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Traveling man's gun arrest appealed to high court. Why New Jersey Sucks.

Discussion in 'Legal & Political Archive' started by clearconscience, Jan 18, 2011.

  1. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    WASHINGTON – Missed flights only inconvenience most people. A late flight landed Utah gun owner Greg Revell in jail for 10 days after he got stranded in New Jersey with an unloaded firearm he had legally checked with his luggage in Salt Lake City.

    The Supreme Court could decide Tuesday whether to consider letting Revell sue Port Authority of New York and New Jersey police for arresting him on illegal possession of a firearm in New Jersey and for not returning his gun and ammunition to him for more than three years.

    Lower courts have thrown out his lawsuit.

    Revell was flying from Salt Lake City to Allentown, Pa., on March 31, 2005, with connections in Minneapolis and Newark, N.J. He had checked his Utah-licensed gun and ammunition with his luggage in Salt Lake City and asked airport officials to deliver them both with his luggage in Allentown.

    But the flight from Minneapolis to Newark was late, so Revell missed his connection to Allentown. The airline wanted to bus its passengers to Allentown, but Revell realized that his luggage had not made it onto the bus and got off. After finding his luggage had been given a final destination of Newark by mistake, Revell missed the bus. He collected his luggage, including his gun and ammunition, and decided to wait in a nearby hotel with his stuff until the next flight in the morning.

    When Revell tried to check in for the morning flight, he again informed the airline officials about his gun and ammunition to have them checked through to Allentown. He was reported to the TSA, and then arrested by Port Authority police for having a gun in New Jersey without a New Jersey license.

    He spent 10 days in several different jails before posting bail. Police dropped the charges a few months later. But his gun and ammunition were not returned to him until 2008.

    Revell said he should not have been arrested because federal law allows licensed gun owners to take their weapons through any state as long as they are unloaded and not readily accessible to people. He said it was not his fault the airline stranded him in New Jersey by making him miss his flight and routing his luggage to the wrong destination.

    Prosecutors said it doesn't matter whose fault it was: Revell was arrested in New Jersey with a readily accessible gun in his possession without a New Jersey license.

    Lower courts have sympathized with Revell but refused to let him sue the police.

    "We recognize that he had been placed in a difficult situation through no fault of his own," wrote Judge Kent A. Jordan of the U.S. 3rd Circuit Court of Appeals in Philadelphia. However, the law "clearly requires the traveler to part ways with his weapon and ammunition during travel; it does not address this type of interrupted journey or what the traveler is to do in this situation."

    The case is Revell v. Port Authority of New York and New Jersey, 10-236.
     
  2. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    I want you to place close attention to the fact that he didn't have his handgun returned for 3 YEARS!!!
     
  3. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    I think he also did the right thing by making sure that no one else had access to his luggage during this time. Who knows who might have stolen or ended up with his luggage if he had not done retrieved his luggage and stayed. In the interest of public safety and all. >.<
     
  4. Martini_Up

    Martini_Up NW USA Well-Known Member

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    "...The Right to Keep and Bear Arms shall not be INFRINGED" There isn't even one gun law that doesn't infringe upon that right and yet we have thousands that are upheld in court every year. What an empty, meaningless sentence the 2nd amendment has become.
     
  5. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    I must have missed that law. Last time I checked the 1968 FOAP made it legal to travel with your firearms.
     
  6. Spad

    Spad Kennewick,WA, the desert side Active Member

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    One of the states to stay out of if you have a firearm. These people are vicious, and I us that word because I've been there. My parents moved back to N.J. :paranoid:in the 80's after leaving in the early 1930's. My dad wanted to get a new pistol and they treated him like he was a criminal. He had never been in troube his whole life.He was flabbergasted at thier attitude. They think they are the last word on everything and if you don't like it leave. My mom and dad have since passed away. Dad had his fathers pistol, and shipped it to me hidden in a box of books, he was afraid to declare it in N.J. How about that for a man who was a WW11 vet and had a Federal License in his profession. Hope the case gets to court and something happens for the better. Spad
     
  7. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    New Jersey sounds like backwards land.


    http://news.yahoo.com/s/ap/20110118/ap_on_re_us/us_camden_layoffs

    CAMDEN, N.J. – Some firefighters turned in their helmets and police officers their badges Tuesday as part of deep municipal layoffs destined to further erode the quality of life in Camden, already one of the nation's most impoverished and crime-ridden cities.

    About 335 workers, representing one-sixth of the local government work force, lost their jobs, according to Mayor Dana Redd. It was worst in the public safety departments, where nearly half the police force and close to one-third of the city's firefighters were laid off.
     
  8. Spad

    Spad Kennewick,WA, the desert side Active Member

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    The mayor is playing her dictatorial card, sounds just like the New Jersey attiude. Her thoughts of public safety are crude by any standard.
     
  9. Grunwald

    Grunwald Out of that nut job colony of Seattle, WA Well-Known Member

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    New Jersey is a stinking bubblegum hole. At least northern part of the state is. I grew up in the Massachusetts and so I traveled to Jersey a few times. I remember every time I crossed the border from NY, there was this horrible smell. Had a friend that move to Newark, and so I visited him there a few times. What a pit.
    I left the Northeast about 15 years ago and would not move back there for pretty much anything. Might as well move to post Soviet Russia, as you probably have more freedom there.
     
  10. m1gunr

    m1gunr Tacoma Member

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    After buying my RV this past summer I made sure to let the family know we would NOT be taking any trips to CA, IL, NY, NJ, CT, DC or any other anti gun state.
     
  11. drew

    drew OR Well-Known Member

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    I'd suggest a map with those states crossed out. It would be real nice if it had an detailed view of the NE states. Don't forget Hawaii either. Alaska would be tough with the RV too but that is because of Canada.
     
  12. m1gunr

    m1gunr Tacoma Member

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    On my map everything in RED is a no visit state.
    Alaska has a ferry ride that saves the drive thru Canada, however its pretty simple to travel with a 20ga pump on the drive. I can mail my pistol to myself in Alaska.