Reposted from davematson by buddabelly
Editor's Note: good diary so far, though y'all might like to see it as it is the Marissa Alexander case without the negligent discharge or any brandishing or anything...just a licensed owner and carrier screwed by Jersey.....
Hopefully the New carry case Gura just won will apply since the McDonald case...... -- buddabelly
The case of Shaneen Allen has been getting attention in the libertarian and gun rights communities, but honestly deserves more publicity from everyone who cares about overprosecution, mandatory minimums, and the prison industrial complex.
Via The Watch, Ms. Allen is a lawful handgun owner in Pennsylvania. She was pulled over on a traffic stop in New Jersey, a state with some of the nation's toughest gun laws. She volunteered to the police officer that she had a handgun in her possession, apparently not knowing that possession of a handgun without a licence for that state is a felony in New Jersey.
Allen is a black single mother. She has two kids. She has no prior criminal record. Before her arrest, she worked as a phlebobotomist. After she was robbed two times in the span of about a year, she purchased the gun to protect herself and her family. There is zero evidence that Allen intended to use the gun for any other purpose. Yet Allen was arrested. She spent 40 days in jail before she was released on bail. She’s now facing a felony charge that, if convicted, would bring a three-year mandatory minimum prison term.
Under the law, she really doesn't have much of a defense. But according to her attorney, the prosecutor has the option of allowing her to enter a diversion program for first time offenders of victimless crimes, but has not explained why he is unwilling to do so in this case.
Reposted from oldpunk by oldpunk
In my previous diary I posed a few questions and attempted to define some terms in order to come to a basic understanding of what gun control is and what it is intended to accomplish. I did this in the hopes of finding some common ground and maybe some agreement from which we could move forward and attempt to address the issues of guns and gun control. Whether or not I was successful is a matter of opinion but I did gain some important insight regarding how gun control is viewed.
Seriously. What do Democrats actually gain in exchange for running around with their hair on fire about guns? To begin with, remember that credible, liberal Constitutional scholars think that the Second Amendment is about an individual right to own firearms. And with that as an inflammatory teaser...
First, shall issue concealed carry means that if the person applying for a carry permit meets the requirements (training, not a felon, meets age limit, etc), then the state must issue that person a carry permit.
This is the issue in the majority of the states. Over 40 states have shall issue or better concealed carry laws. In a recent diary (somewhat recent) I mentioned how the 9th Circuit Court made some changes in regards to some carry laws in Cali.
This diary is about how that case impacts Hawaii.
Delaware isn't exactly known as being the most pro-RKBA state.
Tongue planted firmly in cheek.
But recently a Delaware Supreme Court decision has made life a bit more interesting for those who are pro-RKBA in the Diamond State.
In a recent diary, I mentioned that "good cause" was struck down over in Cali.
Looks like there's been some rather quick (and good) movement on the issue of concealed carry in certain parts of Cali. Specifically, Orange County.
What does the 9th circuit strike down?
Here's a teaser: it involves public carry of firearms.
Over the fold.
The NY SAFE ACT. One of the more idiotic pieces of legislation I've seen come out of a state legislature with regards to firearms.
Over the fold.
Perhaps you've heard of Wendy Davis.
If not, please go check out those links.
A GOP appointed judge over in CT just upheld the idiotic gun control passed by the legislature.
Ironically enough, it seems like his finding could be easily overturned once the appeal reaches SCOTUS.
Over the fold we go...
Currently, if you have a concealed carry permit from your state, it's only good in so many other states. There are multiple problems with this.
There's the legal side: a state issuing a license should have that license recognized in all other states and DC (just like I'd want to see INRE any marriage licenses).
There's the criminal side: people make mistakes and carry into a state that doesn't recognize their permit. The best example I can think of is Wisconsin. Their original standards for concealed carry led other states (quite a few actually) to recognize their permit. They changed their standards and now only 25 states recognize their permit. Obviously this doesn't excuse ignorance or not double checking local law if you leave your state, but this situation could be easily fixed with a national carry system.