In October, 2013, when Shaneen Allen was charged for possessing a firearm in her car in New Jersey the arrest came as a surprising shock.\u00a0 According to the Philly.com report, a single mom of two, who resides in Philadelphia, obtained a license-to-carry permit and lawfully purchased .380 Bersa Thunder handgun for self defense purposes.\u00a0\u00a0 The last thing she expected was that during a routine traffic stop in New Jersey she would get arrested and was charged with unlawful possession of a weapon and possession of hollow-point bullets.\u00a0 For many who were unaware of how firearm laws work it was mind boggling.\u00a0\u00a0 Ms. Allen had all the documentation and proper preparation to be able to carry her Bersa.\u00a0 So, what went wrong? The answer is different states have different rules and reciprocity is far from automatic.<\/p>\n
The Second Amendment to the U.S. Constitution guarantees to each citizen the right to bear arms.\u00a0 Yet, many state legislations across the country enacted many controversial restrictions and limitations no other amendment could ever endure.\u00a0 Each state requires its own license; whether it is to collect fees or to control the amount of firearms.<\/p>\n
For better or worse, the firearm law is constantly changing.\u00a0\u00a0 It is important to know your rights because the punishment for these offenses is quite severe, and traditionally, the prosecution addresses the violators who possess firearms with vigor.<\/p>\n
In 2013, New York enacted a Safe Act<\/a> that claims to \u201ckeep communities safe<\/em> while respecting hunters and sportsmen.\u201d Governor Guomo, if reelected, plans to sign a Safe Act 2 <\/a>which makes one wonder whether the first act didn\u2019t keep the public safe.\u00a0\u00a0 Under the New York law, criminal possession of a weapon is fourth degree and is a strict liability and per se crime in the New York Penal Law pursuant to NY PL 265.01<\/a>.\u00a0 The implication of strict liability for simply possessing a firearm or even a knife is automatic prison time.<\/p>\n Recently, Massachusetts reinstated itself as one of the leaders in tough gun control in the nation.\u00a0 On August 13, 2014, the Massachusetts legislation signed into law an Act<\/em><\/a> Relative to the Reduction of Gun<\/em> Violence.\u00a0 The Act allows police chiefs to ask courts to deny firearms identification cards to individuals if they feel are unfit to obtain them.\u00a0 The Act made gun-based crimes tougher and created an online portal for background checks in private gun sales, making Massachusetts join the National Instant Background Check System.<\/p>\n An improperly possessed or used firearm is dangerous not only for possessing the firearm which is regulated by the Mass. Gen. Laws Ch. 269 Sec. 10 (h)<\/a> and having to surrender it under the Mass Gen. Laws Ch. 140 Sec. 129D<\/a> but also risky to your freedom.\u00a0 The Mass Gen Laws 140 Sec. 128B<\/a> states that for the first offense the violator will be punished by a fine of up to $1,000 and for any subsequent offense by imprisonment in the state prison for up to ten years.<\/p>\n Different towns and cities require different policies and procedures to obtain License to Carry of Firearm Identification.\u00a0 Possession, storage and transportation of firearms are heavily regulated.\u00a0 It\u2019s important to obtain a proper license prior to purchasing any firearms.\u00a0 No doubt, the Act<\/em> Relative to the Reduction of Gun Violence<\/em> makes owning firearms more complicated and since certain regulations will become active in January 2015, applicants will be prone to make mistakes in filing or renewing their licenses to carry or firearm identifications cards applications, or worse, due to new regulations, losing their rights altogether.<\/p>\n It is important to note that under the Massachusetts law a possession of a firearm while committing a felony will will result in a mandatory minimum sentence of 5 years.\u00a0 Failing to proper obtain a license to posses a firearm can automatically render a perfectly law abiding citizen a felon.<\/p>\n In October, 2013, when Shaneen Allen was charged for possessing a firearm in her car in New Jersey the arrest came as a surprising shock.\u00a0 According to the Philly.com report, a single mom of two, who resides in Philadelphia, obtained a license-to-carry permit and lawfully purchased .380 Bersa Thunder handgun for self defense purposes.\u00a0\u00a0 The …<\/p>\n