Judge denies motion to dismiss case against Philly mom arrested for legal gun in NJ

"Why is there no outrage?"

Because it's not plastered all over the local news repeatedly. It's in the newspaper, but who reads that anymore (except me)? Yeah, it's shown on on-line versions, but....where's Al Sharpton when you need him?
 
thank you Aquila

I thought it was NY but my point was there are ways around this when it serves their purpose regardless of location.

There isn't an emoticon on the right that shows my anger for this and I am in another state.
I am probably dreaming but I hope she gets a good attorney and it eventually gets national attention.
 
She absolutely did not know she was was doing.
If she was educated enough to know she was carrying illegally, then she never would have confessed she had a gun to the officer. She followed what she learned in class and that got her caught.

What class would that be? PA law does not require you to disclose to an officer that you are carrying.

People breaking the law do and say stupid things all the time, educated or not. So do scared people or people who have not had enough rest and get pulled over for driving erratically.
 
Is there a difference between what she did and what Dwayne Ferguson did?

She illegally brought a firearm into NJ, Dwayne Ferguson illegally brought a firearm into a school. Both claimed they did not know the law.

I see no difference, yet many of you that are pleading her case and think the charges against her should be dropped are the same people that thought Dwayne Ferguson should have been punished to the full extent of the law.:confused:
 
Since I am being cross examined....

You are correct sir or madam. I don't know that the instructor taught her to her tell a police officer she was carrying any more than you know that she had a good instructor.

I did watch the video and she said that she did as instructed and willingly told him about the gun and permit. My point was that if she was trying to sneak it into NJ, she wouldn't have told on herself.

So to try and be more accurate, I will rephrase my earlier statement to satisfy the critics. :D

She did wrong.
She got caught.
The law is awful.
And getting past the unknown details, it is still really cheap shot by the DA to put this woman in jail to escalate his agenda/career.
 
DNS said:
What class would that be? PA law does not require you to disclose to an officer that you are carrying.
Nonetheless, some instructors tell their students that it's always "better" to disclose. In fact, Mas Ayoob "stars" as the cop in a video with Tom Gresham showing how to conduct yourself in a traffic stop, and the video teaches us to disclose.

https://www.youtube.com/watch?v=bVReVYMLH7E

PA doesn't require training, but the woman had taken some training -- which is something pretty much all of us advocate. We don't know what her instructor(s) taught regarding duty to disclose or advisability of disclosing, but it's certainly very possible that she was taught to do so.

There are some odd and even unlawful notions out there, even among people who should know better. Just as one example, a couple of years ago I sat through a class taught by a police sergeant from a nearby local department. This man had over 20 years experience and had been with the same department for 19 years. He was also the officer in charge of the final on-the-job training for new recruits coming out of the academy.

He stated flat out that open carry is illegal in our state. Of course, it isn't, so -- being the curmudgeon that I am, I raised my hand a told him that he was wrong. He didn't scream at me, but he was visibly "unhappy" at being challenged and he did some fancy verbal footwork to try to acknowledge that, although I was right, he was also right. What it boiled down to is that he teaches his officers to arrest open carriers on that old standby charge, "creating a public disturbance."

Maybe the class she took was taught by a cop or an ex-cop. They always want us to tell them up front, even in places where it isn't required. It makes their job easier and safer -- for them.

We don't know. Her story is not implausible.
 
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Aguila Blanca said:
PA doesn't require training, but the woman had taken some training -- which is something pretty much all of us advocate. We don't know what her instructor(s) taught regarding duty to disclose or advisability of disclosing, but it's certainly very possible that she was taught to do so.

I can't find any reference to her taking any "Training".

What is meant by training, firearms safety and shooting techniques ? This type of "trainer" may not have any type of Education class teaching the permit holder the Firearms Laws of PA and surrounding States. A firearms instructor is different then a Permit to Carry Instructor.
 
PA doesn't require training, but the woman had taken some training...
You are correct that PA does not require permit applicants to take a class. Where did you find information indicating that she had taken training?
 
Ferguson vs Allen

Quoting steve4102
"Is there a difference between what she did and what Dwayne Ferguson did?

She illegally brought a firearm into NJ, Dwayne Ferguson illegally brought a firearm into a school. Both claimed they did not know the law.

I see no difference, yet many of you that are pleading her case and think the charges against her should be dropped are the same people that thought Dwayne Ferguson should have been punished to the full extent of the law."

Respectfully there is quite a difference.

http://www.buffalonews.com/city-reg...tivist-who-had-gun-in-buffalo-school-20140327

It does not look like the charges are being dropped for Mrs. Allen.

and this

http://dailycaller.com/2014/02/10/g...ot-he-was-carrying-gun-while-visiting-school/

I have a real problem believing two things, 1) He FORGOT? 2)As an anti gun activist he must have been at least knowledgeable enough to know that carrying into a school was illegal.

Other members have posted on the topic of discretion on the part of the prosecutor. Discretion could easily have started with the original arresting officer.
 
oldbadger said:
I have a real problem believing two things, 1) He FORGOT? 2)As an anti gun activist he must have been at least knowledgeable enough to know that carrying into a school was illegal.
He wasn't just an anti-gun activist, he was an active proponent of the very law under which he was arrested. If he wasn't lying about not knowing the law, then he had no business having promoted the law.

He must have attended the Nancy Pelosi school of public administration: "We'll just have to pass it to see what it says."
 
divided we fail

The statement that we want some to go to jail and others to be forgiven isn't true nor is it the point.

The point is that gun laws are bad, penalize good people and these are both examples show they negatively affected other wise law abiding citizens. (some just more than others)

In this woman's case, there were 4 options:
-officer could have let her go with a warning and good information
-they could have let her go as amnesty was still in effect
-they could have put her in PTI, pre-trial intervention
-send her to trial and minimum 3 years time with no reduction

This same group just let a football player enter PTI after beating his girlfriend unconscience in an elevator. He will not have a record if he completes the conditions.

They are sending a clear message.

If you have a gun or even hollow points without a gun, you are worse in the eyes of NJ law than a man who beats a woman senseless. :confused:

My take away is to stay away.:D
 
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The girl's attorney is Evan Nappen. He's well known in South Jersey as the go-to lawyer for gun issues, and I'm sure he's had cases with the Atlantic County prosecutor in the past. So, to the lawyers here reading this, do you think the steadfast-ness of the prosecutor here is a slap to Evan Nappen from past cases?
 
2ndsojourn said:
The girl's attorney is Evan Nappen. He's well known in South Jersey as the go-to lawyer for gun issues, and I'm sure he's had cases with the Atlantic County prosecutor in the past. So, to the lawyers here reading this, do you think the steadfast-ness of the prosecutor here is a slap to Evan Nappen from past cases?
I would not assume so, at least without some strong, direct evidence that there's something personal at work. There seems to be a consistent policy in New Jersey to vigorously enforce the gun laws.
 
"do you think the steadfast-ness of the prosecutor here is a slap to Evan Nappen from past cases?"
Attorney's are paid by the hour, so if anything, it'd be a favor, right? I, too, am astonished they are proceeding so resolutely along a track bound to sully the names/careers of everyone involved.* Someone must really be persuading them that they have to be tough on gun crime right now...(hint, hint; who else is so fixed in his righteous hatred of guns to make himself/his look like fools pursuing them?)

TCB

*Not because what she did isn't 'illegal,' which it is, but because it's a hard sell to convince people that throwing a loving single mother of three in the slammer for years over a victimless crime was the right thing to do. Campaign attack ad gold right there.
 
The law is what the law is. I have read nothing so far that Allen is being prosecuted for any crimes she didn't commit or being prosecuted beyond the level of the law. She was arrested for an illegal gun (not legal as implied by the title of the thread) and ammo in New Jersey. Now she gets her time in court. Nothing is mandated in the law saying she should be given anything less. If it happens, that is great, but that isn't some sort of obligation of the state to do so. It is a shame that she isn't, but the state doesn't really make allowances because she is a loving mother of three.

The notion that the prosecutor is doing this to rack up hours is a bit silly given they are paid on salary. The defense, however, not being a state's attorney, is likely paid by the hour. I did get a kick out of this. He has a link on his OWN website so that you can donate to her legal defense fund.

http://www.evannappen.com/

*Not because what she did isn't 'illegal,' which it is, but because it's a hard sell to convince people that throwing a loving single mother of three in the slammer for years over a victimless crime was the right thing to do.

This law does not specify that there be a victim for prosecution.
 
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