Posted on 08/11/2014 6:50:06 AM PDT by LucianOfSamasota
On Tuesday, Superior Court Judge Michael Donio declined to dismiss a case for unlawful possession of a firearm against Philadelphia resident Shaneen Allen. Allen was arrested during a traffic stop last October after she volunteered to the officer that she had a firearm in her car. She mistakenly believed her Pennsylvania license to carry firearms was valid in New Jersey. This was hardly an unreasonable assumption, considering that Pennsylvania concealed carry licensees can lawfully carry in over 30 other states.
Nevertheless, Judge Donio sided with prosecutors in deciding that Allen was not covered by a 180-day gun amnesty period for the surrender of firearms in New Jersey that happened to be occurring at the time of her arrest. The judge also refused to overrule the Atlantic County Prosecutors decision to deny Allen a pre-trial intervention program that could have helped her avoid a criminal conviction.
New Jersey offers first-time offenders the opportunity to avoid criminal adjudications through the Pretrial Intervention Program (PTI). The stated purpose of PTI is to render early rehabilitative services, when such services can reasonably be expected to deter future criminal behavior. Allen is a 27-year-old mother of two with no criminal record who was employed as a healthcare worker at the time of her arrest. She obtained her concealed carry permit after she herself was twice the victim of robbery. The Atlantic County prosecutor has not alleged Allen possessed the firearm for criminal purposes or with evil intent. Indeed, the Atlantic County PTI Director agreed to accept Allen into the PTI program.
(Excerpt) Read more at nraila.org ...
If the full faith and credit clause can be used to force one state to accept the marriage of a gay couple from another state, I see no reason why it wouldn’t also cover firearm possession.
I used to go to Parsippany a lot for business, but as far as I am concerned, New Jersey is a state best avoided.
If the full faith and credit clause can be used to force one state to accept the marriage of a gay couple from another state, I see no reason why it wouldnt also cover firearm possession.
Meanwhile, members of a certain gang have vowed to kill NJ police officers. It’s tough for me to pick sides in that dispute, given how they treat gun owners.
The State will go to extraordinary lengths to protect its voters from the law-abiding citizens who have guns...... just like Mexico and The 2014 Vacationer of the Year.
The Current FReepathon Pays For The Current Quarter's Expenses?
Full faith and credit is only applied by the liberals when it pushes a liberal cause. Since homosexual marriage is a liberal cause, they push the full faith and credit clause to impose homosexual marriage everywhere.
Since the liberals do not believe in the right to carry a concealed weapon, they do not want to see full faith and credit applied in a situation such as this one.
It would be so much easier if people realized that “shall not be infringed” means EXACTLY what it says.
I looked up the judge to see who appointed him; surely he has to be a RAT appointee. Imagine my surprise when the sites I found said...NOTHING about the appointment.
Maybe I looked in the wrong places.
This guy is either a liberal idiot or a conservative that thinks this case has “legs” and will result in nationwide reciprocity.
Thanks for posting this, Lucian.
self-ping for later read
The judge is not a conservative if he is using a person as a 'tool' to advance an agenda. I opt for your first choice.
5.56mm
Governor Christie should pardon the gal pronto. This is why I won’t go east of the Kansas border.
This is what they do. Arrest normal, non-violent law-abiding citizens and proclaim that they are fighting crime.
Meanwhile, they deliberately and intentionally leave guns in the hands of violent criminals.
They are aware of what they are doing.
The laws are confusing for a reason: to trap innocent, law-abiding non-violent people in the law and brand them unjustly as criminals.
There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. - Ayn Rand
We shouldn't be looking to Governor Christie to right this wrong, but to the Supreme Court of the United States, to whom this defendant should make an emergency appeal for dismissal; one which should be granted immediately with a brief statement quoting the Second Amendment.
The Second Amendment to the United States Constitution, as clarified by this Court's decisions in Miller and McDonald, protects the individual right to keep and bear arms for self-defense. Whereas the defendant is neither a felon nor has she been adjudicated as mentally defective, and whereas this Court cannot justify treating the entire state of New Jersey as a "sensitive place", therefor the charges against the defendant shall be dismissed. It is so ordered."
See, ... it's really not all that complicated.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.