Explore The NRA Universe Of Websites

APPEARS IN News

Shaneen Allen to Avoid Prison as New Jersey AG Revises Sentencing Guidance for Gun Law Violations

Friday, September 26, 2014

In a stunning outbreak of sanity in the Garden State, Atlantic County Prosecutor Jim McClain has reversed his earlier decision to seek prison time for Shaneen Allen, a single mother from Philadelphia who was facing felony prosecution for misunderstanding concealed carry reciprocity rules.  The decision came after John Hoffman, acting New Jersey Attorney General, issued statewide guidance to county prosecutors clarifying the application of New Jersey’s mandatory sentencing scheme to certain minor firearm violations.  These developments mean that not only will Ms. Allen and her children be spared the ordeal of her facing a felony conviction and lengthy prison term but that other travelers who unwittingly violate New Jersey’s harsh laws gun laws may also avoid a similar nightmare.

Shaneen Allen’s case shocked the conscience of a broad range of Americans, particularly given the disparate treatment McClain’s office recently provided to professional football player Ray Rice.  Rice was caught on video knocking  unconscious his then- fiancée with a punch, but McClain still approved him for New Jersey’s Pretrial Intervention Program (PTI), which allows first time offenders to avoid criminal conviction after a period of supervised rehabilitative efforts.  Meanwhile, McClain had initially refused to show Allen the same leniency, instead offering her a plea that would have required her to complete at least 3 ½ years of a possible 10-year prison sentence without chance of parole.  Even certain media figures not known as stalwart Second Amendment supporters -- including CNN’s Anderson Cooper -- recoiled at the injustice.

McClain has now reversed his decision on Ms. Allen’s participation in PTI, stating, “In applying the factors set out in the [attorney general’s] clarification, I determined that the defendant in this case should be offered the opportunity to be admitted into the Atlantic County PTI Program."

Indeed, the “mitigating” factors the attorney general’s memorandum counsels prosecutors to consider closely parallel the circumstances of Ms. Allen’s case.  First, she lawfully owned the firearm and would have been lawfully able to carry it in her state of residence.  Once in New Jersey, the firearm apparently never left her vehicle.  She was otherwise law-abiding, and police only discovered the gun because of a routine traffic stop.  Ms. Allen volunteered the presence of the firearm even before being asked about it, and police immediately took it into custody.  Finally, Ms. Allen was honestly unaware that her Pennsylvania concealed carry permit did not apply in New Jersey.  Given the number of out-of-state tourists who come to New Jersey for its beaches, amusement parks, and casinos -- and given that most other American states recognize and respect the Second Amendment -- violations of this sort are to be expected.  As the attorney general recognized in his memorandum:  “[I]n most of these cases, imprisonment is neither necessary nor appropriate to serve the interests of justice and protect public safety.”

While we certainly welcome these developments, the enduring lessons of Shaneen Allen’s case (and the anguish and upheaval it has already caused her and her family) should not be forgotten.  Even under the new guidance -- which is merely advice on the law, not binding law itself -- the simple act of carrying a firearm for purposes of self-defense is still presumptively criminal and still presumptively leads to mandatory imprisonment.  Those lucky enough to be shown leniency in the disposition of their cases also still face arrest and search, an interruption of their journeys and normal lives, potentially lengthy periods of detention, the forfeiture of their lawfully-possessed firearms, fines, legal fees, stigma, and stress.  Ms. Allen herself lost her employment and her residence and will face a lengthy period of rebuilding her life.  And all this for an activity -- carrying a firearm in case of confrontation.

True legal reform is still needed, including enactment of “Shaneen’s Law” in New Jersey and the Right-to-Carry Reciprocity Act of 2013 now pending in Congress.  In the meantime, Ms. Allen joins such pivotal and largely unsung civil rights heroes as Otis McDonald and Mary Shepard, whose personal struggles achieved greater recognition of the Second Amendment for their fellow citizens.  As Ms. Allen’s attorney Evan Nappen noted, these victories were not achieved in isolation but with the aid of untold numbers of Second Amendment supporters who ensured that these struggles did not go unnoticed.  “Every NRA member should be proud,” Nappen said.

TRENDING NOW
California: Senate Judiciary Hearing Bill to Use Gun Owners as Political Pawns

Tuesday, April 5, 2022

California: Senate Judiciary Hearing Bill to Use Gun Owners as Political Pawns

Today, at 1:30PM, the Senate Judiciary Committee will hear Senate Bill 1327. Introduced by Senator Robert Hertzberg (D-18), it creates a private right of action that allows individuals to file civil suits against anyone who manufactures, distributes, transports, ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

News  

Tuesday, February 17, 2026

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

Today, the Department of Veterans Affairs (VA) announced that the VA will no longer report veterans to the FBI’s National Instant Criminal Background Check System (NICS) solely because they have been assigned a fiduciary to assist them ...

New Mexico: Anti-Gun Bills Heard in Committee

Tuesday, February 17, 2026

New Mexico: Anti-Gun Bills Heard in Committee

Today, Senate Bill 17, the omnibus gun control bill, was heard in the House Judiciary Committee and Senate Bill 261, expanding gun free zones around ballot drop boxes and polling places, was heard in the House Government ...

New Mexico: Sweeping Gun Control Bill to Be Heard Tomorrow!

Monday, February 16, 2026

New Mexico: Sweeping Gun Control Bill to Be Heard Tomorrow!

Tomorrow, the New Mexico House Judiciary Committee will hear the omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability of local firearm retailers. With ...

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

News  

Tuesday, February 17, 2026

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

Not too long ago, Illinois Governor JB Pritzker dismissed President Donald Trump’s assessment of over-the-top violent crime in Chicago as being rooted in “lies,” saying that “civilian law enforcement is how you fight crime,” and “[w]e’ve got ...

Virginia Legislature Moves Semi-Auto and Magazine Ban as RAND Notes Lack of Evidence in Deterring Violent Crime

News  

Tuesday, February 17, 2026

Virginia Legislature Moves Semi-Auto and Magazine Ban as RAND Notes Lack of Evidence in Deterring Violent Crime

The Democrat-controlled Virginia General Assembly continues to move forward with unconstitutional legislation banning commonly-owned semi-automatic firearms and standard capacity magazines. 

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Tuesday, February 17, 2026

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Yesterday, the House Judiciary Committee held a work session to “fix” the extremely flawed gun control Ballot Measure 114, where it was advanced out of the committee. 

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.