Honest Gun Owning Mom Now Facing 11-Years Behind Bars

[We Keep Receipts 9,238]

http://www.my9nj.com/story/26222456/honest-gun-owning-mom-now-facing-11-years-behind-bars

Chasing New Jersey first brought you the story of Shaneen Allen, the single mother from Philadelphia who didn't know it was illegal to bring the gun she was legally licensed to carry in Philly into New Jersey. When she got pulled over for a minor traffic offense she told the police about the gun and was arrested facing a mandatory three-year sentence.

After hearing about the case, most people thought there's no way she would do time for an honest mistake. Well, yesterday she was in court and she can now face a maximum sentence of 11.5 years in prison. Ten years for possession of a weapon and another 18 months for possession of the bullets.

Allen's attorney Evan Nappen discussed how a person with no prior offenses could end up spending a decade behind bars for being honest.

“New Jersey's gun law is as unforgiving as a prosecutor or judge wants to make it. Either of those two, the judge or the prosecutor could have taken steps to relieve Shaneen from this situation, but it didn't happen,” he said.

[Sousuke 1,214]

http://www.my9nj.com/story/26222456/honest-gun-owning-mom-now-facing-11-years-behind-bars

Chasing New Jersey first brought you the story of Shaneen Allen, the single mother from Philadelphia who didn't know it was illegal to bring the gun she was legally licensed to carry in Philly into New Jersey. When she got pulled over for a minor traffic offense she told the police about the gun and was arrested facing a mandatory three-year sentence.

After hearing about the case, most people thought there's no way she would do time for an honest mistake. Well, yesterday she was in court and she can now face a maximum sentence of 11.5 years in prison. Ten years for possession of a weapon and another 18 months for possession of the bullets.

Allen's attorney Evan Nappen discussed how a person with no prior offenses could end up spending a decade behind bars for being honest.

“New Jersey's gun law is as unforgiving as a prosecutor or judge wants to make it. Either of those two, the judge or the prosecutor could have taken steps to relieve Shaneen from this situation, but it didn't happen,” he said.

This happens alot in California too.

I almost feel like NY,CA,NJ need to put their laws on a highway sign at the border....

[We Keep Receipts 9,238]

This happens alot in California too.

I almost feel like NY,CA,NJ need to put their laws on a highway sign at the border....

It's a shame that something like this can get you put behind bars, but criminals who carry and commit crimes walk after a few months.

[GandD 5,966]

This happens alot in California too.

I almost feel like NY,CA,NJ need to put their laws on a highway sign at the border....

They say ignorance of the law is no excuse. And most of the time I agree. But not this time, give her a break for God's sake.

[lostinblue 1,989]

http://gogetfunding.com/project/shaneen-allen-legal-defense-fund

Allen never pointed the firearm at anyone, never threatened anyone, never removed the firearm from her car or even out of the purse in the backseat. Nonetheless, she is charged with unlawful possession of a handgun and unlawful possession of hollow nose bullets. Atlantic County is prosecuting her fully.

Recognizing Allen’s remarkable facts, the Atlantic County New Jersey PTI Director agreed to accept Allen into the PTI program— however, the Atlantic County Prosecutor is refusing to allow it. The PTI program would allow Allen to avoid becoming a convicted felon and serving prison time.

The Atlantic County New Jersey Prosecutor would rather see Allen serve the mandatory three (3) years in State Prison, and is pushing the matter to trial.

Due to New Jersey’s “Graves Act” firearm laws, if Allen is convicted, the lowest sentence a judge may give her must include a three (3) year prison term with no chance of parole.

Until last week, the Public Defender’s Officer represented Allen, but she has since hired the law firm of Evan F. Nappen, Attorney at Law P.C. to represent her.

When asked for a comment on the case, Evan Nappen, Esq., stated, “New Jersey has a history of racist and sexist gun laws. Women are denied the means of self-defense against larger stronger men.”

“New Jersey’s earliest gun laws banned Blacks and Indians from possessing guns. Apparently, not much has changed. End the madness. Pass the national carry reciprocity law in which gun licenses would be recognized by every state and be treated much like drivers licenses. No more innocent victims of New Jersey draconian, racist, sexist gun laws, that are out of step with the rest of America.”

Louis Nappen, Esq., of the firm, who appeared on Allen’s behalf this week in court, stated, “We will be doing everything we can to zealously represent her, but I see this sort of thing happening more and more. ”

“The ‘feel good’ legislation that turns mere possession into a “Graves Act” second-degree crime does nothing to stop true criminals and turns law-abiding citizens into felons. Ms. Allen is a prime example of this. It’s sad, and wrong.”

Updated posted by ShaneenAllenLDF On 11:47 AM

Can "Shaneen's Law" pass in time to help Shaneen?

New Jersey Republican Assemblyman Dancer has just filed “Shaneen’s Law” which gives Judges full discretion to avoid mandatory jail time and/or give PTI to folks like Shaneen Allen.

New Jersey residents, please contact your state representatives and ask them to cosponsor this much needed legislation.

The bill is A3608.

The key language reads:

“(3) Notwithstanding the provisions of subsection c. of this section to the contrary, the court shall have discretion to impose the mandatory sentence,

[Sousuke 1,214]

There aren't many things in the US where legal possession in one state is a criminal offense in another. IMO, if a state's laws differ so broadly from the core US it shouldn't be a criminal offense.

Beyond Firearms, the only other item that I can think of is marijuana that has the same issue...of course thats still illegal federally.

[OnMyWayID 1,489]

The title is a tad misleading (not by the OP but by the news story which will no doubt be propagating out).. This was just for a hearing to determine if she will go to trial.. She did break the law but will likely get no time going to trial as opposed to taking a deal that would have been 3 years through the judge. Seems the judge or prosecutor could have saved everyone some time and money finding a way to drop it now...

This is a picture I took of one of my neighbors houses (a few houses down from me) - this is a daycare during the day by the way:

[GandD 5,966]

There aren't many things in the US where legal possession in one state is a criminal offense in another. IMO, if a state's laws differ so broadly from the core US it shouldn't be a criminal offense.

Beyond Firearms, the only other item that I can think of is marijuana that has the same issue...of course thats still illegal federally.

It is exactly these scenarios that make me think "jail-able" offenses should be defined at a national level. This type of difference from state to state makes no sense.

[Mr. Big Dog 10,747]

It is exactly these scenarios that make me think "jail-able" offenses should be defined at a national level. This type of difference from state to state makes no sense.

I see you're busy pimping the idea to infringe on states' rights.

[spookyturtle 9,466]

Throw the book at a legal gun owner but let the street thugs walk. A dirt bag could use an illegal gun in a robbery and walk.

[Mr. Big Dog 10,747]

Throw the book at a legal gun owner but let the street thugs walk. A dirt bag could use an illegal gun in a robbery and walk.

Kill a kid and claim self-defense and you walk. Squeeze off a warning shot to defend yourself from a physically superior person and you get 20 years. Welcome to America!

[spookyturtle 9,466]

Kill a kid and claim self-defense and you walk. Squeeze off a warning shot to defend yourself from a physically superior person and you get 20 years. Welcome to America!

Some of it is crazy. But that's the power of the individual states. Florida and NJ are at opposite ends of the spectrum.

[Mr. Big Dog 10,747]

Some of it is crazy. But that's the power of the individual states. Florida and NJ are at opposite ends of the spectrum.

Indeed. NJ has fewer gun murders per 100K population than Florida despite being populated much, much denser. Coincidence? I think not.

[spookyturtle 9,466]

Indeed. NJ has fewer gun murders per 100K population than Florida despite being populated much, much denser. Coincidence? I think not.

Population density doesn't count. Or at least it didn't according to the senior member from Vermont.

[Mr. Big Dog 10,747]

Population density doesn't count. Or at least it didn't according to the senior member from Vermont.

I see.