Single Mother’s Legal Gun Permit May Get Her Three Years In Prison

Options
1CK1S
1CK1S Members Posts: 27,471 ✭✭✭✭✭
edited July 2014 in The Social Lounge
4184915_G.jpg

A 27 year-old Pennsylvania resident is being punished in a case that has garnered quite a bit of controversy. Shaneen Allen is now facing three years in a New Jersey prison because she was honest with a police officer about the gun that she had a permit to carry. The only problem was that her concealed carry permit isn’t transferable across state lines.

Allen made the decision to get a gun due to the fact that she works late, is a single mother, and had been robbed a few times. One of her family members said that it would be a good idea to get some protection for herself and for her family. Before getting a gun, she went to take a gun safety course, which she completed. She then applied for a concealed carry permit. Only after completing the course and obtaining her permit did she purchase a gun legally.

One day while driving through New Jersey, she was stopped for a minor traffic offense. While speaking with the officer, she was honest and told him that she had a gun on her, but also had a permit for it. What she didn’t know is that her honesty would send her to jail. She did not know that her permit did not transfer over state lines and she was technically carrying a weapon illegally. An illegal weapons charge is a felony according to New Jersey’s gun laws. The minimum sentence is three years in prison. Even though Allen does not have anything on her criminal record, she still may go to prison.

There is a divisionary program in New Jersey that would allow her to skip any time behind bars, but the judge denied her entry into this program. Unfortunately the judge does not have much discretion in this case and told Allen that her honesty just got her into trouble. Do you think that time behind bars is appropriate for this woman who did nothing wrong and was completely honest with the police?
«1

Comments

  • LUClEN
    LUClEN Members Posts: 20,559 ✭✭✭✭✭
    edited July 2014
    Options
    Lol @ Three years for a crime that Didn't hurt anyone
    She didn't obstruct the officer or resist arrest

    I see what the libertarians are on about now
  • Meta_Conscious
    Meta_Conscious Members Posts: 26,227 ✭✭✭✭✭
    Options
    this helps everyone right?
  • Say What
    Say What Members Posts: 1,477 ✭✭✭✭
    Options
    Technically she did do something wrong she broke the laws of the state but this is something that shouldn't be charged or receive any time.
  • StoneColdMikey
    StoneColdMikey Members, Moderators Posts: 33,543 Regulator
    Options
    What type of ? is that. If it was illegal, why was she able I get the permit?
  • Meta_Conscious
    Meta_Conscious Members Posts: 26,227 ✭✭✭✭✭
    Options
    oh and the judge does have discretion... he denied her entry into the diversionary program... inb4 "what about black on black crime"...
  • Say What
    Say What Members Posts: 1,477 ✭✭✭✭
    Options
    What type of ? is that. If it was illegal, why was she able I get the permit?
    Different state means her permit was useless
  • count  remy
    count remy Members Posts: 392 ✭✭✭✭
    edited July 2014
    Options
    This is tough. But bottom line is it sucks to be her. Pennsylvania weapons permits are valid across some state lines. When you take your CC class they tell you which states your license is valid in. It's called the Firearm Reciprocity Agreement. I can drive from california to florida with my Texas issued CHL but not into Oregon. Unfortunately new jersey is not in that agreement with Pennsylvania. This situation pretty much comes down to the discretion of the judge. Did this 5'3 135 pound woman with out of state tags and a valid chl in the state she resides who that just admitted to having a gun on her just came to your beautiful state to violate all your laws and murder? it would seem so, huh.
  • Busta Carmichael
    Busta Carmichael Members, Moderators Posts: 13,161 Regulator
    Options
    Lol in Scandinavia u get 3 years for murder and and maybe a fine for a gun.
  • gdatruth2.0
    gdatruth2.0 Members Posts: 3,581 ✭✭✭✭✭
    Options
    horrible case of tmi.

    why didnt the cop use some of discretion/common sense, tell her the law and tell her to get the hell out of Jersey?

    its seems that fundamentally many of these issues wouldnt occur if there wasnt manadtory sentencing policy in place. You have to allow for common sense, circumstance and context

    she shouldn't go to jail for doing the 'right thing' by telling the officer she was caring and not knowing the laws of that particular state she is in
  • mryounggun
    mryounggun Members Posts: 13,451 ✭✭✭✭✭
    Options
    Another misleading thread title: Her permit got her jail time, huh? Lol.

    Should read: Single Mother Carrying Gun In State She Was Not Licensed In Gets Her Three Years In Prison

    But yeah, this is ? . Tell her she can't carry that ? across state lines and cut her loose. ? outta here with this 3 years ? .
  • MARIO_DRO
    MARIO_DRO Members Posts: 14,425 ✭✭✭✭✭
    Options
    "Unfortunately the judge does not have much discretion in this case and told Allen that her honesty just got her into trouble."

    ^^^

    NOW THATS FONKED UP
  • mryounggun
    mryounggun Members Posts: 13,451 ✭✭✭✭✭
    Options
    You are allowed to legally own fire arms in the United states. It's ur right as a law abiding citizen.

    This issue is her ability to carry concealed.

    If she said she was going to the gun range would the cop have the same leverage? All she would have to prove is that she wasn't carrying it in an illegal way.

    She still would have been in trouble. A permit to own a handgun is also only applicable in your state. So either way...she was on the wrong side of the state line.
  • mryounggun
    mryounggun Members Posts: 13,451 ✭✭✭✭✭
    Options
    mryounggun wrote: »
    You are allowed to legally own fire arms in the United states. It's ur right as a law abiding citizen.

    This issue is her ability to carry concealed.

    If she said she was going to the gun range would the cop have the same leverage? All she would have to prove is that she wasn't carrying it in an illegal way.

    She still would have been in trouble. A permit to own a handgun is also only applicable in your state. So either way...she was on the wrong side of the state line.

    Wrong.

    U don't need a permit to own a gun. ANYONE can buy a gun if their criminal record is clean.

    She purchased legally

    Wrong.

    It's state by state. For example, in my state - California - you have to have a permit to even own pr purchase a handgun. And you gave to have a permit to purchase in NJ as well. Soooo...even if you DON'T need one in her home state of Pennsylvania...once she crosses the state line into a state the required a perm is to even own a gun...she's breaking the law.
  • Chi Snow
    Chi Snow Guests, Members, Writer, Content Producer Posts: 28,111 ✭✭✭✭✭
    Options
    Victimless 'crime'

    Waste of Taxpayers money
  • Melanin_Enriched
    Melanin_Enriched Members Posts: 22,868 ✭✭✭✭✭
    Options
    Sheesh, 1 month max should have been the penalty for the offense.
  • mryounggun
    mryounggun Members Posts: 13,451 ✭✭✭✭✭
    Options
    So u mean to tell me the 2nd amendment doesn't apply in certain states?

    What is the process for purchasing a firearm in California?

    Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age. As part of the DROS process, the purchaser must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles (DMV). A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

    If the purchaser is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing the firearms dealer with documentation containing his/her Alien Registration Number or I-94 Number.

    Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Handgun Safety Certificate (HSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an HSC exemption



    California office of attorney general says no...

    That's not a violation of the 2nd amendment at all. And again, there are LOTS of states that require permits just to own.
  • Copper
    Copper Members Posts: 49,532 ✭✭✭✭✭
    Options
    This should be a fine ... nothing else
  • atribecalledgabi
    atribecalledgabi Members, Moderators Posts: 14,063 Regulator
    Options
    How did the issue of her having a gun come up in the first place during a traffic stop?
  • Dupac
    Dupac Members, Writer Posts: 68,365 ✭✭✭✭✭
    Options
    cop was being a ? , he coulda just explained that ? to her in the car, and let her go
  • atribecalledgabi
    atribecalledgabi Members, Moderators Posts: 14,063 Regulator
    Options
    How did the issue of her having a gun come up in the first place during a traffic stop?

    If you have a weapon on you and are dealing w the police you're supposed to present your concealed carry license and inform the officer you have it on u

    Is that a rule?

    Either way I still don't see why she would just come out and say that unless she was asked or she was about to be searched....and a speeding ticket or whatever doesn't warrant a search.

    Not on no sneaky ? either...I just don't see myself giving up unnecessary info.
  • mryounggun
    mryounggun Members Posts: 13,451 ✭✭✭✭✭
    Options
    mryounggun wrote: »
    So u mean to tell me the 2nd amendment doesn't apply in certain states?

    What is the process for purchasing a firearm in California?

    Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age. As part of the DROS process, the purchaser must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles (DMV). A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

    If the purchaser is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing the firearms dealer with documentation containing his/her Alien Registration Number or I-94 Number.

    Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Handgun Safety Certificate (HSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an HSC exemption



    California office of attorney general says no...

    That's not a violation of the 2nd amendment at all. And again, there are LOTS of states that require permits just to own.

    kobe.gif


    That's my point bruh. U don't need a PERMIT to buy a firearm.

    change this kids name to @mryoungswitchblade

    Only...you do. *shrugs*
  • Meta_Conscious
    Meta_Conscious Members Posts: 26,227 ✭✭✭✭✭
    Options
    my problem with this generation is they don't understand that laws are bent, changed, etc...
    accepting ? like this is why it will continue, not because it is written...she could be set free and no one would object... no one... even the governor can be like "you're free"...
    but g'head and argue that "its the law"...
  • themadlionsfan
    themadlionsfan Members Posts: 9,133 ✭✭✭✭✭
    Options
    So u mean to tell me the 2nd amendment doesn't apply in certain states?

    What is the process for purchasing a firearm in California?

    Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age. As part of the DROS process, the purchaser must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles (DMV). A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

    If the purchaser is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing the firearms dealer with documentation containing his/her Alien Registration Number or I-94 Number.

    Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Handgun Safety Certificate (HSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an HSC exemption



    California office of attorney general says no...

    I don't know where you're from but in Michigan before you can legally buy a handgun without a CPL you need to get a "permit to purchase".
  • themadlionsfan
    themadlionsfan Members Posts: 9,133 ✭✭✭✭✭
    Options
    How did the issue of her having a gun come up in the first place during a traffic stop?

    If you have a weapon on you and are dealing w the police you're supposed to present your concealed carry license and inform the officer you have it on u

    Is that a rule?

    Either way I still don't see why she would just come out and say that unless she was asked or she was about to be searched....and a speeding ticket or whatever doesn't warrant a search.

    Not on no sneaky ? either...I just don't see myself giving up unnecessary info.

    In Michigan that's the law. Here a cop knows as soon as he/she runs your plate that you have a CPL. And if you don't tell them you're armed your CPL can be suspended.
  • mryounggun
    mryounggun Members Posts: 13,451 ✭✭✭✭✭
    Options
    So u mean to tell me the 2nd amendment doesn't apply in certain states?

    What is the process for purchasing a firearm in California?

    Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age. As part of the DROS process, the purchaser must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles (DMV). A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

    If the purchaser is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing the firearms dealer with documentation containing his/her Alien Registration Number or I-94 Number.

    Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Handgun Safety Certificate (HSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an HSC exemption



    California office of attorney general says no...

    I don't know where you're from but in Michigan before you can legally buy a handgun without a CPL you need to get a "permit to purchase".

    ...and in most states.