Shaneen Allen to Avoid Prison--Atlantic County Prosecutor reverses his own decision

[RugersGR8]

The JACKWAGON/JACKARSE NJ Atlantic County Prosecutor reversed his own decision because even he could see that he and the rest of the lib dems(including RINO Christie) are looking like a typical bunch of lib dem gun grabbing/hating buffoons and they are trying to save face. While this gets Shaneen Allen off of the hook, the Jackwagon politicians back in NJ need to pass “Shaneen’s Law” in New Jersey and the Right-to-Carry Reciprocity Act of 2013 now pending in Congress to make sure this travesty doesn't happend again.



http://www.nraila.org/news-issues/articles/2014/9/shaneen-allen-to-avoid-prison-as-new-jersey-ag-revises-sentencing-guidance-for-gun-law-violations.aspx
Shaneen Allen to Avoid Prison as New Jersey AG Revises Sentencing Guidance for Gun Law Violations
Posted on September 26, 2014

In a stunning outbreak of sanity in the Garden State, Atlantic County Prosecutor Jim McClain has reversed his earlier decision to seek prison time for Shaneen Allen, a single mother from Philadelphia who was facing felony prosecution for misunderstanding concealed carry reciprocity rules. The decision came after John Hoffman, acting New Jersey Attorney General, issued statewide guidance to county prosecutors clarifying the application of New Jersey’s mandatory sentencing scheme to certain minor firearm violations. These developments mean that not only will Ms. Allen and her children be spared the ordeal of her facing a felony conviction and lengthy prison term but that other travelers who unwittingly violate New Jersey’s harsh laws gun laws may also avoid a similar nightmare.

Shaneen Allen’s case shocked the conscience of a broad range of Americans, particularly given the disparate treatment McClain’s office recently provided to professional football player Ray Rice. Rice was caught on video knocking unconscious his then- fiancée with a punch, but McClain still approved him for New Jersey’s Pretrial Intervention Program (PTI), which allows first time offenders to avoid criminal conviction after a period of supervised rehabilitative efforts. Meanwhile, McClain had initially refused to show Allen the same leniency, instead offering her a plea that would have required her to complete at least 3 ½ years of a possible 10-year prison sentence without chance of parole. Even certain media figures not known as stalwart Second Amendment supporters -- including CNN’s Anderson Cooper -- recoiled at the injustice.

McClain has now reversed his decision on Ms. Allen’s participation in PTI, stating, “In applying the factors set out in the [attorney general’s] clarification, I determined that the defendant in this case should be offered the opportunity to be admitted into the Atlantic County PTI Program."

Indeed, the “mitigating” factors the attorney general’s memorandum counsels prosecutors to consider closely parallel the circumstances of Ms. Allen’s case. First, she lawfully owned the firearm and would have been lawfully able to carry it in her state of residence. Once in New Jersey, the firearm apparently never left her vehicle. She was otherwise law-abiding, and police only discovered the gun because of a routine traffic stop. Ms. Allen volunteered the presence of the firearm even before being asked about it, and police immediately took it into custody. Finally, Ms. Allen was honestly unaware that her Pennsylvania concealed carry permit did not apply in New Jersey. Given the number of out-of-state tourists who come to New Jersey for its beaches, amusement parks, and casinos -- and given that most other American states recognize and respect the Second Amendment -- violations of this sort are to be expected. As the attorney general recognized in his memorandum: “n most of these cases, imprisonment is neither necessary nor appropriate to serve the interests of justice and protect public safety.”

While we certainly welcome these developments, the enduring lessons of Shaneen Allen’s case (and the anguish and upheaval it has already caused her and her family) should not be forgotten. Even under the new guidance -- which is merely advice on the law, not binding law itself -- the simple act of carrying a firearm for purposes of self-defense is still presumptively criminal and still presumptively leads to mandatory imprisonment. Those lucky enough to be shown leniency in the disposition of their cases also still face arrest and search, an interruption of their journeys and normal lives, potentially lengthy periods of detention, the forfeiture of their lawfully-possessed firearms, fines, legal fees, stigma, and stress. Ms. Allen herself lost her employment and her residence and will face a lengthy period of rebuilding her life. And all this for an activity -- carrying a firearm in case of confrontation.

True legal reform is still needed, including enactment of “Shaneen’s Law” in New Jersey and the Right-to-Carry Reciprocity Act of 2013 now pending in Congress. In the meantime, Ms. Allen joins such pivotal and largely unsung civil rights heroes as Otis McDonald and Mary Shepard, whose personal struggles achieved greater recognition of the Second Amendment for their fellow citizens. As Ms. Allen’s attorney Evan Nappen noted, these victories were not achieved in isolation but with the aid of untold numbers of Second Amendment supporters who ensured that these struggles did not go unnoticed. “Every NRA member should be proud,” Nappen said.


© 2014 National Rifle Association of America. Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes.
11250 Waples Mill Rd. Fairfax, VA 22030 1800-392-8683(VOTE)

 

[RugersGR8]

A leopard can never change it's spots and a JACKWAGON IS ALWAYS A JACKWAGON! I bet the N.J. Star and Obama are green with envy of Venezuela’s United Socialist Party President Nicolas Maduro---read the last paragraph.



http://www.nraila.org/news-issues/articles/2014/9/the-nj-star-ledger-advocates-mandatory-gun-turn-ins.aspx
The N.J. Star-Ledger Advocates Mandatory Gun Turn-Ins
Posted on September 26, 2014

Echoing a desire repeatedly mentioned by President Obama, last week the New Jersey Star-Ledger’s editorial board declared its support for Australian-style gun controls, most notably mandatory gun turn-ins. The comments come following the passage of A2895 in the New Jersey State Assembly, which would require the state to have a minimum number of voluntary gun turn-ins each year, using forfeiture funds and private donations. While conceding that their wish is unlikely to come true, the board insists that unless the voluntary turn-ins are made mandatory, “don’t expect it to make much of a difference.”

The editorial board goes on to tout Australia’s other severe gun controls, such as the country’s registration and licensing laws. Specifically, the Star-Ledger approvingly cites Australia’s lack of respect for the right to self-defense, stating, “Gun owners have to present a ‘genuine reason’ to buy a weapon. A claim of self-defense isn’t enough unless you have an occupational need to carry a gun.” This view is at odds with the Supreme Court’s Heller decision, which found that the Second Amendment protects firearm ownership for the “core lawful purpose of self-defense.” Further, it ignores data showing that the majority of American gun owners own firearms for personal safety reasons.

Credit the board’s frankness, at least. Few gun control advocates in today’s increasingly-media conscious age are willing to be so explicit about their views and goals.

The accuracy of the board’s research, however, is another matter. The paper contends that Australia’s strict gun controls have led to a massive drop in violence. However, this isn’t the conclusion reached by the Department of Justice’s National Institute of Justice in the run-up to the Obama administration’s 2013 gun control push. In a memo that surveyed a variety of gun control measures, including the Australian regime, the author noted:

The Australia buyback appears to have had no effect on crime otherwise. One study (Leigh & Neill 2010) has proven confusing in that its abstract suggests that Australia’s gun buyback reduced firearm homicide rates by 80%, but the body of the report finds no effect. Others (Reuter & Mouzas 2003) have used the same data and also found no effect on crime although they also noted that mass shootings appear to have disappeared in Australia. A third study (Chapman et al 2006) using Australian data from 1979 to 2003 shows that the firearm homicide rate was already declining prior to the firearm reforms and that there is no evidence that the new legislation accelerated the declines. This remains true when data through 2007 are added to the analysis (conducted by G. Ridgeway on 1/3/2013 at NIJ).

Regardless of the misinformation in the editorial, the piece is useful as an unfiltered glimpse into the minds of gun control supporters. Gun control advocates will not be satisfied until Americans are forced to turn their firearms into the government. This viewpoint, shared so vividly by the Star-Ledger editorial board, also illustrates why gun owners must fight firearms registration and restrictions on private transfers. Such measures facilitate gun control activist’s ultimate goal of involuntary turn-ins/confiscation.

Perhaps coincidentally, the news this week suggests the Star-Ledger editorial board have a comrade in gun control, literally. On September 22, BBC reported that Venezuela’s United Socialist Party President Nicolas Maduro will be spending $47 million on a gun turn-in initiative to help enforce the country’s stringent gun laws. Maduro is the decidedly undemocratic hand-picked successor to the notorious Hugo Chavez.


© 2014 National Rifle Association of America. Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes.
11250 Waples Mill Rd. Fairfax, VA 22030 1800-392-8683(VOTE)

 

[mouthpiece]

Looks like good news for the Lady.

 

[Dale00]

Glad to hear this and glad to have written a letter to the NJ Governor on this lady's behalf.