Laws Designed to Create Criminals
Tell the truth, go to jail. That’s the new mantra for the state of New Jersey
A driver carrying a legally registered and permitted gun crosses a border and is stopped by authorities. The driver, who is not trying to hide anything, volunteers that a gun is in the car. The driver was not aware that in the jurisdiction where the driver was stopped, possessing such a weapon is illegal, permit or no. Tough luck for the driver, who is arrested, carted off to jail, charged with violating gun laws and could spend up to 10 years in prison. Note…this was not in some third world country.
By de Andréa
September 25, 2014
I’m not talking about Andrew Tahmooressi, the 25-year-old Marine reservist who crossed into Mexico from San Ysidro last spring with three loaded guns in his truck and has been sitting in a Mexican prison ever since.
Oh no, this is New Jersey!
I’m talking about Shaneen Allen, a 27-year-old South Philadelphia mother of two who was arrested last October as she drove - just across the river from her home to Atlantic City, where she planned to celebrate her younger son’s third birthday.
Around 1 a.m., just outside of Atlantic City, she changed lanes without signaling and was pulled over by a New Jersey state trooper. As she reached into the back seat for her purse, she explained, as it is the law in Pennsylvania, to the trooper that she was carrying a concealed weapon, for which she had a legal carry permit.
But her valid Pennsylvania concealed carry permit meant nothing in New Jersey, which is apparently not part of the United States of America and has stringent gun laws against such God given constitutional rights. She was arrested, and spent 46 days in jail. Things would soon get worse, a lot worse for her. She could face up to 10 years in a New Jersey State Penitentiary.
What you gonna do when da come fo you???
Before I go any further into this story, I want to make one thing perfectly clear. Whether or not you agree that citizens with guns should be legal in our society or not, it is still the right of Americans to keep and bear arms. Not the privilege, but the legal constitutional right to have and to carry any kind of firearm anywhere in the country. Only three states in the U.S. Vermont, Arizona and Alaska, recognize this U.S. Constitutional law written and signed into law by the Framers in 1789. I will say this to you as I have said to everyone who is against citizens with guns... Amend the Constitution or shut up. As you read this story remember that it is the State of New Jersey that is in violation of the law…not Shaneen Allen. She was not arrested for violating the law, she was arrested for being honest and obeying the laws of her’ state.
To those who believe that Tahmooressi is facing a particularly Mexican version of justice, and who have used the occasion of his legal woes to slam Mexico for having the gall to prosecute him over an innocent mistake, think again. These sorts of legal tangles in the land of the free, seem to be American as apple pie. And you thought you had rights just because you were an American citizen living in America. Think again my friend!
Shaneen Allen’s attorney, Evan Nappen, blames what he calls “a crazy patchwork quilt” of laws that govern “concealed weapon reciprocity” from state to state. For instance, New Jersey and California are among nine states that unconstitutionally flatly refuse to recognize any’ out-of-state permits for concealed weapons. Again the necessity of a permit to carry a gun is not constitutionally legal in any state as Vermont Arizona an Alaska recognize. One does not need a permit to exercise a right, any right! 47 states are in violation of Federal Constitutional Law.
Some gun advocates are using this case to agitate for a new federal law, proposed by Republican Sen. John Cornyn of Texas that would allow anyone who is permitted to carry a concealed handgun in one state to be able to carry it in another, sort of like a driver’s license. But other gun proponents like me, who object to the very concept of licensing, believe the federal government has no place in the debate. We shouldn’t need a law to get the courts to obey an already existing law! Because then we will need another law to get them to obey the previous laws and so on…
Allen ended up spending 46 days in jail after missing a New Jersey court date that she was not advised of. “I’ve never been in jail before,” she said. “It was the worst time of my life.”
Her lawyer applied for New Jersey’s “pre-trial intervention” program, which offers first-time offenders an alternative to incarceration in the form of monitoring, community service, restitution, and participation in treatment programs. The goal, according to the New Jersey Judiciary’s website, is “to render early rehabilitative services, when such services can reasonably be expected to deter future criminal behavior.” If the program is successfully completely, the crime is erased from a person’s record.
Don Van Natta Jr. and John Barr of ESPN’s “Outside the Lines” reported last week that Football player Ray Rice's acceptance into the PTI program was highly unusual. They found that defendants in less than 1% of all New Jersey domestic violence cases resolved between 2010 and 2013 were allowed to participate in PTI, which is supposed to be applied to victimless crimes and crimes that do not involve violence. The privilege of Celebrity I guess.
Allen’s request for PTI, of course, was denied, because she was a healthcare worker not a football player.
“Not only was she denied PTI,” said her attorney, “but the ‘best deal’ offered by the state is five years in state prison, with a three-and-a-half year minimum mandatory sentence with no chance of parole.”
“This is not really about gun control,” said Nappen, “because both, let’s just say ‘sides’ are supportive: The Kelly Files [Fox News] and Anderson Cooper [CNN]. The National Review and the Washington Post. The Huffington Post and World Net Daily. This is an injustice created by New Jersey’s laws and a failure, currently, of the prosecutor to use his discretion.”
The NRA has taken up the case like white on rice, posting a video rant on its website by Colion Noir, a gun proponent who in typically overheated NRA fashion sarcastically thanks “all anti-gunners around the world for perpetuating the very cycle that contributes to the violence in this country, all the while providing an example to young men that it’s OK to beat women as long as you can throw a football.”
Already, the fallout has been… well…catastrophic doesn’t even explain it…for Allen. While she was in jail, she lost all her healthcare jobs (she worked as a phlebotomist, a medical assistant and a nurse’s aide). Her cars were repossessed, her cable, gas, electricity and water have been shut off, and she is being evicted from her home of 12 years. And if that is not enough, her children have been taken away and placed in foster care. Well one good thing…there is little more that the third world state of New Jersey can do to this poor American lady except maybe exile her to Northern Syria where she could meet a fate worse than death.
“I still can’t believe I am going through this. I am numb. And she is furious about Rice's treatment. "Because you are a football player, you get special treatment. It's not fair for Janay and it's not fair for me."
THE BOTTOM LINE: Hard to know what lessons we should draw from these strangely related cases. It does seem to me though that the law has come down rather harshly on one unfortunate mother who innocently erred by taking a gun across the border to a third world anti-constitutional, anti-American State. While the rich and famous guy who actually inflicted serious injury avoids any jail time at all, in the same anti-American State. But it is Pro-football! Well now…that makes all the difference in the world!
Oh well…on second thought it seems fair to me. Anyway you should get used to it because soon we will all lose what few rights we have so far managed to hang onto. Especially you anti-American Second Amendment haters, did you know that passing laws against the Second Amendment you are contributing to the ablution of freedom? Oh yeah! You see my ignorant friend, it is what the Second Amendment was for. Oh, you thought it was for hunting. Did you know that the word hunting is not even in the entire Constitution? You have been brainwashed and lied to by the alphabet soup news. The Second Amendment says “…being necessary for the security of a free State…” So you see, no guns…no freedom! Hope you America hating anti-gun fools are happy now because you voted for tyranny, and you sure got it my friend.
What about the Equal justice under the law that is engraved on the front of the Supreme Court?
Oh! I forgot there is no supreme court in America anymore, especially under your Muslim president Obama’s regime who wants to replace ‘American Constitutional law’ with ‘Islamic Sharia Law’ and then of course there is the puppet Attorney General Eric Holder of the Cover-up Department of Injustice.
Where is Judge Judy when you need her anyway???
Thanks for listening – de Andréa
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