Philadelphia Woman Who Brought Gun Into New Jersey Admitted to Pre-Trial Intervention Program

A Philadelphia woman who brought a gun she purchased legally in Pennsylvania into New Jersey will be admitted to a pre-trial intervention program, Atlantic County Prosecutor Jim McClain announced on Wednesday.

Shaneen Allen, 27, legally purchased her gun in Philadelphia. However, when the mother of two was stopped by an officer in Atlantic County, NJ, she said she was carrying the gun and was arrested because her permit to carry and conceal is applicable only in Pennsylvania.

Allen was initially denied entry into the program. Atlantic County Prosecutor Jim McClain came under fire for denying her access to the program when former Baltimore Ravens and Rutgers University football player Ray Rice was admitted to the program following a domestic incident with his now-wife in an elevator at the Revel in February.

The program is a diversionary program that permits first time offenders to avoid prosecution.

Earlier this month, McClain said he would delay Allen’s trial while he reviewed the case.

He received clarification from the Attorney General’s Office on Tuesday concerning the Graves Act Directive of 2008. The act deals with those situations in which an out-of-state resident who holds a valid permit to carry a firearm within his or her home state is arrested in New Jersey and charged with illegal possession of a firearm under New Jersey law.

“This clarification was issued following a comprehensive review by the Office of the Attorney General of New Jersey’s firearms possession laws, as well as consultation by the Office of the Attorney General with each of the 21 county prosecutors,” McClain said. “The resulting clarification to the 2008 directive is a reasoned and considered effort to ensure consistent treatment of similarly situated defendants throughout the state.”

According to the letter McClain received from the Attorney General on Tuesday, the Attorney General’s put a temporary hold on county prosecutors acting in any case in which an out-of-state person was charged with bringing a legally obtained gun into New Jersey.

During this time, the Attorney General’s Office spoke with all 21 Prosecutor’s Offices throughout New Jersey to ascertain how they typically deal with the situation.

The Attorney General’s Office found that prosecutors don’t typically sentence such offenders to time in state prison.

The Graves Act is designed to handle cases in which gun possession poses a greater risk to the public than that described in Allen’s case.

The Prosecutor has two options in this case, including allowing the defendant to enter a pre-trial intervention program or a reduced sentence in state prison or non-custodial probation.

A Prosecutor must evaluate if the defendant was aware of the law, determine what the purpose for bringing the gun into the state was, and determine how many people were exposed to the gun.

A defendant’s criminal history and whether they willingly told police about the presence of the gun. In this case, Allen had no prior record and she told the officer about her gun.

“In applying the factors set out in the clarification, I determined that the defendant in this case should be offered the opportunity to be admitted into the Atlantic County PTI Program and I have communicated that determination to the Court and to defense counsel,“ McClain said.

McClain will now consider other cases in which the defendant has been denied access to the program in the past.