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High court denies man's gun arrest appeal

Lizard King

Lizard King

Administrator
Staff Member
Sep 9, 2010
11,588
3,412
#1
You have to love how an Airline fuck up and dumb ass TSA landed this guy in jail for 10 days, had his legal licensed gun missing for 3 years and he isn't allowed to sue anyone for their mistakes and his loss or freedom and time.


High court denies man's gun arrest appeal - Yahoo! News

WASHINGTON – For most people, a missed flight is simply an inconvenience. But for Utah gun owner Greg Revell, a missed connection meant 10 days in jail after he was stranded in New Jersey with an unloaded firearm he had legally checked with his luggage in Salt Lake City.

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 tried to 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. But lower courts have thrown out his lawsuit, and the Supreme Court on Tuesday refused to consider his appeal.

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.
 
J

Jeton

Member
Oct 6, 2010
23
0
#3
that's disgusting, i have to wonder who his attorneys were. he should have chased down Alan Gura, but Gura must be in outrageously high demand by now. this is a sympathetic Court we have, but if u have a Gun Rights case u need the right legal thinker to craft ur case into something the SCOTUS will want to address.
 
huntlo

huntlo

Member
Apr 9, 2011
46
0
#6
so much for our rights as American
Slowly but surely, American citizens are being stripped of our basic
rights and freedoms that this great country was founded on. Just
think, soon we will all be paying for each others' health care. The
incentive to work hard and improve the quality of life of you and your
family is being undermined by Washington's insatiable desire to some
how create economic equality. The idea of penalizing individuals
for making "too much" money is fucking ridiculous.

This is the main reason I refuse to fly when I travel. I would much
rather spend the extra time and money and drive with my .45 riding
shotgun. If I decide to have an artillery of firearms in my home,
then it's damn right! I can guarantee you that the last thing going
through a burglar's mind when he steps in my house is HOT LEAD.
With the current administration, I'm surprised we still have the ability
to purchase firearms.

We are just one step closer to fitting in with the rest of the shit hole
socialist countries across the world.
 
Body_Builder

Body_Builder

MuscleHead
Oct 18, 2010
301
9
#7
What a crock of shit; I'd be so unbelievably pissed....
 
marx

marx

MuscleHead
Sep 29, 2010
4,671
625
#8
Regular folks have no advocate in the face of the law. An innocent man lost his freedom.

You might take time to notice the issue is one of states rights, NJ says no to license to carry reciprocity. It has that right. That TSA turned him in is FUCKED. Guy was trying to follow the rules for chrissakes...
 
J

Jeton

Member
Oct 6, 2010
23
0
#10
Regular folks have no advocate in the face of the law. An innocent man lost his freedom.

You might take time to notice the issue is one of states rights, NJ says no to license to carry reciprocity. It has that right. That TSA turned him in is FUCKED. Guy was trying to follow the rules for chrissakes...
the point is New Jersey's right to its own laws is subordinate to Federal Constitutional Rights. The Supreme Court ruled the 2nd Amendment to be a right applying to individuals once and for all in 2008, also ruling that self-defense is an inalienable right. the Court then Incorporated that right to the states in 2010. every so-called "gun control" law that places an onerous burden on individuals is now vulnerable, as the Court placed the 2nd Amendment on a par with the 1st and the 5th. all that remains is to establish the standard of judicial scrutiny that any laws restricting the 2nd Amendment must face. in the HELLER decision, they expressly ruled out the "Rational Basis" test, which is the lowest standard of Constitutional muster. the remaining standards r either "Heightened Scrutiny" or "Strict Scrutiny", and the smart money is betting that the Court as now composed will establish Strict Scrutiny, meaning that any gun control laws must be very limited at best.

the key is crafting a case with limited and specific implications for strengthening the 2nd Amendment, in such a manner that the "Heller/McDonald 5" can all comfortably vote for it. this guy in NJ didn't meet that test for whatever reason, and the Court chose to ignore this case. they choose to hear VERY few cases, relatively speaking...u have to make ur case attractive in terms of Constitutional implications if u want ur case heard. the NJ guy didn't do that. it sucks but it's the system we have.
 
Mindlesswork

Mindlesswork

Crusty Poo Butt
Sep 21, 2010
1,395
33
#11
the point is New Jersey's right to its own laws is subordinate to Federal Constitutional Rights. The Supreme Court ruled the 2nd Amendment to be a right applying to individuals once and for all in 2008, also ruling that self-defense is an inalienable right. the Court then Incorporated that right to the states in 2010. every so-called "gun control" law that places an onerous burden on individuals is now vulnerable, as the Court placed the 2nd Amendment on a par with the 1st and the 5th. all that remains is to establish the standard of judicial scrutiny that any laws restricting the 2nd Amendment must face. in the HELLER decision, they expressly ruled out the "Rational Basis" test, which is the lowest standard of Constitutional muster. the remaining standards r either "Heightened Scrutiny" or "Strict Scrutiny", and the smart money is betting that the Court as now composed will establish Strict Scrutiny, meaning that any gun control laws must be very limited at best.

the key is crafting a case with limited and specific implications for strengthening the 2nd Amendment, in such a manner that the "Heller/McDonald 5" can all comfortably vote for it. this guy in NJ didn't meet that test for whatever reason, and the Court chose to ignore this case. they choose to hear VERY few cases, relatively speaking...u have to make ur case attractive in terms of Constitutional implications if u want ur case heard. the NJ guy didn't do that. it sucks but it's the system we have.
This guy's case apparently was before this change...and no wonder the court struck down his appeal. He needs some damn good lawyers to go all the way to the SCOTUS to address this issue as he was clearly trying to follow the rules as the lower courts have noted. Federal law trumps state law in my opinion

To avoid this kind of situation this person has experienced, it's a good idea to check whether the particular state you are traveling to honors your permit. If not, better leave the gun at home or look whether you can open carry. Obviously weapons have to be in checked baggage at airports or in secured clamshells at bus/train stations.
 
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