RIGHT?

[Fat Mike's Drug Habit]

Some animals, in this case pigs, are more equal than others comrade.

[Longtobefree]

What we need is a constitutional amendment to protect our inherent right to keep and bear arms.
Clearly we need to use specific and unambiguous language such as “SHALL NOT be infringed”.

In a related matter; why do red states have to ‘respect’ out of state same sex marriage licenses, but blue states do not have to recognize out of state gun permits?

[Enjoy Every Sandwich]

I’ve wondered about that myself. But I don’t think on it too much; expecting consistency from Big Government will just give you a bad headache.

[Unicorn Abattoir]

I’m assuming it’s because the Supreme Court hasn’t weighed in on it.

[mad.casual]

In a related matter; why do red states have to ‘respect’ out of state same sex marriage licenses, emissions standards, and nutrition and chemical composition reporting, but blue states do not have to recognize out of state gun permits, religious exemptions, and private business bathroom policies?

Both sides.

[Zeb]

Probably for the same reason they have always had to respect other states’ marriage licenses.
The gun one is a mystery. Why are marriage and drivers licenses always given full faith and credit, but gun permits and various kinds of professional licensing are not?

[C. S. P. Schofield]

Because the foundations of gun control are anti-negro Jim Crow laws and the Democrats who started it had no intention of letting the less racist North force them to tolerate armed blacks.

[Ben of Houston]

One comment from the judgement overturning the California 10-round magazine limit that I would like to point out.

The judge stated that not only was it a violation of the second amendment, but that the law was written so confusingly that no one could reasonably be expected to understand the law. Since the law was not understandable, it was a violation of the 14th amendment’s equal protection requirements. That seems to be the case here. If trained lawyers cannot agree on the answer to such a simple question, the law is unconstitutionally vague or obfuscated.

[Quo Usque Tandem]

I have legally acquired, pass the NICS, and have a concealed carry permit in my State of residence. The handgun is also registered as required by law where I reside.

If, however, my flight were diverted to an airport in NJ, I would be arrested as soon as I recovered my checked luggage in which the unloaded handgun is declared and stored in a TSA approved safe.

The the police and prosecutors of that State would be proud to prosecute, convict, and imprison me. Just as they are with this fellow.

Please tell me what is not wrong with this.

[Ron]

what was the story teh other day about things being legal but the police don’t give shit. cops clearly don’t care what the law says they will punish you either way and people wonder why people hate cops

why do we have laws?

[TrickyVic (old school)]

I’ve heard cops say they are not lawyers. As if knowing the law shouldn’t be a requirement for arresting people who fail to comply with said laws.

[sarcasmic]

I can understand why people in NYC seem pissed off all the time. I would be too if the light at the end of the tunnel was New Jersey.

[C. S. P. Schofield]

Not only that, but the other direction is Connecticut, which has ‘Depressed Storm Drains’, and if you have ever driven in Connecticut traffic, you know they are depressed for a reason.

[awildseaking]

I visit a friend in CT a lot, what’s up with depressed storm drains?

The traffic is very hit or miss. At night I-95 is a deathrace with biker gangs everywhere. The last three times I drove up there, I’ve seen car fires twice. I even had to sit just outside of New Haven for an hour (12-1AM) because police and fire blocked all 5 lanes for a single car fire.

Other times when we go into NY, it can take 2-3 hours, which is about how long the trip takes me (3 hours) when I drive up at evening from PA.

[Bubba Jones]

Does he have a permit to carry while off duty? Or does his permit only apply to his place of work while on duty?

This seems a key question.

[DH]

This is how I understand it. New Jersey is a may issue state. These typically require good cause to carry a firearm(threat of harm,etc). He could carry while off duty as long as he doesnt violate location restrictions(schools, hospitals, etc) but if caught carrying while not associated with his job its likely the state could and would press charges for carrying illegally as its doubtful the state would approve his license without his job need. And unless he could show need as why he needs go carry off duty the state wouldnt recognize the validity of his license. Basically its whatever the state wants to do.

[Ben of Houston]

That gives an absurd standard. You have to be able to carry the firearm to and from your place of employment.

Such a standard would be akin to the proverbial pound of flesh without any blood. A law that cannot be complied with isn’t just in conflict with the constitution but the concept of law itself.

[DH]

I love how New Jersey still has daggers dirks and stilettos listed. Can tell those laws were made a long time ago.

[D-Pizzle]

No brass knuckles?

[Ben of Houston]

That is still on the books in Texas too, though we added Bowie knives.

[LarryA]

Not true. Texas knife law was changed in 2017 by HB 1935.
“Illegal knife” was eliminated. A “location-restricted knife” is one with a blade longer than 5 1/2 inches. Knives shorter than that can be carried almost anywhere. Location-restricted knives are legal to carry most places you can take a long gun, if you are over 18.
https://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=HB1935

[Ben of Houston]

I stand corrected. I confess that I learned the older standard.

[darkflame]

so it looks like Biden just had another temper tantrum up in Michigan. The Dems gotta be tearing out their hair, do they choose the commie or the drooling idiot?

[Longtobefree]

Those are not mutually exclusive – – – – – –

[darkflame]

ha, a fair point

[Quo Usque Tandem]

He said something about “taking the ‘AR 14s’ [sic] away and then threatened to slap the guy in the face and called him a “horses ass.” Nonetheless, there is reportedly a meme “Good for Joe” trending applauding his “standing up to the NRA.”

[NJ2AZ]

I’m sure i have shared this before.

Back when i lived in NJ, i made the mistake of going into my local PD to inquire about the paperwork for a FOID. Without even looking up at me, the officer behind the desk said in the most condescending voice i’ve ever heard “What do *you* need a gun for?”

NJ can eat a buffet of dicks.

[tommhan]

The armpit of America.

[Alan@.4]

Sounds like the aggrieved party needs to find an attorney that has a world record setting hard-on for New Jersey and it’s police apparatus, and bring a record suit against the offending parties.

[Alan@.4]

Intended to say, record setting.

[DenverJ]

Roosevelt Twyne… who is African AmericanHuh, never woulda guessed.

[DenverJ]

Huh, used em instead of blockquote.

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