Honesty Will Get You Jail Time
A Pennsylvania woman, Shaneen Allen, was stopped by a cop for an allegedly unsafe lane change in Atlantic County, New Jersey. At the time, she voluntarily informed the officer that she had a concealed carry permit in her home state. This led to her arrest.
Radley Balko writes in the WaPo:
Allen is a black single mother. She has two kids. She has no prior criminal record. Before her arrest, she worked as a phlebologist. After she was robbed two times in the span of about a year, she purchased the gun to protect herself and her family. There is zero evidence that Allen intended to use the gun for any other purpose. Yet Allen was arrested. She spent 40 days in jail before she was released on bail. She's now facing a felony charge that, if convicted, would bring a three-year mandatory minimum prison term....When a person victimizes another person with a gun, the offending person has already committed a crime. And in nearly every state and under federal law, it is already an additional crime to use or possess a gun while doing something that is already a crime. So when gun control advocates say we need to crack down on gun offenders, or when they propose that we create new gun crimes, they aren't suggesting we crack down on people who use guns to rob banks or to commit murders. We already go after those people. What they're proposing is that we target people who possess, sell or transport guns not because they want to hurt people with them, but for reasons ranging from what most reasonable people would believe to be justifiable (like Shaneen Allen) to what gun control proponents would likely consider objectionable (the gun shop owners and gun manufacturers who make money selling weapons).
If you're an advocate for gun control, you could certainly argue that the tradeoff here is worth it. There's an argument to be made that we still need to target irresponsible gun owners and gun merchants, even if they aren't using guns to victimize people, because their guns could end up in the hands of people who do. But if you're going to make that argument, you also need to understand that prosecuting people under these circumstances means that we'll be putting more people in prison. And who those people are will reflect all of the biases, prejudices and predispositions present in the laws we already have.
...As for Shaneen Allen, Nappen says he is still hoping that McClain has a change of heart and allows her to enter the diversion program. If not, they will go to trial. Nappen says Allen is also protected by an amnesty period passed into law that allowed gun owners to surrender their weapons from August 2013 to February 2014 without fear of punishment. Whether Allen technically "surrendered" her weapon is a legal question. But if she is denied that defense, she will almost certainly go to trial, and under New Jersey's gun law, she will have no real defense. Unless her jury engages in a defiant act of nullification, she will be convicted, and her trial judge will have no choice but to sentence her to the three-year minimum. At that point, her only hope will be to appeal to the New Jersey governor for clemency or a pardon. Current New Jersey Gov. Chris Christie commuted the sentence for Brian Aitken, whom Nappen also represented. Aitken's case inspired a lot of outrage, but it didn't result in any change in the law. So we're back to discretion.
Do you want to leave whether you spend three years in a cage to some trial judge or politician's discretion?
What's odd is that the prosecutor is going hard for a conviction with jail time, instead of opting for a diversion program.
Do DAs in New Jersey stand for election to office?
I R A Darth Aggie at July 25, 2014 6:20 AM
What I can't believe is that she's potentially being jailed for LEGALLY owning a gun. Is it the fact taht she transported it over state lines or that she had it at all that's the problem? What the hell are the gun laws in New Jersey that make this okay?
It's interesting that this is the article I'm reading today too, Amy, since last night I just finished reading the chapter in your book last night where you talk about being honest and polite with cops and "owing" what you did in a traffic stop. I admit, after I read that chapter I went "Yeah, right". This shit right here is why no one trusts cops and thier judgement enough to be "honest". My strategy if I'm pulled over is say nothing more than necassary, turn my camera on immediatly and place it on dash before the cop even walks up, and do not get out of the car. I have traveled with my revolver more than once late at night. I keep it under my seat or in my bag within arms reach as I have a conceal permit. Twice I've been pulled over. Legally, I don't have to announce that I'm carrying unless they ask so I didn't. The last time, I was asked if I had any weapons and I answered honestly. The cop asked me to step out of the car. I said no and it ended there. I guess I was lucky in that aspect because the cop saw I was taping it and didn't push further. Other than giving me a speeding ticket (which I admit I totally deserved), our conversation was short.
Sabrina at July 25, 2014 6:50 AM
Welcome to your future.
There's a reason why people draw 'lines in the sand' about gun rights as well as pro-choice.
We all have lives and rather than be very politically vocal we carry on and hope for the best (or at least some common-sense about who is a criminal and who is not).
Once you realize that the above is a pipe dream you just get stubborn about a few things and appear to be unyielding.
I think the answer is to be vocal in local politics where you can be effective.
Bob in Texas at July 25, 2014 7:44 AM
New Jersey and New York are two states that don't have reciprocal concealed carry agreements with most other states. They are more of a may issue instead of shall issue states.
You may want to grab a copy of The 2014 Traveler's Guide to the Firearm Laws of the Fifty States because there are several states that don't reciprocate on CCW with certain other states. I know some people that have a home state CCW and then a Florida and Arizona CCW as well because they then can travel in the most other states carrying.
Jim P. at July 25, 2014 10:56 AM
A lot of information has been left out of this article. It's not that she had a concealed carry permit from another state that's the problem. The problem is that she was carrying her as if her state's laws still applied to her while in another state that does not allow for it. She was carrying gun loaded and on her in New Jersey where she is not permitted to do under law. In order for her to not have been breaking New Jersey law the gun needed to be unloaded and locked in a case in the trunk, not the passenger compartment of her car. As a concealed carry holder it is her responsibility to know where and how she can legally carry her weapon. Whether you feel the punishments or laws are unfair or should be changed is a different argument. I say this as a concealed carry holder. None of my licenses allow me to carry in New Jersey and I also live in a state (Oregon) that only allows carry by those licensed by that state. It is my responsibility to know that or I'm breaking the law and run the risk of losing my permit rights along with a whole host of other legal problems.
BunnyGirl at July 25, 2014 11:58 AM
Bunnygirl - I agree in that she should have known what the laws were. But, it does seem so, so, so wrong to punish her for this small infraction.
I mean, it isn't like she was intentionally trying to use the weapon to endanger others.
She had been robbed several times before and bought the gun for her own protection.
Quite frankly, I would love to be on her jury and thumb my nose at all the liberals who want her to be punished. (I'm not say that is you Bunnygirl, not at all).
Man, common sense seems to just be lacking here.
Charles at July 25, 2014 2:13 PM
In order for her to not have been breaking New Jersey law the gun needed to be unloaded and locked in a case in the trunk, not the passenger compartment of her car.
Like this guy did, and still wound up in jail anyway
http://en.wikipedia.org/wiki/Brian_Aitken
lujlp at July 25, 2014 2:28 PM
Leave a comment