Categories
Second Amendment rights

Common Sense Reprieve

Sharing

She must still suffer bogus punishment for her non-crime.

But at least Shaneen Allen won’t have to rot in prison for up to ten years.

What is the charge? Crossing a state border.

I’m glad that she no longer lives in the purgatory of that possibility.

And I think I know how she feels, having been arbitrarily threatened with prison myself, along with two colleagues, for a “crime” that was, in fact, a non-crime.

Twice a victim of real crime last year, Ms. Allen has a concealed carry permit from her home state of Pennsylvania. Her duly licensed gun was in her purse on the day she drove into New Jersey. A routine traffic stop led to its discovery and to Atlantic County Prosecutor James McClain’s injudicious determination to throw the book at her for possessing that gun in New Jersey without New Jersey’s permission.

Laws at all levels of governance being what they are — prolific, contradictory, and potentially ruinous — let’s agree that Allen should have double-checked her assumption that her constitutional right to bear arms would not dissolve en route to the Garden State. Let’s also agree that crossing a border between two states of our union hardly stacks up to bank robbery or murder.

This kind of lapse of due diligence should not be used to destroy a life.

In late September, bowing to public pressure, McClain reversed himself. Shaneen Allen must enter a so-called pre-trial intervention (PTI) program, but no longer faces prison. The Daily Caller called the prosecutor’s welcome caving to public pressure a “stunning outbreak of sanity.”

I call it Common Sense. I’m Paul Jacob.

5 replies on “Common Sense Reprieve”

No state law should take precedence over the constitution. The judge was wrong the second time as well and should have been impeached and disbarred for infringing on the 2nd amendment. The at all.

The right to bear arms isn’t contingent on notification of and/or permission from the state or federal government.
That would be infringement.
But then, so is a “pre-trial intervention”.

I agree with the other commentators. This should be a Federal issue. I respectfully suggest the “plea bargain” should be worded so as not to moot the Federal civil rights claim. This is a good test case to determine what legal sophistry can be invented by the Federal Courts to allow New Jersey law to trump and infringe upon the Federal Constitutional right to bare arms.

Leave a Reply to Howie M Cancel reply

Your email address will not be published. Required fields are marked *