Traveling Man's Gun Arrest Appealed to Supreme Court

[MaineCWPtraining]

January 18, 2011

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.

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[Rob Boudrie]

Two word contingency plan: Fedex dropbox.

 

[terraformer]

This guys got a GREAT lawsuit, but his lawyers have been less than stellar. I really hope they can find their ass in the dark and get this into court and make the right claims including a violation of 4th and 5th amendment violations in demanding cops check in guns for travel. That is the key here.

 

[terraformer]

See here.
http://www.morelaw.com/verdicts/case.asp?n=09-2029&s=NJ&d=43309

You will note the court had to inform his lawyers that they needed to make a 4th amendment claim...

The District Court noted that its first task was to “determine whether 18 U.S.C. § 926A created an enforceable personal right,” an issue of first impression. (App. at 44.) The Court answered that question by holding that, pursuant to the Supreme Court’s decision in Graham v. Connor, 490 U.S. 386 (1989), Revell was required to frame his § 1983 claim in terms of the Fourth Amendment, as opposed to § 926A, because he sought damages for an allegedly improper arrest. In other words, the Court concluded that, “ecause individuals already have a method of recovering damages pursuant to § 1983 if they are arrested or charged without probable cause, [i.e., a claim under the Fourth Amendment,] it is unnecessary and, indeed, improper ... to conclude that § 1983 provides a separate or alternative remedy for a violation of § 926A.” (App. at 49.)

You will also note there is no 2A rights claim being made here...

This is why the court dismissed the suit:

Outcome: Section 926A does not apply to Revell because his firearm and ammunition were readily accessible to him during his stay in New Jersey. That conclusion is fatal to his § 926A claim and the associated Fourth Amendment claim. We accordingly affirm the District Court’s dismissal and grant of summary judgment, respectively, on those claims. We also affirm the District Court’s grant of summary judgment on Revell’s due process claim because he did not take advantage of state procedures available to him for the return of his property.

Clearly the court is equally braindead...

 

[MA_Shooter]

Two word contingency plan: Fedex dropbox.

But he would need to ship to an FFL (or manufacture/importer/dealer/collector)....correct?

http://www.thegunzone.com/ship-guns.html

 

[Kevlar]

Two word contingency plan: Fedex dropbox.

Yup.

This guys got a GREAT lawsuit, but his lawyers have been less than stellar. I really hope they can find their ass in the dark and get this into court and make the right claims including a violation of 4th and 5th amendment violations in demanding cops check in guns for travel. That is the key here.

This. I hope they play their cards right.

But he would need to ship to an FFL (or manufacture/importer/dealer/collector)....correct?

http://www.thegunzone.com/ship-guns.html

No. You can ship a firearm to yourself...

...A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

http://www.atf.gov/firearms/faq/unlicensed-persons.html#shipping-firearms-additional

 

[MisterHappy]

"You are now free to move about the country" is an advertising tag line, not reality....

 

[bullseye]

Why do people who have NO criminal intent and try to do everything according to the book, wind up getting so screwed in this country?! The police almost enjoy finding perfectly good folks and go out of their way to mess up their life rather than seeing the situation for what it is and offering a helping hand to correct a situation that has become problematic. Especially in states like NJ, NY and MASS. No wonder why there is so much hatred towards the police in this country from everday, non-criminal people.

 

[rattletrap1970]

^This.

This is why when they bitch about being hated. You know what? If you hate being hated so much, Police Thy Brother or STFU.

 

[bullseye]

^This.

This is why when they bitch about being hated. You know what? If you hate being hated so much, Police Thy Brother or STFU.

+1

 

[Knuckle Dragger]

There was a similar case Torraco v. Port Authority, et. al. brought against NY in the 2nd circuit that was also dismissed.

 

[terraformer]

There was a similar case Torraco v. Port Authority, et. al. brought against NY in the 2nd circuit that was also dismissed.

Which had it's own set of issues. I can't remember right off the top of my head though what those were though.

 

[Alex]

Two word contingency plan: Fedex dropbox.

How would that help him? Here's an excerpt from FedEx firearms policy: "Upon presenting the goods for shipment, the person tendering the shipment to Carrier is required to notify Carrier that the shipment contains a firearm."
http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html
So the guy shows up at a NJ FedEx office, and tells them he's got a firearm... Cops, arrest, same outcome.
What am I missing?

 

[MichaelJR]

How would that help him? Here's an excerpt from FedEx firearms policy: "Upon presenting the goods for shipment, the person tendering the shipment to Carrier is required to notify Carrier that the shipment contains a firearm."
http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html
So the guy shows up at a NJ FedEx office, and tells them he's got a firearm... Cops, arrest, same outcome.
What am I missing?

You missed the theme song.

 

[Alex]

You missed the theme song.

Very helpful. Thank you joker.

 

[MichaelJR]

Very helpful. Thank you joker.

Bad boys bad boys, whatchu gonna dooo