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Author Topic: PA Mom Goes to Jail?  (Read 21422 times)
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jack1747
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« on: August 05, 2014, 10:08:24 PM »

TRENTON, N.J. (AP) -- When Shaneen Allen was pulled over in New Jersey last year, the Philadelphia woman assumed it would be a routine traffic stop.

But instead of getting a traffic ticket, the single mother of two young children was arrested on weapons charges that could send her to prison for three years.

The charges came after Allen told the officer she had a handgun in her vehicle and has a concealed carry permit issued by Pennsylvania. But that license carries no legal weight in New Jersey, which has some of the nation's strictest gun control laws.

Allen's case and others like it have highlighted the legal problems often faced by out-of-state residents who bring weapons to New Jersey, unaware of the rules that govern how guns can be brought into and transported throughout the state.

New Jersey requires that guns be carried unloaded and contained in a closed and fastened case, gun box or securely tied package or locked in the trunk. The state also imposes strict limits on how and where weapons can be transported, and it doesn't recognize carry permits issued by other states.

Critics say these strict laws unfairly punish law-abiding citizens who are legally licensed in their home states and have no nefarious intentions. They have called on the state to support proposed federal legislation that would mandate concealed carry license reciprocity among states.

Gun control groups and other advocates say gun owners should realize that different states may have different rules for possessing weapons.

Among those backing a federal reciprocity measure is Evan Nappen, an Eatontown-based lawyer who represents Allen and has handled numerous cases like hers. He says Allen, a 27-year-old phlebotomist, didn't know it was illegal to have her .380 Bersa Thunder handgun with her at the time she was pulled over in Atlantic County in October.

"She voluntarily gave him her driver's license and gun license, as she was trained to do," Nappen said. "She was open and honest with the officer from the beginning."

Nappen told Fox News the gun charge wasn't proper at all. “She made an honest mistake," he said.

Allen was charged with unlawful possession of a weapon and armor penetrating bullets. She initially was accepted into a pretrial program for nonviolent offenders that could have led to lesser penalties or having the charge expunged, but Nappen said the Atlantic County Prosecutor's office opposed that.

"There's no way a hard-working woman like this should be considered a felon," Nappen said. He also represented Brian Aitken, a New Jersey man who was sentenced to seven years in prison after being found with guns he had purchased legally in Colorado. The case drew nationwide attention, and Aitken's sentence was eventually commuted by Gov. Chris Christie.

Speaking about Allen's case, the prosecutor's office would only confirm that a pretrial conference is scheduled for early August.

Gun control advocates and others applaud the state's laws, saying public safety should be a main governmental priority.

"Quite frankly, ignorance is no excuse for not knowing the law," said Nicola Bocour, project and legislative director for Ceasefire NJ, a group devoted to reducing gun violence. "Anyone who wants to go to New Jersey should know our laws, and the information is readily available."

It doesn't appear that the state will be easing gun restrictions soon.

Christie has said he supports the current laws. He also opposes federal legislation that would mandate concealed carry license reciprocity among states, saying individual states should be allowed to make their own decisions.

Read more at http://www.philly.com/philly/news/Philly_mom_faces_jail_due_to_New_Jerseys_strict_gun_laws.html#EbxQkK7uZRCtQebw.99
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« Reply #1 on: August 06, 2014, 12:18:29 AM »

Just another reason Jersey sucks. Stupid for her for not knowing the law and even dumber for telling him she had a gun. He prob would have never found it anyway.
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« Reply #2 on: August 07, 2014, 05:45:00 AM »

Just another reason Jersey sucks. Stupid for her for not knowing the law and even dumber for telling him she had a gun. He prob would have never found it anyway.

To the best of my knowledge, there is no language in the Second Amendment restricting its benefits to those who are clever enough to fool states, cops, and judges who dishonor it.

-Samiam
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capt. ron
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« Reply #3 on: August 07, 2014, 05:46:43 PM »

Another reason why I live in Louisiana.
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« Reply #4 on: August 07, 2014, 10:32:59 PM »

I thought MD was bad. Why does NJ have such strict gun law? Are they worried someone will steal their garbage?  
« Last Edit: August 07, 2014, 10:34:51 PM by indoe » Logged

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« Reply #5 on: August 08, 2014, 09:51:20 AM »

I thought MD was bad. Why does NJ have such strict gun law? Are they worried someone will steal their garbage?  

It isn't just New Jersey, it is also New York, Conn, most of the northeast.. and of course Illinois now and good ole California.....  But MD is right up there with them.......

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« Reply #6 on: August 08, 2014, 10:14:53 AM »

I think we were real close in getting National Reciprocity but then some idiot with a illegal gun in a school set things back 20 years.... Undecided
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« Reply #7 on: August 08, 2014, 12:43:46 PM »

I thought MD was bad. Why does NJ have such strict gun law? Are they worried someone will steal their garbage?  

 You don't want to mess with the garbage business here in NJ.    knife
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« Reply #8 on: August 09, 2014, 08:01:51 AM »

CT either. Google James Galante. I suspect he was one of the models for the Tony Soprano character (not that there was any need to go out of state to find more wise guys...)

Sam

You don't want to mess with the garbage business here in NJ.    knife
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« Reply #9 on: August 10, 2014, 06:37:29 PM »


U.S. Code › Title 18 › Part I › Chapter 44 › § 926A
18 U.S. Code § 926A - Interstate transportation of firearms

Current through Pub. L. 113-142, except 128. (See Public Laws for the current Congress.)

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Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
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CRABGUY
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« Reply #10 on: August 10, 2014, 06:45:24 PM »

NORTH OF THE VIRGINIA LINE YOU MUST UNLOAD  AND CASE IT OUT OF YOUR REACH
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« Reply #11 on: August 11, 2014, 06:40:08 AM »

I think the catch there is where she was going. If her destination was in NJ (the location where she was stopped makes it likely she was headed for Atlantic City) or any other location that does not have reciprocity with PA, then that does not apply. The fact is that nearly every law (federal, state or local) regulating firearms violates the clear and simple meaning of the word "infringe", and if those laws were struck down or repealed, nearly all of those remaining (such as the one you cite) would be unnecessary.

-Samiam

U.S. Code › Title 18 › Part I › Chapter 44 › § 926A
18 U.S. Code § 926A - Interstate transportation of firearms

Current through Pub. L. 113-142, except 128. (See Public Laws for the current Congress.)

    US Code
    Notes
    Updates
    Authorities (CFR)

prev | next
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

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« Reply #12 on: August 21, 2014, 07:29:10 AM »

Check this article and specifically the video out.      A similar case was heard here in Atlantic County.   Check out how the judge handled it and what he had to say about it.

http://m.pressofatlanticcity.com/news/crime/state-gun-laws-come-under-scrutiny-in-atlantic-county-court/article_4178489c-288f-11e4-9bf5-001a4bcf887a.html?mode=jqm

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« Reply #13 on: August 21, 2014, 08:07:57 AM »

Thanks Ron for getting my blood boiling as I walk out to go to a very important business meeting..... Angry        Wink Grin laugh
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« Reply #14 on: October 02, 2014, 06:36:57 AM »

Judging from recent articles in local media (always a risky thing to do) the NJ AG has issued new Graves Act "guidelines" to local prosecutors, and as a result the Atlantic County prosecutor is leaning toward granting PTI. The exercise of deciding how large a role the negative PR generated over that same Atlantic County prosecutor having granted PTI to Ray Rice shortly before the arrest of Shaneen Allen is left to the reader. As is evaluting the fairness of a "solution" that forces someone into PTI (which results in a conviction entry in the defendant's criminal record) for exercising their 2nd Amendment rights.
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« Reply #15 on: April 02, 2015, 03:33:46 PM »

Update:    Gov. Christie pardoned this woman today.

http://www.pressofatlanticcity.com/news/breaking/gov-christie-pardons-philly-mom-in-atlantic-county-gun-case/article_03465aea-d966-11e4-8a84-93203c68e703.html
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« Reply #16 on: April 03, 2015, 06:02:38 AM »

Yeah, timing is everything. Christie no doubt thinks this will help salvage his flagging quest for the White House. Note that he let Brian Aitken, who had at least as much claim to an unjust arrest and conviction (forget 2nd A rights - those don't exist in NJ) as did Ms. Allen, rot in Midstate Correctional, and all he ultimately did for Aitken (after a lot of lobbying and unfavorable publicity) was commute his sentence, leaving him with a criminal conviction that taints his record and will probably prevent him from ever seeing his son again. Don't get me wrong, I'm happy for Ms. Allen, but I'm convinced that Christie is not acting from principle, but solely from his own narrow self interest.

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« Reply #17 on: April 03, 2015, 07:19:15 AM »

Christie is not acting from principle, but solely from his own narrow self interest.

Unfortunately, that describes most politicians these days!
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Ron
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« Reply #18 on: April 03, 2015, 09:35:24 PM »

Yeah, timing is everything. Christie no doubt thinks this will help salvage his flagging quest for the White House. Note that he let Brian Aitken, who had at least as much claim to an unjust arrest and conviction (forget 2nd A rights - those don't exist in NJ) as did Ms. Allen, rot in Midstate Correctional, and all he ultimately did for Aitken (after a lot of lobbying and unfavorable publicity) was commute his sentence, leaving him with a criminal conviction that taints his record and will probably prevent him from ever seeing his son again. Don't get me wrong, I'm happy for Ms. Allen, but I'm convinced that Christie is not acting from principle, but solely from his own narrow self interest.

I don't disagree that our laws are too rigid but I do disagree with your characterization of Christie's intentions in providing the pardon and on your description of his handling of the Brian Aitken situation.   

Aitken was sentenced to seven years in August 2010 and was given clemency in December 2010.   Granting clemency four months into a seven year sentence doesn't qualify as "leaving him to rot" in my book.     

Though he was subsequently acquitted of the handgun charge and the high capacity magazine conviction was overturned, higher courts have upheld his conviction on the possession of hollow point bullets.  It seems unlikely the NJ Supreme Court will overturn that conviction, as the law specifically outlines a small handful of circumstances in which hollow point ammo may be transported, and moving from one home to another is (inexplicably!) not one of those circumstances.   In light of the split calls on the convictions by the higher courts, I'd say Christie was correct to commute the sentence to time served and allow the legal system/appeals process to play itself out, as opposed to flat-out pardoning him.     

Finally, you know, I know and bet your bottom dollar, Christie knows, that he's not going to be president in 2016.   Attorney General if we somehow get a Republican President?    Maybe...    President?    No way.

It makes sense to me that the act of moving your worldly possessions from one domicile to another should be a circumstance where you may legally transport legally purchased hollow point ammunition in your vehicle.    It seems logical that this circumstance should be added to the small list of allowable reasons to transport such ammunition.    Unfortunately logic and laws don't always mix.
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« Reply #19 on: April 03, 2015, 10:25:04 PM »

With enough money, NJ and any other state could be beat into submission about the Second Amendment.  The Supreme Court has already ruled on it.  Only thing that keeps reciprocity from happening is no one with the BIG bucks cares..  Undecided

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