But the judge in the case did not allow the jury to consider the moving exemption during the trail, ruling that no evidence was presented that Aitken was actually moving at the time the guns were found. Aitken did not testify in the trial.
"The defendant's attorneys presented evidence that his house was for sale and that at the time of arrest he was travelling from one residence in New Jersey to another," Joel Bewley, a spokesman for the Burlington County Prosecutor's Office, told ABC News. "Those points do not establish that the defendant was moving."
"This sentence was entirely and statutorily mandated upon this conviction," Bewley said.
Napper has filed a legal appeal in state courts, which, he said, could take six to nine months. He has also helped Aitken file that formal petition to Christie for a pardon or commutation of the sentence.
More than 6,900 supporters of Aitken have joined a Facebook group "Free Brian Aitken" as part of a campaign to lobby Christie to show leniency in Aitken's case.