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
Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

Friday, October 23, 2026

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

The U.S. Court of Appeals for the Fifth Circuit has ruled that the federal Switchblade Act’s restrictions on the interstate commerce of switchblade knives violate the Second Amendment.

New York:  Gov. Hochul Signs More Gun Control This Week

Thursday, October 22, 2026

New York: Gov. Hochul Signs More Gun Control This Week

Gov. Kathy Hochul remains the scariest thing in Albany for law-abiding gun owners.  On Wednesday, October 21 the anti-gun governor of the Empire State signed a pair of gun bills into law.  We've knocked on ...

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

News  

Monday, October 26, 2026

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

Some arguments succeed by being true. Some attempt to succeed by confusing the debate and substituting misdirection for clarity. And some attempt to succeed merely by dogged persistence, refusing to die or go away, no ...

Different Election, Same Billionaire, Same Gun Control Agenda

News  

Monday, October 26, 2026

Different Election, Same Billionaire, Same Gun Control Agenda

Another election, same former New York City mayor Michael Bloomberg working to shape the nation’s gun laws. For years, NRA has exposed Bloomberg’s relentless efforts to export New York style gun restrictions to the rest ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

News  

Monday, October 26, 2026

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

It’s well established that certain offenders remain disproportionately responsible for violent crime. A 2001 report on such “chronic offenders” in Minnesota concluded that over a four-year period, just five percent of offenders were responsible for ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

News  

Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

Friday, October 23, 2026

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

The National Rifle Association of America, along with the America First Policy Institute and Knox Williams, founder of the American Suppressor Association, filed an amicus brief urging the U.S. Court of Appeals for the Ninth ...

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

Wednesday, October 21, 2026

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

The National Rifle Association and Second Amendment Foundation filed an amicus brief in United States v. Cordova, a case before the en banc Fifth Circuit Court of Appeals involving a challenge to the federal lifetime ...

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.