Honest Gun-Owning Mom Busted In NJ Could Face 3 Years In Prison

theworldismine13

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Honest Gun-Owning Mom Busted In NJ Could Face 3 Years In Prison
http://www.myfoxhouston.com/story/25996007/nj-gun-permit-problems

27 year-old Shaneen Allen wanted to protect her family. She took a gun safety course, applied for and was granted a concealed carry permit and she purchased a gun.

“One of my family members, he thought it was appropriate for me to get one because I’m a single mother and I have two children and I work two jobs and I work late and getting up at that time of night I got robbed twice last year and he felt the need for me to get my license to protect me and my kids,” Allen explained.

However, while Allen, from Philadelphia, was covered to carry a gun in Pennsylvania, she made the mistake of crossing into New Jersey with the weapon and now she's facing a mandatory minimum of three-years in jail.

Allen said that she didn't know her permit didn't apply to New Jersey so when she was stopped for a minor traffic offense she told the police about her gun and her permit to carry. In this case, being honest may have cost her.

“The judge tried to tell me that telling the truth messed me up, my life up and the cop said the same thing. Me opening my mouth and speaking out he said I’m one out of ten people that spoke up and was honest and that got me in trouble,” she said.

Allen was charged with unlawful possession of a weapon and possession of hallow-point bullets which were in the gun. Under New Jersey gun laws, the illegal possession of a gun is a second-degree felony which holds a minimum sentence of three-years in prison.

Allen’s Attorney Evan Nappen feels that the judge doesn't have a lot of discretion in this particular case.

“We’re talking about a law-abiding, licensed person who did nothing wrong. She is now facing three-years minimum mandatory, where the judge has no discretion, in state’s prison,” he said.

Allen has no criminal record and only owned the gun for a week. So far the Atlantic County Prosecutor has denied her entry into a diversionary program that would allow her to avoid jail time.

The case is still moving forward but the question remains, will New Jersey’s tough gun laws take a young woman who wanted protection from criminals and instead force her to become one?
 

the cac mamba

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the issue is that this cocksucker DA didnt allow her to do the diversion program, which she was eligible for. so the only option the judge had was 3 years
 

Digga38

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everybody should know you just cant carry thru state lines like that and they on top of that telling on yourself like the officer is your friend...
 

Dada

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A mandatory re-training course (the classroom stuff about laws, rules, and regulations) and 6 mos probation would suffice.
 

skeetsinternal

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A mandatory re-training course (the classroom stuff about laws, rules, and regulations) and 6 mos probation would suffice.
I am legal to carry in PA but live in NJ. These are the guidelines she should have followed

Transporting a Firearm Into / Through the State of New Jersey
All firearms transported into the State of New Jersey:
  • Shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel, shall include only such deviations as are reasonably necessary under the circumstances.

  • The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console.
All firearms transported through the State of New Jersey:
The following guidelines are provided in order to assist law enforcement officers in applying New Jersey's firearms laws to persons who are transporting firearms through the State of New Jersey.

  1. New Jersey laws governing firearms permits, purchaser identification cards, registration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law, 18 U.S.C.A. 926A.
  2. This federal law permitting interstate transportation of a firearm applies only if all of the following requirements are met:
    1. The person's possession of the firearm was lawful in the state in which the journey began;
    2. The person's possession of the firearm will be lawful in the state in which the journey will end;
    3. The person is transporting the firearm for lawful purpose
    4. The firearm is unloaded
    5. The firearm is not directly accessible from the passenger compartment of the vehicle
    6. The ammunition is not directly accessible from the passenger compartment of the vehicle
    7. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console;
    8. The person is not
      1. a convicted felon
      2. a fugitive from justice an addict or unlawful user of drugs, or
      3. an illegal alien
    9. The person has not
      1. been adjudicated to be a mental defective
      2. been committed to a mental institution
      3. been dishonorably discharged from the armed forces, or
      4. renounced his United States Citizenship
  3. A person who is transporting a firearm though the State of New Jersey in the manner permitted by person's possession 18 U.S.C.A. 926A, see Section II above, need not give notice.
  4. Procedures for Investigation of Conduct Involving the Possession or Transportation of Firearms
    1. An officer who reasonably suspects that a person is transporting a firearm in violation of New Jersey law should make reasonable inquiries in order to confirm or dispel that suspicion.
    2. In a case where circumstances reasonably indicate that the person's possession and transportation of the firearms my be permitted by 18 U.S.C.A. 926A, the officer should make reasonable inquiries in order to determine whether the person's possession is permitted by that federal law.
    3. If reasonable inquiries lead an officer to conclude that the person's possession is lawful under either New Jersey law or 18 U.S.C.A. 926A, as described above in Section II, the officer should promptly allow the person to proceed.
    4. Whenever an officer has probable cause to believe that a person's possession of a firearm is in violation of New Jersey law and not permitted by 18 U.S.C.A. 926A, as described above in Section II, then the officer should make an arrest.
 
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