MALUM PROHIBITUM

I would hope the governor might push for a deal, like let her free with her conviction wiped away if she does nothing wrong in New Jersey for two years.

This is also a problem within states that allow localities to pass ordinances that criminalize certain aspects of weapons. Federalism has its virtues but one of the reasons that the Constitution was ratified is that each state was hassling travelers and merchants from other states. This directly affected commerce and is one of the reason for the extensive reach that Congress has in the Commerce clause. Gibbons v. Ogden is a seminal case that clearly gives Congress complete power to regulate (and override) state laws regarding travel.

Yes, we should have reciprocity. But most important is everyone remember that there are so many laws and so many jurisdictions that one should never disclose anything, ever. The fourth amendment protects people who keep their mouth shut.

Tahmooressi made the same mistake. If he just mumbled, turned around and crossed back into the US nothing would have happened to him either. But he told The Mexican border people he had guns!

My sympathies are with those people who unfortunately trusted the reasonableness of law enforcement officials.

In a normal society her arrest would be a serious assault on her personal rights. I hope the poor lady receives fair and honest justice, emphasize FAIR.

New Jersey laws are malum in se. It’s hard to fathom that the liberty our founding fathers fought for is so rapidly disappearing in the states that are where the cradle of liberty was born.

This is what can happen when good folks who carry fail to get the nescessary training to apprise themselves of the limits and responsibilities of legally carrying a concealed weapon. Sadly, I do not believe there is a requirement in PA to inform a police officer that you are carrying while being stopped for a traffic violation. Why she chose to tell the NJ officer is most likely a combination of ignorance and

Since it will be awhile till we get national reciprocity why can’t we get the word out to the class instructors for gun carry permits to have some part of the class on handgun laws and how they differ with each state, with emphasis on importance of checking the law in state you are planning to travel. This young lady tried to do right and got wronged in a bad way.

Does this mean that you cannot transport guns, in your car, through New Jersey? In traveling in the Northeast, it is hard to avoid New Jersey. Desireable, but hard.

I’m surprised that some outfit like the Thomas Moore law center hasn’t gotten involved in that womens case. She was a victim of society and should be in jail at all. New Jersey is a state that I would detour around. It doesn’t sound like a state that a freeman would want to be caught dead in.

My fingers won that race. That women should NOT be in jail at all.

National reciprocity has a snowballs chance in hell with the idiot Obummer in place. I live in the South and there is one state that does not recognize my Permit and that is S.C. and I don’t go there. I feel sorry for the Lady that now stands to be a felon and would lose her right to ever on a firearm. If I go to a store that displays a sign that says no firearms they have lost my money, and I let everyone that I know Who they are. People who want to take away my 2A rights I will have nothing to do with them.

Two words: jury nullification

This is one of the problems with Mandatory sentences. The same issue with the woman in Florida who was sentenced to 20 years for shooting a warning shot (supposedly) at her ex husband (I agree with the guilty verdict, but 20 years is way too long).

In this case, however, the law is completely wrongheaded, I don’t agree with the sentence or the law. I have read that Christie can reverse this charge completely, let’s hope he has the balls to do so.

Unfortunately there are lots of people, particularly in states like New Jersey, who believe that a firearm is “evil in and of itself.” Way too many of them are politicians.

Ron Rogers: Federal Law states that you can travel (on a continous journey) with unloaded guns locked in your trunk through any state. However, there are states like New York and New Jersey that IGNORE that law and, if you are forcefully stopped (a traffic stop for a minor infraction) during your planned continuous journey, and your guns are discovered you are in deep doo-doo and will likely spend time in jail. I would NOT take a chance travelling through those Blue NorthEast states with a gun. You can legally ship a gun(s) to yourself at your destination and back again. MUCH safer legally even if a lot more unsafe for self-defense.

There’s the true story of a poor fellow who was travelling by air (with a handgun in his checked baggage) from PA to FLA and got diverted to JFK in NY because of weather or..(?). He had to stay overnight in NY and took his checked bags with him to the hotel. In the AM he arrived at the airline check-in and, as required, declared his gun was unloaded and locked in his to-be re-checked baggage. He was promptly arrested. Advise: if you ever are in this situation unkess you know POSITIVELY that you are OK with your handgun in your possession where you are DO NOT RETRIEVE YOUR CHECKED BAGS! Leave them with the airline. The hotel will give you complimentary toiletries and you will just have to travel in the same clothes but at least you won’t do jail time.

Ahhh, New Jersey. The state where “common sense gun laws” say that a Brown Bess musket is an “assault weapon” because it has a bayonet lug.

Thanks for bringing this story to light, Mas. I can’t do anything but pray for her, but that’s something IMO.

Ron Rogers:

To transport a firearm through NJ in compliance with the law, you would have the unloaded firearm in your car’s trunk, and the ammunition in a separate, locked container, in your trunk. Obey all traffic laws and don’t volunteer information. When a cop stops you for a traffic stop, he will not ask about firearms, he will talk about the reason he pulled you over. Again, don’t volunteer information.

I think the cop and the prosecutor are CRIMINALS. They know what they are doing to this innocent woman. I would ruin their careers if I could. Here’s a perfect example of unjust laws, which should be recognized as “null and void.”

Governor Christie has sensibly vetoed two sets of anti-gun laws recently. Let’s hope he uses his common sense to bring about justice in this matter.

This woman has now been victimized three times. Twice by street criminals, and once by criminals working for the government of NJ.

Maybe a letter writing campaign to Gov. Christie?

Dear Gov. Christie, You have made it a very thinly disguised desire to run for president as a Republican. If you fail to intervene in the case of the Pennsylvania mother who was recently wrongfully made an example of by New Jersey law enforcement for innocently running afoul of your states draconian gun laws, consider that lack of intervention as your public stance on the 2nd. amendment. This inaction will also call into question your intent to faithfully uphold the rest of the constitution.

This travesty of justice reflects poorly on you and your state. We are currently suffering under an administration totally lacking common sense, I don’t believe the citizens of this once great republic will tolerate a continuance of this disregard of our rights.

Awaiting your reply and action,

Won’t see this in mainstream media.

http://dailycaller.com/2014/08/09/knockout-game-attacker-asked-man-if-he-had-a-gun-before-punching/

Being in IL myself (with 16 hours of training required for a CCL), I was surprised to find out that PA requires no training at all.

http://www.pafoa.org/law/carrying-firearms/concealed-carry

From the Pennsylvania State Police:
http://www.portal.state.pa.us/portal/server.pt/community/psp/4451/hide_-_license_to_carry_information/462424

@Steven R:

Tahmooressi wasn’t in the one traffic lane that allowed for turning around and going back to the U.S. without entering Mexican territory.

A convicted felon. For doing that which is her natural and Constitutional RIGHT to do, uninfringeable in all fifty states.

That is not acceptable, cannot be accepted. The Constitution MUST be enforced.

First, the prisons are full of people who are there because they talked when they should have remained silent. Fortunately for the rest of us, a lot of crooks are stupid. Never, EVER volunteer ANY information to a cop beyond respectful, short, preferably one word answers to direct questions. Although it didn’t land me in jail, or cost me any money, attempting to make casual, friendly conversation with a LEO has caused me problems I wouldn’t have had if I had just taken my leave ASAP after our business was finished and I was free to go (a truck inspection at a notoriously problematic facility near Fairfield, CA. Where, several years ago, a few inspectors were taken from the facility in handcuffs after their corruption was revealed).

What they told you in the first grade was a lie, the nice policeman is NOT your friend. He isn’t there to protect you from the bad guys and make sure you get home safe. Too often they view you and I, regular citizens as the enemy. Don’t believe it? Watch the news, seems like every week we hear a story where a cop shoots or assaults an unarmed citizen going about his business (Google “Seattle police shooting” to watch a dash cam video, from the cop’s car, of a Seattle city cop murdering an old man as he walks down the street. After the shooting, clearly audible in the still running video, the cop tells another officer responding to an officer involved shooting report, “I think I may have killed him.” The other officer replies, “Don’t worry, if you didn’t, we’ll finish the job.” Chilling. The police also made up lies about what the old man was carrying claiming he was armed with a folding knife with the blade exposed. Thankfully the video and numerous eye witnesses proved the cops were lying and it was folded. Take a lesson from the cop’s attempts to cover for a fellow cop. He was a wood carver and was also armed with a deadly piece of wood he intended to carve. He had earbuds from his Walkman in his ears and couldn’t hear the cop screaming at him to halt and lie face down. The cop’s solution to this was to open fire, in the back…six or seven times as clearly heard on the video). Prison isn’t a fun place for a former cop. I hope he has several years to consider this fact.

Telling a cop at a traffic stop you are from out of state and are armed with a handgun will very likely result in guns being shoved in your face and you being drug out of your vehicle, thrown face down on the pavement and handcuffed.

I have personal knowledge of one person who was shot during a truck inspection over (what proved to be) erroneous items on an MVR. It started as a discussion, devolved into an argument and the driver turned his back and walked away from the trooper. Enraged over this display of disrespect, the trooper drew his duty pistol (this single act, drawing the weapon, cost him his job. Nothing happened to him over shooting an innocent person) and, in violation of common sense, training and gun safety rules, put his finger inside the trigger guard of his duty Glock. An AD resulted and the driver lost a kidney but gained a huge settlement from the state’s insurance carrier. Do you want to risk something like this from a cop with control and anger management issues who immediately goes into full battle mode at the least provocation? Keep your mouth shut and NEVER argue with a cop even when they try to provoke you, and they sometimes will….trust me.
No matter how right you are, you will never win a roadside argument with a cop. The place to do that is in court.

A better solution would be to know the law and have your gun locked in your trunk as you pass through that state (carefully observing all traffic and speed laws) and keep your mouth shut if stopped. I heard this advice given to a truck driver by former Texas State Trooper Monte Dial (former head of the truck enforcement division in Texas) when asked if there were any legal way to carry a gun in a truck while passing through a state that did not have reciprocity with your state. I was, frankly, astonished at Trooper Dial’s advice. He advised the driver to store the weapon unloaded, magazine removed (in the case of a semi auto) with ammo stored separately, in a locked case in a compartment outside his reach while driving. I felt certain that Dial would say there was no legal way to carry and make dire threats about the consequences if caught doing so. But, then again, that was Texas. God bless Texas, as the song says.

Second, for years I was involved in the trucking industry moving large, heavy and generally oversize loads throughout the United States (and Canada). This revealed to me that this isn’t the UNITED States, but rather 50 little kingdoms and you had better be fully familiar with EVERY law in every sate you pass through. There are NO acceptable excuses, especially, “I wasn’t aware…”. Things that are perfectly legal and acceptable in one state will get you thrown in jail in the next. Assuming a common sense approach to one situation in this state will get you heavily fined in the other state. And the cops don’t care what they do over there, you are in MY state now sonny boy. The same things can be said for gun laws.

I have wished for years for commonality in interstate trucking regulations, and have realized that isn’t going to happen. I have a similar desire for laws regarding concealed carry, but given the anti gun hysteria from states like New York, California and Illinois etc, I don’t think that is going to come any time soon either.

And if you think I have a bad attitude about law enforcement? Well, let’s just say I wasn’t born with this attitude. It was provided to me by experience and observation.

Today it seems the police do whatever they want. If this cop is for gun rights, after getting the facts, why not just let her go? Please don’t say he has to enforce the law, we see way too many places where the police do nothing to real criminals, but erode freedom at the point of a gun.

Commerce Clause?

This would be a good case for Jury Nullification by a educated jury.

While what happened to Ms. Allen was unfortunate… “ignorance of the law is no excuse”, and why should she, as a nonresident, get a free pass for something that would have had a New Jersey resident in jail?

Just because someone is a nonresident doesn’t grant them immunity from local law.

Have the NJ cops ever heard of the terms “Use of Discretion ” and “The Totality of the circumstances ” in this case? It screams for it! What in the world are they thinking? Does Chris Christy think that anyone from Red State America, would nominate him, let alone elect him President, if he doesn’t use his influence to help this lady? Hopefully representatives in Congress will use this case Study “Exhibit A” to pass the National Reciprocity Bill now!

The “local law” is about concealed carry WITHOUT a license. She had a license. Unfortunately, it was from PA, not NJ. She erroneously thought she was “good to go” anywhere. Giving her a break is NOT a “free pass.”

It is not a question of giving anyone a “free pass” or “immunity from local law.” The law allows prosecutors and even police officers a certain amount of discretion. Every day, district attorneys drop or reduce charges “in the interest of justice,” and traffic cops give warnings instead of citations to minor traffic violators. There is no reason why that could not have been done in Ms. Allen’s case.

In fact, the judge and prosecutor who seem determined to railroad Ms. Allen are the same ones who allowed Baltimore Ravens running back Ray Rice to enroll in a pretrial diversion program, thus enabling him to evade a felony conviction after he punched out his girlfriend. In New Jersey, if you are a gangster, a politician, or a celebrity, you get a free pass. If you are a hard-working, tax-paying, honest citizen, you get the book thrown at you.

As Lily Tomlin said, no matter how cynical you get, it’s impossible to keep up.

TRX, Per God, and our 2nd Amendment, the right of the people to keep and bear arms “shall not be infringed”. The Supreme Court has ruled that any law contrary to the Constitution is null and void from the time it is written and “creates no duty to obey”. Last I heard, even New Jersey is subject to the Supreme Law of the Land. Problem is, many if not most of the folks who live there are too ignorant or lazy to maintain their personal liberties, and their “leaders” aren’t about to do it for them. This could be considered a clue for the rest of us…

Another black eye for LEOs, in addition to the allege shooting of an unarmed black teen and subsequent rioting and looting that happened in Missouri just this weekend.

I hate injustice, and this takes the cake.

I also hate it when somebody on a site like this says “Let me tell you what I would do…” But I will break my own rule here. This is why as a CCW Instructor, I include in the curriculumn, the handgunlaw.us website and stress using it before travel. You gotta know the laws…no matter how stupid or unconstitutional they may be. This is also another good reason why training in order to get a license should be mandatory. “Buying a handgun” doesn’t make you ready for CCW. It takes demonstrated skill and knowledge.

yea 50 states are patchwork quilt, but ALL fall under the perview of the Constitution which states

“..the right of the people to keep AND bear arms, shall not be infringed.”

that means the right to own AND carry shall not in any be impaired, inhibited, no matter what period.

the right protected by the 2A is the right to own AND CARRY.

During my 25 year career as an officer, at least five times during the period of time when I graduated from the academy, and Arizona first began to issue “Must Issue” CCW’s and have reciprocity with other states….I gave a “pass” to people from other states with permits who were carrying in Arizona.

IF they informed me they were carrying, I told them…”Thank you for letting me know. Unfortunately, Arizona has no provision for carrying a concealed weapon, and doesn’t recognize your permit. However, we do have open carry, and you may carry your gun on your person or in your vehicle in a holster while you are here”.

Intent really means a LOT to a street wise and savvy cop.