Off To The 2014 Gun Rights Policy Conference

I leave in a couple of hours for my flight to Chicago to attend the Gun Rights Policy Conference. It has been a momentous week leading up to the conference.

First, Atlantic County Prosecutor Jim McClain said he would be recommending pre-trial intervention for Shaneen Allen. This comes after the Attorney General John J. Hoffman “clarified” his directive to prosecutors regarding the prosecution of legally licensed visitors to the State of NJ who ran afoul of their onerous laws. And it formally happened yesterday as Ms. Allen stood before NJ Superior Court Judge Michael Donio “who formally put on record that she had been entered into PTI, and that all motions have been withdrawn and all pending court dates — including an Oct. 20 trial — suspended.”

As for Ms. Allen herself, she had this to say:

“I have no words for how I feel,” Shaneen Allen said outside the courtroom. “I won’t be going to jail and can stay home with my kids and get back to my life.”

That includes finding work after losing her three jobs as a result of a felony charge hanging over her head.

Now, she wants to head to nursing school — a plan detoured after she was arrested and jailed for 46 days after she was stopped on the Atlantic City Expressway with her gun.

Frankly, I don’t think this would have been the outcome if she hadn’t been such a sympathetic figure AND if Ray Rice hadn’t gotten a slap on the wrist after brutally knocking out his wife-to-be. It also goes to show that politicians can find ways to act correctly if the heat is high enough.

Second, Alan Gura chalks up another win for the Second Amendment with a case from Pennsylvania.  Binderup v. Holder involved a guy who lost his Second Amendment rights for sleeping with the wrong woman. Dan Binderup had pled guilty to a the misdemeanor crime of “corruption of a minor” which could have carried a five-year sentence. He got a fine and probation. However, under Federal law, you lose your Second Amendment rights if the crime could carry a penalty of more than a year. Dave Hardy give a good explanation of that here. It is a shame that Jefferson Schrader didn’t live long enough to see this decision.

Finally, Eric Holder resigned as Attorney General of the United States. I was so busy with work yesterday I didn’t know about this until the Complementary Spouse came home and told me. As the editorial headline from Investor’s Business Daily said, “Holder’s Exit Not Fast Or Furious Enough”.

In a just world, Eric Holder would be headed to prison. As it is, he’ll become just another Obama Administration alumnus getting his multi-million dollar payday from some business or law firm that wants an “in” with Obama.

More will be written about Holder’s departure in the coming days but right now it is my own departure for Chicago that is more pressing.

UPDATE: After having my first flight cancelled at 8:45 this morning, going to the airport (5 minute drive) and waiting a half hour for a United ticket agent, getting rebooked out of Greenville-Spartanburg, driving to GSP, waiting 3 hours, and then having my second flight cancelled at 4:00 pm, attending this year’s Gun Rights Policy Conference will be nothing more than a fond dream. It sucks but it also is a good lesson in the fragility of technology. Who would have thought one suicidal man could have wreaked so much havoc?

Potential Good News In The Shaneen Allen Case

The NRA News is reporting on Facebook that Atlantic County Prosecutor Jim McClain has requested a delay in Shaneen Allen’s case while he reviews the appropriate resolution of the case.

BREAKING NEWS: The prosecutor in the Shaneen Allen case has requested her upcoming trial be delayed while he reviews the appropriate resolution of her case. Shaneen is the Philadelphia mother of two who became an unwitting victim of New Jersey’s gun laws. Stay tuned for the exclusive interview with Ginny Simone and Shaneen’s attorney Evan Nappen coming soon.

The interview by Ginny Simone and Cam Edwards with Shaneen Allen and her attorney Evan Nappen is below.

Hopefully, this will turn out well for Ms. Allen. She deserves something good to happen after all that she has lost due to the prosecutor’s intransigence and New Jersey’s utterly ridiculous laws.

A Question For NJ Prosecutor Jim McClain

Atlantic County, NJ Prosecutor Jim McClain broke his silence on the Ray Rice assault case Wednesday. According to the Press of Atlantic City, McClain said:

“Even if they disagree with why I did what I did, I just want people to know the decision was made after careful consideration of the law, careful consideration of the facts, hearing the voice of the victim and considering all the parameters,” he said. “I want people to have confidence in this agency, even if they don’t agree with everything we do.”

Rice was charged with third-degree aggravated assault causing serious bodily injury. Third-degree charges — especially for someone like Rice with no criminal record — carry a presumption of no incarceration.

To result in a second-degree aggravated assault charge, a crime has to involve “serious,” or permanent, bodily injury. There is no first-degree charge of aggravated assault.

“People need to understand, the choice was not PTI versus five years’ state prison,” McClain said. “The choice was not PTI versus the No Early Release Act on a 10-year sentence. The parameters as they existed were: Is this a PTI case or a probation case?

 Confidence in this agency? Is Mr. McClain making a joke?

Let me see if I have this straight. An NFL player with a multi-million dollar contract punches his wife-to-be in the head so severely that she is knocked unconscious. Reading some of the boxing literature on knockouts, the force of the punch causes the brain “to smash against the inside of the skull, near the base of the skull” from inertia. Being knocked out may also involve a concussion and other brain injuries. 


The Association of Boxing Commissions consider this such a severe injury that boxers are given a minimum 60-day medical suspension from all boxing activity when KO’ed. Remember these are trained athletes who are engaging in a sport that involves hits to the head and body and not a young mother.


So my question for Atlantic County Prosecutor Jim McClain is this:  please explain how Shaneen Allen, a young mother with an unblemished criminal record and certainly no record of violence, who made an honest mistake due to a misunderstanding of the law and which hurt no one, is more of a menace to society than a  coddled star athlete with anger management issues who inflicted serious bodily injury on a woman.  The latter was given pre-trial intervention while the former is facing up to 10 years in prison even though she, as well, could have been given pre-trial intervention save for your intransigence.


To paraphrase Shakespeare, something is rotten in the state of New Jersey.


And lest readers think that Gov. Chris Christie is blameless in this whole affair, it was Christie himself who appointed McClain to be the County Prosecutor two years ago. Christie was criticized at the time over the quality of some of his prosecutorial nominations including McClain. We can see the basis for that criticism now all too well.

“There Is No Justice For Gun Owners In New Jersey”

The headline, “there is no justice for gun owners in New Jersey”, is a statement by Brian Aitken on the treatment that he and Shaneen Allen have received from that state’s justice system. He is featured in a new NRA News Report by Ginny Simone entitled “Accidental Criminals: Brian Aitken is Living the Nightmare”.

As both Aitken and Allen point out, if Ms. Allen had lied to the officer when stopped for the traffic violation in Atlantic County, New Jersey, she wouldn’t be facing up to 10 or more years in prison for being an “accidental criminal”. The judge in her case told her that telling the truth didn’t matter in this case; it got her in trouble. Isn’t incentivizing lying a perversion of any justice system?

Moreover, as Aitken points out, the gun laws of New Jersey are not meant to deter criminals but rather to deter honest citizens from actually owning firearms. Both judges and prosecutors want to use these “accidental criminals” as poster children for their goal of a disarmed public.

Every potential juror in Atlantic County should see this video along with Simone’s earlier one on Shaneen Allen. If they understood the ramifications, they might just vote “not guilty” in the jury room. Her case is a strong argument for jury nullification.

Help Stop New Jersey’s War On Women

When a prosecutor seeks a minimum five year sentence on an otherwise law-abiding mother who makes an innocent mistake yet allows a NFL star who brutally knocked his then fiance’ unconscious off with deferred prosecution, that is a war on women.

And it disgusts me and many others.

I spoke with Frank Fiamingo of the New Jersey Second Amendment Society yesterday and he is equally disgusted. He, however, has a plan to start bringing pressure to bear on the politicians who are responsible. As Frank said last night, Gov. Chris Christie (R-NJ) is responsible for what happens to Shaneen Allen and he needs to hear from you. Given his presidential aspirations, it doesn’t matter a bit if you don’t live in the Garden State.

Details of the NJ2AS plan is below along with contact information for the politicians involved.

The New Jersey Second Amendment Society (NJ2AS) is launching a Nationwide effort to save Ms. Allen from a minimum 5-year prison sentence – NOT for committing a crime with a gun, but merely for crossing the border from Pennsylvania into New Jersey with her legally owned gun. She mistakenly thought her PA carry permit was valid in NJ (as it SHOULD be). She made a mistake. She didn’t commit a “gun crime”.


We are contacting Americans all across the country, as well as Second Amendment and Liberty oriented groups and asking them to contact the following individuals to express their objection to her mistreatment:


James P. McLain
Atlantic County Prosecutor’s Office
4997 Unami Boulevard
Mays Landing, New Jersey 08330
(609) 909-7800
www.acpo.org


Governor Christopher Christie
Office of the Governor
PO Box 001
Trenton, NJ 08625
609-292-6000
www://www.state.nj.us/governor/contact


New Jersey Attorney General
John Hoffman
Richard J. Hughes Justice Complex
25 Market Street
P.O. Box 080
Trenton, NJ 08625
(609) 292-8740
www.state.nj.us/lps/


You may also send email to:
citizens.services@lps.state.nj.us


This is extremely URGENT! This young mother is being railroaded into prison by an ambitious prosecutor without a conscience.


Here is your chance to help a young mother and save her family from a grave injustice. PLEASE HELP!


For more information:
http://www.foxnews.com/us/2014/08/05/judge-denies-motion-to-dismiss-case-against-philly-mom-arrested-for-legal-gun/

Please make the calls and emails. One reminder – be polite.