MAYS LANDING, NJ – -(Ammoland.com)- Atlantic County Prosecutor Jim McClain today recommended that Shaneen Allen of Philadelphia, who was arrested last year for carrying a firearm into the State of New Jersey, be offered pre-trial intervention.
McClain’s decision comes after a clarification issued by the New Jersey Attorney General’s Office regarding a 2008 Grave’s Act directive, which deals with how to handle out-of-state residents who hold valid permits to carry a firearm and are charged in New Jersey with illegal possession.
McClain said the Attorney General’s Office conducted a comprehensive review of firearms possession laws, and consulted with prosecutors in New Jersey’s 21 counties.
“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 in a statement issued on Wednesday, Sept. 24
Allen, a mother of two, was arrested by a State Trooper last year on the Atlantic City Expressway in Hamilton Township following a traffic stop. She was carrying her handgun and concealed carry permit, but told the trooper she did not know she couldn’t bring it into New Jersey.
McClain cited the Grave’s Act when he originally denied her pretrial intervention.
“The resulting clarification to the 2008 directive is a reasoned and considered effort to ensure consistent treatment of similarly situated defendants throughout the state,” McClain said.
The directive issued by Acting Attorney General John J. Hoffman noted that “in most cases, imprisonment is neither necessary not appropriate to serve the interests of justice and protect public safety.”
McClain said he would review similar pending cases and make “appropriate decisions” after applying the factors outlined in the clarification.