Previously, we blogged about a woman facing prison time after bringing a gun she legally owned in PA into NJ. Recently, new updates surrounding her case have emerged.
The Press of Atlantic City reported that Atlantic County Prosecutor Jim McClain told a judge that he is considering whether it would be appropriate to let Shaneen Allen into a diversion program.
Doing so would allow her to avoid prosecution in a case that has become a rallying point for gun owners’ rights in a state with some of the nation’s strictest laws.
The 27-year-old from Philadelphia was arrested in Hamilton Township after telling a state trooper she had a gun and a concealed carry permit.
That permit is not recognized in New Jersey and violating the NJ law translates into automatic jail time.
McClain’s decision to reevaluate the case comes as lawmakers push for more discretion for judges in weapons cases.
Assembly Republican Leader Jack Bramnick held a news conference to promote a bill that would allow people in Ms. Allen’s situation (i.e. those with no criminal records charged with possession of a handgun that is permitted in another state) to be eligible for NJ’s Pretrial Intervention Program (PTI).
The program allows people who are charged with crimes to avoid jail time and criminal records if they abide by certain requirements for a year.
Mr. Bramnick explained that if Mr. McClain does not reduce charges or take some other step to keep Ms. Allen––who has young children––out of jail, he wants the Democrat-led Legislature to hold a special session to pass the bill speedily.
Regardless of what ends up happening, it is vital for New Jersey to make a clear cut determination concerning whether it will honor out-of-state gun permits and licenses.
Otherwise, if the state fails to do so, people who are acting lawfully in the state they live and simply happen to be passing through NJ, could end up facing a very rude awakening.
If you recently were charged with a crime in NJ, contact Rosenblum Law today at 888-815-3649.