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Honest Gun Owning Mom Now Facing 11-Years Behind Bars

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posted on Aug, 7 2014 @ 01:37 PM
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a reply to: Benevolent Heretic

en.wikipedia.org...


One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.[11] Under this provision, someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that the individual did not stop in New Jersey or New York for an extended period of time. See 18 USC § 926A www.law.cornell.edu...
she may have thought she was covered by this federal law,although not sure how and where the gun was located and if it was loaded or not . if she was stopping to stay in nj and not driving through i dont think it would apply as it can be kind of complicated trying to keep track of all the various gun laws and regs from state to state.


www.washingtontimes.com... if passed lasw like this would stop that as if you have a ccw from one state under this law it would be valid in all 50 states and thus possibly make this less likely to happen.

current map www.usacarry.com...




posted on Aug, 7 2014 @ 01:54 PM
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originally posted by: peter vlar
But in New Jersey, she WASN'T a licensed gun owner.


You can't license a right... Period.



posted on Aug, 7 2014 @ 02:01 PM
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a reply to: switchqm8

It is all lies........They are not following the highest law of the land the constitution.



posted on Aug, 7 2014 @ 02:07 PM
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www.sfgate.com... another link but it details another charge she got possession of Armour piercing bullets (i didnt know any were legal for any handgun in usa) but do not know what that constitutes: for example it could have been a rifle caliber pistol which by its very nature will have AP capabilities (most body Armour does nothing against rifle rounds and they them selves are not inherently classified as Armour piercing)or it could have been the rather expensive 5.7mm pistol whos standard rounds tend to go through most level 1 and 2 body armors or it could have been anything as simple as a .357 or 44 mag or even a .50 handgun


"She voluntarily gave him her driver's license and gun license, as she was trained to do," Nappen said. "She was open and honest with the officer from the beginning." Allen was charged with unlawful possession of a weapon and armor penetrating bullets. She initially was accepted into a pretrial program for nonviolent offenders that could have led to lesser penalties or having the charge expunged, but Nappen said the Atlantic County Prosecutor's office opposed that. "There's no way a hard-working woman like this should be considered a felon," Nappen said. He also represented Brian Aitken, a New Jersey man who was sentenced to seven years in prison after being found with guns he had purchased legally in Colorado. The case drew nationwide attention, and Aitken's sentence was eventually commuted by Gov. Chris Christie.
saw the akin gun mentioned earlier so good to see his sentence was commuted

ah her gun was loaded so that wont help her case in nj
www.ammoland.com...

What heinous offense did Shaneen Allen — a hard-working single mother of two, with no prior criminal record — do to deserve such a fate? Last October, she travelled with her Pennsylvania licensed handgun loaded with lawfully purchased, low penetration self defense ammunition, into New Jersey. Read more: www.ammoland.com... Under Creative Commons License: Attribution Follow us: @Ammoland on Twitter | Ammoland on Facebook
seems odd that if she did have low power safety ammo that they would try to charge her with AP ammo but no link ive found lists what type of gun or brand of ammo so that is harder to check

www.thetruthaboutguns.com...

ah turns out she had a .380 bersa thunder compact pistol......i did not even think they made ammo other then standard FMJ and hollow point (its a tiny little mouse gun not known for its penetration abilities of the caliber)

The charge is perfectly proper, legally speaking. By carrying her .380 Bersa Thunder loaded with cop killer bullets
not sure what "cop killer" bullets are but it seems in NJ they are hollow points (kind of the opposite of Armour piercing ammo)
www.thetruthaboutguns.com...

www.njleg.state.nj.us... NJ definition of prohibited ammo so i guess HP(hollowpoint/dumdums to our commonwealth friends) ammo is what they view as AP



www.thetruthaboutguns.com...
edit on 7-8-2014 by RalagaNarHallas because: (no reason given)



posted on Aug, 7 2014 @ 02:09 PM
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.a reply to: EternalSolace
You said it as I thought it. Complacency is the biggest problem facing us in these times and people just don't give a # unless its them which of course is a conundrum as...No one else will give a # about them and on and on and on and on


edit on 45p20142014k1445uThursdayThursday by spookysully because: (no reason given)



posted on Aug, 7 2014 @ 02:12 PM
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www.guncite.com... one more link ill post as it seems to have interesting info on "ap ammo and cop killer bullets" and was written under a psydonym bu a current police officer


Here are the facts: - "Armor piercing" ammunition is only legally available to law enforcement agencies and to the armed forces. - Rather than opposing the ban on "armor piercing" ammunition, the NRA was in fact instrumental in crafting the law that Congress ultimately passed. - When properly wearing the appropriate body armor, not one law enforcement officer has ever been killed by a handgun bullet penetrating their vest. The National Institute of Justice (NIJ) certifies three levels of body armor. The most commonly worn, Level IIA, offers realistic protection against all .22, .25, .32, .380, and .38, caliber handgun ammunition, against most 9mm, .357 Magnum, .40 S&W, .45 ACP and .44 Magnum handgun ammunition and against 000 buck shotgun pellets. Level II and Level IIIA armor protects from even greater threats including 12 gauge shotgun slugs and the "hottest" .44 Magnum rounds. "Cop-killer" bullets are a myth born from media hype and nurtured by unrealistic Hollywood portrayals and the deliberately misleading claims of the anti-gun lobby. An objective, rational look at the facts quickly separates the myth from the reality. Knowledge is power.


so pretty much the only handgun caliber that has a shot against most vests(that is not a rifle caliber mind you) would be the .50 AE or waht ever round the revolvers shoot :example fire arms desert eagle(a novelty at best) in.50 cal,a smith and wesson 500 in .50 and perhaps the various flavors of .416 that are occasionally offered in handguns (.416 rigby) or i guess a .454 casul but ballistics are not my forte
edit on 7-8-2014 by RalagaNarHallas because: (no reason given)



posted on Aug, 7 2014 @ 04:26 PM
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originally posted by: Mirthful Me

originally posted by: peter vlar
But in New Jersey, she WASN'T a licensed gun owner.


You can't license a right... Period.


Bingo.

Using New Jersey logic, a state could just say, "To hell with the 13th Amendment, we're going to legalize slavery." The right to bear arms was reserved to the people, not the Federal Government and not the states.



posted on Aug, 7 2014 @ 04:50 PM
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a reply to: peter vlar

I agree it was stupid of her to bring her gun out of state. But would the same level of charges been brought upon her if she was not licensed to carry in another state? Seems to much is being made about it in my opinion.



posted on Aug, 7 2014 @ 05:13 PM
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a reply to: peter vlar




I also have a hard time believing that she was utterly clueless regarding her CCW reciprocity. Where I live its part of the mandatory class that everyone has to take prior to sending all of their documentation into the court for approval.


Meh, I can believe it. WA just has you fill out a little form, takes your fingerprints and you get your CPL in 30 days or less depending on who issues it. No classes. No talk about reciprocity that I recall, no tests, it's pretty much on you to read the laws.

I'm with BH on this one. She made a stupid mistake and shouldn't have to suffer for it the same way someone carrying for criminal reasons should. I sort of doubt that if she were aware of the law she would have offered up the information she was carrying for a routine traffic stop. I also don't think this is in anyway racially motivated. I don't think the cop that arrested her, the judge and the prosecutor are throwing her under the bus because she's black. If anything maybe because she carries a gun, but it seems pretty straightforward.

Jailing this woman isn't going to solve any problems. She wasn't really a problem. She should get a fine so that we know she gets it, and be cut loose. Jailing a mother for something this benign and having her kids have to go through moving in with family or strangers for 3 years is ridiculous. Not to mention this will most likely cost her future employment opportunities in the medical field. So take something that's not really a big deal and potentially destroy three lives, creating 3 more future problems. Not a great idea.



posted on Aug, 7 2014 @ 09:45 PM
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originally posted by: Mirthful Me

originally posted by: peter vlar
But in New Jersey, she WASN'T a licensed gun owner.


You can't license a right... Period.


Oh you'll get no argument from me on that point. However in the current political climate, it's incumbent on the gun owner to ge aware of the laws in neighboring states if they feel the need to travel through that state with their firearms. Making an example out if this woman is, in my opinion, malicious prosecution on the end if a rabid anti-gun DA and it's really a shame. Irregardless if how we feel the laws should be, we are still stuck with the statutes currently on the books and upheld by the SCOTUS. I just think it was a dumb move on her part for not bothering to know whether it not she could legally travel through NJ while armed with a permit issued in a different state. The reciprocity laws need to be adjusted severely to avoid issues like this in the future.



posted on Aug, 7 2014 @ 09:49 PM
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It seems New York is even worse with it's mandatory sentencing laws.

When my dad died and I was heading up to clear out his house, the first thing his lawyer said to me on the phone was, "You being from GA and all don't think you can remove any weapons from the house without calling the state police, who will likely confiscate them and return them later, but more likely will not."

When it became apparent that someone had been in the home and a weapon was missing and we called said state police, they took it very (capital very) seriously.

ETA: A friend of mine is a NJ trooper, and he's told me that not even he can buy ammo in NJ. He goes to PA. He's pretty sarcastic though, so I never know with him.
edit on 8/7/2014 by ~Lucidity because: (no reason given)



posted on Aug, 7 2014 @ 09:50 PM
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Depending on who's in office, I bet she can get an appeal.



posted on Aug, 7 2014 @ 11:11 PM
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a reply to: Hijinx

She was exercising a constitutional right granted all American Citizens. New Jersey simply stripped her of that right and locked her away for using that right. It's been said many times, but I'll state it once more. "...shall not be infringed."

New Jersey should be sued for violating her constitutional rights and the rights of every one else they've locked up for trumped up "gun charges".



posted on Aug, 7 2014 @ 11:26 PM
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a reply to: Benevolent Heretic

it probably didn't occur to her that one of the original 13 colonies could possibly be so opposed to the constitution and bill of rights..

i mean that whole "shall not be infringed" bit, and the constitution being the supreme law of the land.....i suppose she just figured it'd be alright....

yeah...lesson learned: stay far from jersey...lying, shifty, piece of crap governor, idiotic gun laws, some of the most dangerous cities in america, high taxes, tons of illegals....sure, there are some redeeming features and places, but overall, it's a pretty s**tty place to live...
edit on 8-7-2014 by Daedalus because: (no reason given)



posted on Aug, 7 2014 @ 11:27 PM
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originally posted by: VictorVonDoom

originally posted by: Mirthful Me

originally posted by: peter vlar
But in New Jersey, she WASN'T a licensed gun owner.


You can't license a right... Period.


Bingo.

Using New Jersey logic, a state could just say, "To hell with the 13th Amendment, we're going to legalize slavery." The right to bear arms was reserved to the people, not the Federal Government and not the states.


You have to fight to keep your rights. Americans right now aren't fighting to keep their rights. Complacency is the standard in America.

The next 5-6 years we will see serious issues, and we have to choose to act or let it happen. If we let it happen then fixing these problems will be much more difficult.



posted on Aug, 7 2014 @ 11:35 PM
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a reply to: Mirthful Me

exactly....if you need a license, it's not a right..



posted on Aug, 7 2014 @ 11:39 PM
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a reply to: RalagaNarHallas

yeah, typical hype scare terms, from ignorant people....."cop killers" ...yeah, right...

ACTUAL cop-killers were "talon" teflon-tipped AP rounds....those are illegal, i think pretty much everywhere...



posted on Aug, 8 2014 @ 11:28 AM
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a reply to: EternalSolace

I agree. If you are licensed in the U.S. then it should be valid in every state no matter where the original license was issued. NJ is in violation of the constitution.



posted on Aug, 8 2014 @ 01:14 PM
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a reply to: EternalSolace

Your constitution gives her the right to own fire arms, which the state of new jersey does recognize. It does not how ever recognize your right to carry a loaded fire arm concealed with in the glove box of her vehicle. That's the issue.

Does she has a CC permit for her fire arm? Is it valid in the state of new jersey? Does this permit cover keeping a loaded weapon in her cars globe box? What are New Jersey's laws regarding the safe stowage of firearms and ammunition?



posted on Aug, 8 2014 @ 01:52 PM
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a reply to: Fylgje

agreed...

now if only we could get the supreme court to back us up....oh wait....

they made a ruling once, that says any law that is in violation of the constitution, is null and void...

SOMEONE should start something with NJ...loosten the restrictions a bit, and reinstate "shall issue", and maybe camden, newark, trenton, and atlantic city will be safe to walk around in at night, at some point....
edit on 8-8-2014 by Daedalus because: (no reason given)



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