EDISON - A Philadelphia mother of two is facing up to five years in prison for bringing her legally permitted handgun into New Jersey.

Shaneen Allen has a permit to carry in Pennsylvania, but was arrested for carrying it during a traffic stop. She says she didn't know it was illegal, and her attorney says it shouldn't be.  

"She made an honest mistake," says Evan Nappen. "She thought a gun license is treated like a drivers license. Which is a common mistake." 

The 27-year-old was pulled over for a traffic violation while driving to Atlantic City last October. She told the New Jersey officer she had a gun and showed him her permit. He arrested her because her Pennsylvania license is not valid in the Garden State. 

On Tuesday, an Atlantic County judge turned down Allen's request to dismiss the charges and denied her a pre-trial program that would keep her out of jail.  If convicted, she faces a five year sentence.

Many say Allen should have known the rules but also think the punishment is a bit harsh for the single mom, who has no criminal background.

Nappen says his client should not be put in prison for what he believes shouldn't be a crime. He and his firm want to change the laws so that New Jersey recognizes gun licenses from other states.

The Atlantic County prosecutor's office has not commented on the case.