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Author Topic: Revell vs Port Authority going to SCOTUS  (Read 2766 times)

Brad Johnson

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Revell vs Port Authority going to SCOTUS
« on: January 18, 2011, 09:16:14 AM »
Greg Revell may finally get his day in the SCOTUS.  Revell was the guy who had a gun in his luggage, legally declared and properly locked in his luggage, but was arrested by the Port Authority in Jersey when his flight was delayed and he was forced to stay over.

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

According to the article certiorari will be granted/denied in the next day or so.  Maybe Jersey will get their butts handed to them.  Maybe not.  One can always dream.

Brad
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AZRedhawk44

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Re: Revell vs Port Authority going to SCOTUS
« Reply #1 on: January 18, 2011, 10:50:50 AM »
Beautiful.

I think the good parts of the FOPA need some SCOTUS support.  Something to scare the bejeezus into Chi-town, Boston, New York and other busy-body cities with asinine gun laws that act as travel hubs.
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Ben

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Traveler's Gun Arrest Appealed to Supreme Court
« Reply #2 on: January 18, 2011, 11:57:42 AM »
I don't remember this when it happened (maybe it didn't make the news?) but I sure hope the ruling is in his favor.

Quote
"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."

Since the law does not address the circumstances, why, in the United States, is the person not then innocent of a crime?

http://www.foxnews.com/politics/2011/01/18/traveling-mans-gun-arrest-appealed-supreme-court/?test=latestnews
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Brad Johnson

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Re: Traveler's Gun Arrest Appealed to Supreme Court
« Reply #3 on: January 18, 2011, 12:05:12 PM »
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It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
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AZRedhawk44

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Re: Traveler's Gun Arrest Appealed to Supreme Court
« Reply #4 on: January 18, 2011, 12:08:08 PM »
Quote from: Ben on January 18, 2011, 11:57:42 AM


Since the law does not address the circumstances, why, in the United States, is the person not then innocent of a crime?



Win. =D

Why do Judges no longer "get" that?  Sheesh.
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MechAg94

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Re: Revell vs Port Authority going to SCOTUS
« Reply #5 on: January 18, 2011, 12:17:28 PM »
So why did the lower courts disallow the lawsuit? 

The only thing I can imagine to do in that situation is to get a car and drive.  I almost want to say you could call the local police and ask them what to do, but they would probably arrest you anyway.
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Ben

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Re: Revell vs Port Authority going to SCOTUS
« Reply #6 on: January 18, 2011, 12:23:34 PM »
Damn that Brad and his quickdraw keyboard. Topics merged.
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Ben

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Re: Revell vs Port Authority going to SCOTUS
« Reply #7 on: January 18, 2011, 12:29:08 PM »
Quote from: MechAg94 on January 18, 2011, 12:17:28 PM

The only thing I can imagine to do in that situation is to get a car and drive.  I almost want to say you could call the local police and ask them what to do, but they would probably arrest you anyway.

Some of the comments to the Foxnews article are interesting. Some are saying he can't sue the cops, but he could sue the airline. Others say he should have informed TSA and let them hold his weapon (yeah right). Others said it's a states rights issue and NJ had every right to arrest him for breaking their laws.

I don't understand how Federal law regarding free travel for citizens wouldn't handle this. To me, this is one of the few things the Federal government should have authority on -- free and unrestricted travel within the United States for US citizens.
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Headless Thompson Gunner

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Re: Revell vs Port Authority going to SCOTUS
« Reply #8 on: January 18, 2011, 12:51:18 PM »
Wait, guilty?  Was he actually tried and convicted?  I thought he was only arrested.
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Ben

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Re: Revell vs Port Authority going to SCOTUS
« Reply #9 on: January 18, 2011, 01:05:17 PM »
Yes, he was "only" arrested. Then spent ten days in jail and didn't have his personal and legal property returned to him for another three years.

Even if the charges were dropped, the jail time, the criminal record, and detention of his property are worthy of a lawsuit.
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MechAg94

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Re: Revell vs Port Authority going to SCOTUS
« Reply #10 on: January 18, 2011, 02:27:40 PM »
Quote from: Ben on January 18, 2011, 01:05:17 PM
Yes, he was "only" arrested. Then spent ten days in jail and didn't have his personal and legal property returned to him for another three years.

Even if the charges were dropped, the jail time, the criminal record, and detention of his property are worthy of a lawsuit.
Agreed.  If it was just a matter of hours, I can see the Police just saying "my bad" and everyone walking away.  10 days is far too long.  Police departments have to accept some liability for this stuff.  If they were really interested in safety, they could have just had him store the guns at the precinct until his flight instead of arresting him.  It seems to me a small attempt to work with him would have been called for.  Had they done that, he would have been on his way the next flight and everyone would be happy. 
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MechAg94

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Re: Revell vs Port Authority going to SCOTUS
« Reply #11 on: January 18, 2011, 02:59:33 PM »
I guess that is what bugs me about stories like this the most.  IMO, if a guy has a clean record and obviously has no criminal intent, there are times the police should be acting as filters on what situations require arrest & prosecution and what situations don't.  The only time it seems that some of these departments overlook things if when someone is politically connected.   
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Re: Traveler's Gun Arrest Appealed to Supreme Court
« Reply #12 on: January 18, 2011, 03:38:57 PM »
Quote from: Ben on January 18, 2011, 11:57:42 AM
Since the law does not address the circumstances, why, in the United States, is the person not then innocent of a crime?

The federal law granting travel safe harbor does not allegedly contain these circumstances.  NJ state law is very specific. You need a license to have possession of a firearm.
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Re: Revell vs Port Authority going to SCOTUS
« Reply #13 on: January 18, 2011, 06:11:29 PM »
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stevelyn

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Re: Traveler's Gun Arrest Appealed to Supreme Court
« Reply #14 on: January 18, 2011, 08:13:05 PM »
Quote from: Ben on January 18, 2011, 11:57:42 AM
I don't remember this when it happened (maybe it didn't make the news?) but I sure hope the ruling is in his favor.

Since the law does not address the circumstances, why, in the United States, is the person not then innocent of a crime?http://www.foxnews.com/politics/2011/01/18/traveling-mans-gun-arrest-appealed-supreme-court/?test=latestnews

Most laws these days are more about what they are going to allow rather than what they prohibit.
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Re: Revell vs Port Authority going to SCOTUS
« Reply #15 on: January 18, 2011, 10:03:28 PM »
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