PA woman with carry license arrested in NJ, facing mandatory 3 years in prison

[CitiusFortius]

But when the law violates the constitution, which I firmly believe the "law" she broke does, then she in fact broke no law because the law itself is illegal and unenforceable (legally)

My opinion.

Your opinion doesn't matter, the supreme courts does, and they disagree with you.

 

[TheSpark]

Your opinion doesn't matter, the supreme courts does, and they disagree with you.

You are exactly right. Too bad even the supreme court is so corrupt that they ignore the constitution as well.

 

[MisterChester]

You are exactly right. Too bad even the supreme court is so corrupt that they ignore the constitution as well.

They chose not to hear a case about challenging NJ's carry laws. In a time of circuit courts ruling opposite rulings on the matter.

 

[Huzrjim]

As stated in the other thread, you would think that Pennsylvania would emphasize when they give out licenses that they are not honored in NJ or NY. I think Indiana should do that with IL and OH as well.

 

[mrjarrell]

Brian Aitken made a good point on Facebook. The lede's are misleading. 3 years? She should be so lucky.

Brian Aitken


13 mins · The title is misleading: she's facing up to ten years in prison with a presumptive sentence of seven years--the same sentence I received for the same charge. Three years is merely the "mandatory minimum" she'd be required to spend behind bars before becoming parole eligible.The title is misleading: she's facing up to ten years in prison with a presumptive sentence of seven years--the same sentence I received for the same charge. Three years is merely the "mandatory minimum" she'd be required to spend behind bars before becoming parole eligible.

 

[GodFearinGunTotin]

Brian Aitken made a good point on Facebook. The lede's are misleading. 3 years? She should be so lucky.

Brian Aitken

13 mins · The title is misleading: she's facing up to ten years in prison with a presumptive sentence of seven years--the same sentence I received for the same charge. Three years is merely the "mandatory minimum" she'd be required to spend behind bars before becoming parole eligible.The title is misleading: she's facing up to ten years in prison with a presumptive sentence of seven years--the same sentence I received for the same charge. Three years is merely the "mandatory minimum" she'd be required to spend behind bars before becoming parole eligible.

Never heard of this guy but he seems kind of repetative.

 

[mrjarrell]

Never heard of this guy but he seems kind of repetative.

LOL. No, that was me cutting and pasting and the original text being danged near invisible. Brian's case was discussed right here on INGO back when he was popped for essentially the same thing when he was moving back from Colorado to NJ. Fatman had the option to give him a full pardon, but refused and left Brian unable to possess firearms for life. He fought to have the charges dismissed and almost made it to the Supreme's but they wouldn't hear it.

 

[JettaKnight]

I do feel sorry for her, but when I was in Philly, I knew that crossing that bridge into NJ meant risking serious jail time.

I would have suggested she just try and play it cool during a traffic stop and kept her mouth shut.

 

[Hornett]

As an officer of the law, how much trouble would he be in if he just told her what mistake she made, gave her a warning, and let her go on her way?
I mean, she showed him her drivers license, her LTCH, and informed.
It just seems a little harsh to bust her this hard.

 

[JettaKnight]

As an officer of the law, how much trouble would he be in if he just told her what mistake she made, gave her a warning, and let her go on her way?
I mean, she showed him her drivers license, her [STRIKE]LTCH[/STRIKE] CCP, and informed.
It just seems a little harsh to bust her this hard.

(It's PA after all)

A citizen announces to an officer they are committing a felony and you expect the officer to say, "no problemo."

 

[nakinate]

(It's PA after all)

A citizen announces to an officer they are committing a felony and you expect the officer to say, "no problemo."

Proper Spanish is, "No problema."

 

[Beowulf]

(It's PA after all)

A citizen announces to an officer they are committing a felony and you expect the officer to say, "no problemo."

If the law is a blatant violation of that person's civil liberties, you are damn right I do.

But... but... but... I was just following orders.

I've actually been in a similar situation myself, after forgetting to remove my EDCC (every day car carry) revolver from my car when I went back to visit my parents in Cincinnati. It's a much longer story than I really want to get into and involved me being pulled over at 1am by 3 Silverton patrol cars and then being told that seeing a speed loader in my center console was probable cause to search my vehicle for drugs (if you say so, officer).

Anyway, after they tore my car apart and kept me in the back of a squad car for about an hour, all they had to show for it was my S&W Model 66, which I had my Indiana permit for (which of course, isn't valid in Ohio). However, for all the other gripes I have with that stop and search, all they did was unload the gun and told me to lock in the trunk unloaded for the rest of my stay in Ohio and then let me go.

If they really wanted to, they could have arrested me on a weapons charge and made my life miserable. But they didn't.

Of course, I think they let me go because the pretense of their search was extremely weak and they didn't even find anything, so it probably wasn't worth their time to arrest me.

 

[MisterChester]

If the law is a blatant violation of that person's civil liberties, you are damn right I do.

But... but... but... I was just following orders.

I've actually been in a similar situation myself, after forgetting to remove my EDCC (every day car carry) revolver from my car when I went back to visit my parents in Cincinnati. It's a much longer story than I really want to get into and involved me being pulled over at 1am by 3 Silverton patrol cars and then being told that seeing a speed loader in my center console was probable cause to search my vehicle for drugs (if you say so, officer).

Anyway, after they tore my car apart and kept me in the back of a squad car for about an hour, all they had to show for it was my S&W Model 66, which I had my Indiana permit for (which of course, isn't valid in Ohio). However, for all the other gripes I have with that stop and search, all they did was unload the gun and told me to lock in the trunk unloaded for the rest of my stay in Ohio and then let me go.

If they really wanted to, they could have arrested me on a weapons charge and made my life miserable. But they didn't.

Of course, I think they let me go because the pretense of their search was extremely weak and they didn't even find anything, so it probably wasn't worth their time to arrest me.

The officer in this story could have done that as well. If I were that LEO, I would have told her she's technically committing a felony, but would unload it and put it in the trunk and escort her to the PA border. Don't think I could sleep at night if I arrested someone in that situation.

 

[TheSpark]

First off, Shame on the law makers who created this law that violates the constitution.

Second, Shame on the SCOTUS for ruling these types of laws are not a violation of the constitution when they clearly are.

Third, Shame on the officer for evening making an arrest.

Fourth, Shame on the prosecutor for not dropping this or allowing her to enter the diversion program.

Fifth, Shame on any judge who allows this to proceed to a conviction

Sixth, shame on any jury who does not acquit with jury nullification

And last, Shame Shame Shame on all of us for electing federal and state level legislators who allow laws like this to be created in clear violation of the constitution.

 

[Hornett]

JettaKnight:
I don't see it as that cut and dried.
She is obviously a resident of Pennsylvania because she had a PA drivers license.
She had a legal and current PA CCP (thanks for the clarification).
She had a perfectly legal and acceptable destination.
IF she doesn't have a record or outstanding warrants, I just can't see giving her anything more than a little free education.
Tell her to go straight back to PA and how it is illegal to carry in NJ.
There was clearly no intent to commit a crime on her part.

All that being said, I agree with others that have said "This is why I don't like to inform."

 

[JettaKnight]

JettaKnight:
I don't see it as that cut and dried.
She is obviously a resident of Pennsylvania because she had a PA drivers license.
She had a legal and current PA CCP (thanks for the clarification).
She had a perfectly legal and acceptable destination.
IF she doesn't have a record or outstanding warrants, I just can't see giving her anything more than a little free education.
Tell her to go straight back to PA and how it is illegal to carry in NJ.
There was clearly no intent to commit a crime on her part.

All that being said, I agree with others that have said "This is why I don't like to inform."

If the law is a blatant violation of that person's civil liberties, you are damn right I do.

The officer in this story could have done that as well. If I were that LEO, I would have told her she's technically committing a felony, but would unload it and put it in the trunk and escort her to the PA border. Don't think I could sleep at night if I arrested someone in that situation.

You guys don't get it: This is New Jersey; there's a different mindset over there. I agree 100% that it's the wrong mindset and is a violation of 2A.

It's been shown time and time again NJ does not care what the intent is. They do not care what is legal and acceptable in other states. They do not care what is clearly stated in the Constitution. And they do not care if you spend years behind bars for THEIR crimes.

The sad part is that either Gov. Christie agrees with the status quo or doesn't have the spine to stand up for freedom.

 

[MisterChester]

You guys don't get it: This is New Jersey; there's a different mindset over there. I agree 100% that it's the wrong mindset and is a violation of 2A.

It's been shown time and time again NJ does not care what the intent is. They do not care what is legal and acceptable in other states. They do not care what is clearly stated in the Constitution. And they do not care if you spend years behind bars for THEIR crimes.

The sad part is that either Gov. Christie agrees with the status quo or doesn't have the spine to stand up for freedom.

You're absolutely right. Christie quietly supports the gun laws. There just aren't enough pro 2nd legislators in their assembly.

 

[hoosierdoc]

Shame she didn't rob someone using it so they could toss the gun portion and just charge her with a misdemeanor robbery and be out in a month.

 

[lonehoosier]

Update

Mom arrested for bringing registered gun across NJ border may be spared prison sentence | Fox News

 

[cobber]

The DA is a bit of a sneaker-sniffer...to put it politely.