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Traveling Man's Gun Arrest Appealed to Supreme Court


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http://www.foxnews.com/politics/2011/01/18/traveling-mans-gun-arrest-appealed-supreme-court/

Traveling Man's Gun Arrest Appealed to Supreme Court

Published January 18, 2011

| Associated Press

 

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.

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http://www.foxnews.c...-supreme-court/

Traveling Man's Gun Arrest Appealed to Supreme Court

Published January 18, 2011

| Associated Press

 

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 ..........[/quote

 

There is no "licensing sytem" in place in Utah or in most other states, yet we contiually hear about firearms being "licensed" or and "unlicensed firearm" in the press. Again, a ploy by the press to entrench in everyone's mind that there IS registration in this country and that's it's wrong not to "register" your firearm.

 

But they won't change because they really don't care if they're factual or not. Whatever it takes to sell papers or gain readers.

 

AB

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There is no "licensing sytem" in place in Utah or in most other states, yet we contiually hear about firearms being "licensed" or and "unlicensed firearm" in the press. Again, a ploy by the press to entrench in everyone's mind that there IS registration in this country and that's it's wrong not to "register" your firearm.

 

But they won't change because they really don't care if they're factual or not. Whatever it takes to sell papers or gain readers.

 

AB

 

I heard this on the news this morning. And that word "license" got thrown around left and right. (It appears 4 times in those few paragraphs you posted, even). When the time comes they want to pass a federal licensing system, people will say "What, we don't already have it?! Of course you should pass it!"

 

And we have the media and tv cop shows to thank.

 

On a sidenote, I've read on a lot of forums from folks who work at gun shops how almost every time they get a new customer, the customer asks how to "register" his/her gun. When they're told they don't need to, I've heard stories of a lot of them saying "But I know i don't NEED to.. but i want to!" :no:

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By the way, I'd really like to see this case heard. It could set some minor, but important precedents for reciprocity and/or traveling. The current state of affairs is an absolute nightmare.

Not only does every state have its own rules, but sometimes even certain cities and counties do. This does not bode well for the traveler encountering such delays.

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By the way, I'd really like to see this case heard. It could set some minor, but important precedents for reciprocity and/or traveling. The current state of affairs is an absolute nightmare.

Not only does every state have its own rules, but sometimes even certain cities and counties do. This does not bode well for the traveler encountering such delays.

According to YAHOO, the Supreme Court has denied the appeal.

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There is no "licensing sytem" in place in Utah or in most other states, yet we contiually hear about firearms being "licensed" or and "unlicensed firearm" in the press. Again, a ploy by the press to entrench in everyone's mind that there IS registration in this country and that's it's wrong not to "register" your firearm.

 

But they won't change because they really don't care if they're factual or not. Whatever it takes to sell papers or gain readers.

 

AB

I'm glad you brought this up because, I too recall story after story of firearms being "licensed" or and "unlicensed firearm" in the press and remember wondering "...where did they get this crap??" Is this - again - the work of "Journolists" or whatever they call themselves? Or are they taught to lie to the public is college? At what point does a journalist turn into a socialist and begin writing and distributing propaganda?

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Cert denied.

 

High court denies man's gun arrest appeal

 

By JESSE J. HOLLAND, Associated Press – 7 mins ago

WASHINGTON – Missing a plane connection cost Utah gun owner Greg Revell 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.

Nevertheless, the Supreme Court without comment refused on Tuesday to let 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.

 

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

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Cert denied.

 

High court denies man's gun arrest appeal

 

By JESSE J. HOLLAND, Associated Press – 7 mins ago

WASHINGTON – Missing a plane connection cost Utah gun owner Greg Revell 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.

Nevertheless, the Supreme Court without comment refused on Tuesday to let 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.

 

http://news.yahoo.co...ourt_gun_arrest

 

the real "protected class"... Same sh!t you see with recording devices. The TSA, or law enforcement, can use them all day.. But if you use them, you'll be sued by the government. Meanwhile there is no legal recourse for us common citizens... There are definitely "house rules" we have to play by.

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By the way, I'd really like to see this case heard. It could set some minor, but important precedents for reciprocity and/or traveling. The current state of affairs is an absolute nightmare.

Not only does every state have its own rules, but sometimes even certain cities and counties do. This does not bode well for the traveler encountering such delays.

According to YAHOO, the Supreme Court has denied the appeal.

 

This case was filed pre Heller & McDonald. He should refile on 14A, 4A & 5A grounds.

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