Senators to Propose Looser Guidelines for Judges After Philadelphia Woman Faces Jail Time for Bringing Gun Into New Jersey

Three State Senators will introduce legislation that will give judges discretion to impose commonsense sentences for firearms crimes.

Sens. Jeff Van Drew, Christopher Connors and Jim Whelan announced their intention to introduce the legislation in response to the case of Shaneen Allen, a Philadelphia woman who faces up to 11-and-a-half years in prison for bringing a firearm from Pennsylvania into New Jersey.

Allen, 27, legally purchased the gun in Philadelphia. However, she brought the gun into New Jersey, and when she was stopped by an officer in Atlantic County, she said she was carrying the gun.
Her permit to carry and conceal is only applicable in Pennsylvania, but she was unaware she wasn’t permitted to bring the gun into New Jersey.

“Locking up a single mother of two for more than three years because of a misunderstanding of the law is a complete absurdity,” said Van Drew (D-Cape May, Atlantic and Cumberland). “We need to trust that our legal system can determine the correct punishment for these cases rather than relying on guidelines that leave no discretion to our judges.”

The legislation, which the Senators plan to introduce on Sept. 15, would allow judges to use discretion when sentencing individuals who are charged with unlawful possession of a firearm while in New Jersey, in cases where the individual is an out-of-state resident who legally possesses a firearm in their own state.

It would apply as long as the person charged is otherwise a law-abiding citizen with no criminal record or gang affiliations.

Under the Graves Act, judges currently must adhere to a strict and mandatory schedule of prison terms for certain firearm crimes including unlawful possession of a handgun.

If a court finds a person in New Jersey guilty of this crime, they must be imprisoned for a minimum of 42 months or three and a half years.

This bill would allow judges to offer pre-trial intervention, or supervisory treatment as well as reduce jail time for out-of-state residents who legally posses a firearm in their state and have unintentionally brought the firearm into New Jersey.

“Our laws are in place to protect the safety of the public, but in this case it appears there was no threat. In these unique cases, when an individual is taking the necessary safety precautions and following the laws as he or she believes them to exist, it makes no sense to impose a mandatory term of imprisonment before considering all of the facts,” said Connors (R-Ocean, Burlington and Atlantic). “This bill would bring commonsense to our sentencing laws to ensure that judges are given latitude when handing down sentences in cases where the individual charged makes a mistake with no intent to violate the law.”

“Look, accidents happen and sometimes people may unintentionally break a New Jersey law, when they are trying to be good citizens and follow the rules that were set out for them in their home state,” said Whelan (D-Atlantic). “The case of Ms. Allen is a perfect example. The way she handled herself with law enforcement showed a clear understanding of what is appropriate in Pennsylvania, but unfortunately she was in New Jersey. We need to give judges some discretion in these cases to determine what is the best course of action or punishment necessary for the crime.”