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Should have known the law - or batpoo crazy DA?


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#1 Happy Panther

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Posted 30 July 2014 - 08:26 AM

In October of 2013, a Pennsylvania resident named Shaneen Allen drove into New Jersey’s Atlantic County and was pulled over by police for an “unsafe lane change.” When the detaining officer arrived at her car window, Allen informed him that she was carrying a concealed firearm, and presented her Pennsylvania carry license as proof of eligibility. Unbeknownst to her at the time, however, was that New Jersey is among the 20 states that do not recognize Pennsylvania’s permit. In consequence, she was arrested. If convicted of the charges that the state has elected to bring, she will be locked in prison for up to a decade.

 

http://www.nationalr...n-allen-editors

 

Goes onto discuss that the DA could have given her a misdemeanor or even a warning but is pursuing a felony charge with a three year mandatory minimum sentence. Prosecutors make careers out of going for the max. 

 

The governor ended up granting clemency in a similar case and could do the same here if she get's convicted



#2 MadHatter

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Posted 30 July 2014 - 08:34 AM

I normally don't advocate the defense of "ignorance of the law".  But, in this case she should have been given a misdemeanor at the most.

 

I think the cop did the right thing, but the DA seemed to have blown it.



#3 cookinwithgas

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Posted 30 July 2014 - 08:56 AM

Meh everyone on all sides of the issue agree that firearms owners need to be more aware of their responsibilities as gun owners for lots of different reasons, and it's not like New Jersey is on the other side of the country - seems to me that PA owners would have known and complained about this for a while, especially since almost half the states in the country apparently don't honor PAs permit system for some reason.

 

Yeah the DA is looking for something, but there's no excuse for this woman to be ignorant of the law in this particular case.

 

Whats hilarious is the National Review trying to convince us of her being deserving of a lighter treatment on a gun offense based on the fact shes poor and works hard. And being black helps. HAHAHA



#4 Mvp2014

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Posted 30 July 2014 - 09:07 AM

Well that's what you get for traveling to New Jersey. 



#5 Darth Biscuit

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Posted 30 July 2014 - 09:12 AM

She has a responsibility to know the law... but there should also be some leeway if she is otherwise a law abiding citizen and it's her first offense.

 

No reason to throw the book at her for a simple mistake.



#6 pstall

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Posted 30 July 2014 - 09:20 AM

Did she only use two wheels to make her "unsafe lane change"?

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#7 thefuzz

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Posted 30 July 2014 - 09:28 AM

If I were teaching the CC class, I would have made sure that everyone knows that PA's CC does not carry over to NJ's.

 

I would think it would be common sense to educate your students.

 

 

That said, the DA went overboard.



#8 CatofWar

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Posted 30 July 2014 - 09:30 AM

Her fault. She should know the laws of the state she is carrying in. She also shouldn't have said a fuging word about it.

#9 pstall

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Posted 30 July 2014 - 09:36 AM

I could see the DA making a big hit if she kept quiet but since she was above board and told the cop the deal the DA could have at least gave a warning or a light fine.

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#10 Happy Panther

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Posted 30 July 2014 - 09:39 AM

Her fault. She should know the laws of the state she is carrying in. She also shouldn't have said a fuging word about it.

In NC I think you have to inform the officer by law. Not sure about NJ.



#11 thefuzz

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Posted 30 July 2014 - 09:54 AM

In NC I think you have to inform the officer by law. Not sure about NJ.

 

Duty to inform is accurate, IIRC.



#12 Zaximus

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Posted 30 July 2014 - 10:49 AM

This is silly.  I'm ok with a fine, even a hefty one, so it doesn't happen again.  But years in prison?  Are you kidding me?   She didn't have intent obviously if she told the cop.   This is like when Plaxico went to jail for so long, granted he was being stupid but he got sent away because of license issues.   Putting a felony and jail time on someone's record in this case could actually push her to actually commit crimes because of a hard time getting a job, etc.  That is not the purpose of the system.



#13 CatofWar

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Posted 30 July 2014 - 10:52 AM

In NC I think you have to inform the officer by law. Not sure about NJ.


You are correct about NC. But if you know the law and decide to carry anyway (I would), not saying anything about it during a traffic stop would be preferable.

#14 stirs

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Posted 30 July 2014 - 11:15 AM

Our instructor gave us a map showing the states where we could travel with CC and the ones we could not.

 

In my opinion, there are two wrongs here.  She knew part of the law which is to inform an officer as soon as you are pulled over, good for her, but forgot that it does not matter if you are in the wrong state.

 

The DA is acting like a DA in a derogatory sense.  To get a CC, you have to be a law abiding citizen, so right off, he knows her intent and he still wants to act "tough on crime".  They should be proud of him in Jersey.



#15 332nd

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Posted 30 July 2014 - 11:22 AM

If I were teaching the CC class, I would have made sure that everyone knows that PA's CC does not carry over to NJ's.

I would think it would be common sense to educate your students.


That said, the DA went overboard.


Now that you mention it, this might be a signal for the authorities to check out the CC classes in her area. There was a rash of similar incidents in MO before we left & it turned out they were connected to a small cluster of courses run by the same family. You were supposed to get 8 hrs of instruction (mostly gun safety & law) before you got the paperwork to take to the sheriff to get your permit. They would just ask you how much you knew about guns & if you answered a lot & did well on their range you could get your permit in an hour or two. (Including the trip to the sheriff's office.)

A lot of improper carrying (or whatever the charge was) was chalked up to individual stupidity, but they finally decided to check out the classes when a clerk noticed that in order for the preson standing in front of her for his premit to have gone through a proper class, the class would've had to start at 1am that morning.


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