Shaneen Allen and Unconstitutional NJ Laws

Posted: August 16, 2014 by ShortTimer in Bill of Rights, Government, Guns, Racists, Second Amendment, Tyranny, United States Constitution
Tags: ,

From my9NJ, last month:

shaneen allen pa nj

27 year-old Shaneen Allen wanted to protect her family. She took a gun safety course, applied for and was granted a concealed carry permit and she purchased a gun.

“One of my family members, he thought it was appropriate for me to get one because I’m a single mother and I have two children and I work two jobs and I work late and getting up at that time of night I got robbed twice last year and he felt the need for me to get my license to protect me and my kids,” Allen explained.

However, while Allen, from Philadelphia, was covered to carry a gun in Pennsylvania, she made the mistake of crossing into New Jersey with the weapon and now she’s facing a mandatory minimum of three-years in jail.

Allen said that she didn’t know her permit didn’t apply to New Jersey so when she was stopped for a minor traffic offense she told the police about her gun and her permit to carry. In this case, being honest may have cost her.

“The judge tried to tell me that telling the truth messed me up, my life up and the cop said the same thing. Me opening my mouth and speaking out he said I’m one out of ten people that spoke up and was honest and that got me in trouble,” she said.

She’s facing a lot of prison time for the mistaken assumption that she has rights:

After hearing about the case, most people thought there’s no way she would do time for an honest mistake. Well, yesterday she was in court and she can now face a maximum sentence of 11.5 years in prison. Ten years for possession of a weapon and another 18 months for possession of the bullets.

Hollowpoint ammunition is illegal in NJ.  Hollowpoints to NJ legislators are scary evil death bullets.  To those who understand how guns work, they’re effective at energy transfer and thus more effective at stopping threats to one’s life, and they also tend to not overpenetrate and are thus safer for anyone who might be standing behind a threat to someone’s life.

Allen’s attorney Evan Nappen discussed how a person with no prior offenses could end up spending a decade behind bars for being honest.

“New Jersey’s gun law is as unforgiving as a prosecutor or judge wants to make it. Either of those two, the judge or the prosecutor could have taken steps to relieve Shaneen from this situation, but it didn’t happen,” he said.

Nappen said that not only did the judge not dismiss the case, but the prosecutor will not allow her into a pretrial intervention to avoid jail time.

And now her life is being destroyed:

Allen is a single mother of two boys with no criminal record who was working three jobs at the time she was arrested. She said she got the gun to protect herself because she was working late nights. Now since the incident, Allen has lost her jobs, is in danger of losing her house and is struggling to support her family.

“I’m not even proven guilty and I have this hold on my criminal background right now and it’s stopping me from working. Every time they run it they’re gonna see pending or unlawful possession. I feel like I’m already made a criminal,” she said.

Her lawyer did make some good points and had no problem understanding that gun control has racist roots:

When asked for a comment on the case, Evan Nappen, Esq., stated, “New Jersey has a history of racist and sexist gun laws. Women are denied the means of self-defense against larger stronger men.”

New Jersey’s earliest gun laws banned Blacks and Indians from possessing guns. Apparently, not much has changed. End the madness. Pass the national carry reciprocity law in which gun licenses would be recognized by every state and be treated much like drivers licenses. No more innocent victims of New Jersey draconian, racist, sexist gun laws, that are out of step with the rest of America.”

original6465700x700 gun control favored by racists photo by oleg volk

Now, let’s put this NJ obscenity in context of the Constitution:

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

I must’ve missed the asterisk that adds *except in New Jersey, where the right of the people to keep and bear arms shall result in 10 years in prison for possession of arms and no less than 1 1/2 years for possession of ammunition for said arms.

Even with the Heller decision’s half-unconstitutional assertion that only arms in common use are protected (which is wrong and it’s wrongness is explained here), Shaneen Allen’s rights would still be inviolate.  The McDonald v Chicago and now Palmer v DC victories make it clear that you can’t have outright bans on possession of firearms or even carrying of firearms.  In no world does the right to bear arms mean you can’t bear arms.

otis mcdonaldOtis McDonald of McDonald v Chicago, to put a face with the name.

The NJ law is wholly unconstitutional, as it denies the natural right of self defense to people from outside the state (and inside the state, too).  If you’re a tourist in NJ, you’re either a criminal or a target.  If you’re a peaceable, peaceful citizen who’s working hard to obey laws, you’ll find yourself the target of the state and statist supporters who demand you be crucified in the name of hoplophobia.

In contrast to the perpetual media stereotype, and interestingly if you’re on the left and don’t understand that gun rights are universal human rights for everybody, in the Chasing NJ video, it’s the heavyset white guy who’s defending Shaneen Allen, while the black woman demands she be made an example of because it becomes the responsibility of the “registered” gun owner to know every law that can be used against you, even if such laws cannot coexist with the Constitution.

The Constitution is the law of the land, so that argument should be moot to begin with, but assuming the Constitution has no weight in NJ (which apparently it doesn’t), then there’s still the idea that a loyal minion of the state must know all the laws.  I don’t think the black woman demanding Shaneen Allen be crucified has ever heard of laws like the Lacey Act, the Migratory Bird Act, or Wickard v Filburn, which are laws and rulings that mean a clever law enforcement officer could arrest her for the clothes on her back and make a charge stick based solely on the content of the cloth.

The law certainly could get her if she decided to have lobster for dinner one night, so anyone advocating the position that there should be radically different state laws – especially those that somehow operate in absurd violation of the Constitution – had best start getting reading.  “Ignorance is no defense” works if you have 10 or 20 or even 100 laws, not when you have thousands of feet of laws on bookshelves.

And unlike those examples, again, there also is not a specifically enumerated right in the Constitution specifically outlining that the pre-existing natural right of the people to keep and bear arms shall not be infringed.

If NJ were to treat the Thirteenth Amendment like they do the Second Amendment… well… actually things would be about the same for Shaneen, but for the woman in the media telling Shaneen she needs to go to prison for a decade things wouldn’t be so good.  She’d suddenly be wondering how she and Shaneen are being treated so poorly and not understand that it was her own desire to undermine the Constitution.

Also, if NJ Governor Chris Christie wanted to be a serious candidate for president, Shaneen Allen would already be released.

But he’s a RINO who supports illegal aliens and more unconstitutional infringements on citizens’ rights.

Comments
  1. mcmorrowpc says:

    This unfortunate woman’s problems with the law is exactly why you never answer a question without your lawyer’s presence to a law enforcement officer. Their job is to find a way to cause a legal problem, and your job is to prevent that from happening by shuting up and not cooperating with the cops.

    • ShortTimer says:

      I’m a big fan of Professor James Duane’s lecture as well:

      But in the vast majority of the nation, there really isn’t that much concern.

      A lot of places still have some degree of Peelian adherence, and the police and public recognize they are the same, with the police just being members of the public hired full-time to enforce laws that every citizen wants enforced.

      This is the job of the police:
      http://en.wikipedia.org/wiki/Peelian_Principles

      Places where that’s not adhered to is where you have a breakdown. Sadly, we do have a lot of those places in the US, but it does depend on region and regional culture.

  2. […] of Shaneen Allen’s tribulations in […]

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