Big lawsuit coming to NJ--Gun owner unlawfully jailed

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hillbilly

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http://www.anjrpc.org/fopalawsuit.htm




ANJRPC SUES NY/NJ PORT AUTHORITY FOR JAILING HONEST GUN OWNER

February 27, 2006 - The Association of New Jersey Rifle & Pistol Clubs, Inc. (ANJRPC) announced that it has commenced a lawsuit against the Port Authority of New York and New Jersey and one of its police officers for wrongfully arresting and imprisoning for nearly five days a 57-year old Utah man delayed at Newark Airport by a baggage error while traveling from Utah to Pennsylvania.

The lawsuit seeks more than $3 million in damages for civil rights violations and a permanent injunction forcing the Port Authority to follow Federal law on interstate transport of locked, unloaded firearms that have been secured in luggage and declared by law-abiding citizens.

The Utah man, Gregg Revell, a real estate broker and family man with no criminal record and a Utah firearms permit, was flying alone from Salt Lake City, UT to Allentown, PA to retrieve a car he bought and drive it home. He was travelling with a firearm for personal protection. As required by Federal law, the firearm was unloaded, cased, locked and inside his luggage when he declared it at check-in in Salt Lake City on March 31, 2005.

Due to an airline-caused baggage error, Mr. Revell missed his connection from Newark to Allentown and had to stay overnight in New Jersey. When he checked in at Newark Airport the next morning to complete his travels, he again declared his firearm, as required by FAA regulations. He was then arrested for possession of a firearm without a New Jersey state license, and imprisoned in Essex County jail for five days until his family arranged bail, which had been initially set unusually high at $15,000 cash (no bond).

But Mr. Revell’s travels were protected by the Firearms Owner Protection Act, a Federal law passed in 1986 to protect law-abiding citizens who travel with firearms. (See 18 U.S.C. § 926A.) That law trumps state and local gun laws and protects interstate travel with firearms under certain circumstances, all of which were present in Mr. Revell’s case. Several months after the arrest, all charges were withdrawn and the prosecutor’s case administratively dismissed.

"The Port Authority blatantly violated Federal law when it arrested Gregg Revell," said Scott Bach, President of the Association of New Jersey Rifle and Pistol Clubs and a member of the NRA Board of Directors. "Those charged with enforcing the law have a special responsibility to follow it themselves," Bach continued. "Mr. Revell’s arrest is part of a pattern of similar misconduct by the Port Authority throughout the New York-New Jersey metropolitan areas."

"This lawsuit is intended to send a signal not only to the Port Authority but to every agency and officer responsible for policing our airports and highways: if you violate the rights of law-abiding gun owners, you will be held fully accountable." The lawsuit also names the arresting Port Authority police officer, Scott Erickson, as a defendant.

Once inside Essex County prison, Mr. Revell was subjected to numerous atrocities. He was thrown into a holding cell with 28 inmates, many of whom were admitted murderers and rapists. He endured a repulsive vomit-covered bed and toilet, was denied his blood pressure and migraine medication, innoculated against his will, given inedible food, strip-searched, and left only with his wits to survive.

"I did nothing wrong yet was arrested and subjected to the worst treatment imaginable for almost a week," said Mr. Revell, who has 8 children, 8 grandchildren and has been married for 36 years. "I brought this lawsuit together with the Association of New Jersey Rifle & Pistol Clubs because I want to stop this kind of abuse from ever happening again," said Revell. "No one should ever have to experience what I experienced," he said. "I paid the price, but I’m committed to making sure no one else does."

View a copy of the Complaint here

View a copy of the Firearms Owner Protection Act here
 
One small factual error in the press release: Utah does not have firearms permits as such; they were probably referring to a Concealed Firearm Permit. I hope Mr. Revell prevails.
 
Hope he wins to, but the problem is the Cash will just come out of us taxpayers in the end, fining .gov agency's is a waste of time IMHO, what is needed is either Jail-time or Severe Penalties for the ones who perpetrated the wrongdoing, government agency or not.:fire:
 
This lawsuit is intended to send a signal not only to the Port Authority but to every agency and officer responsible for policing our airports and highways: if you violate the rights of law-abiding gun owners, you will be held fully accountable.

What New Jersey needs is 1,000 such law suits: it might—just might—start to get the message.

...the problem is the Cash will just come out of us taxpayers in the end...

If we, the people get tired of picking up the tab for our supposedly "representative" government, we'll throw the bums out and replace them with people who truly do represent us. If it doesn't cost money, nobody places any value on it, sad to say.
 
I dont beleive Port Authority is actually a state agency. I think they are a private corporation under state control, kind of like the federal reserve. Anyway, they have deep pockets and no sovereign immunity, so this should be entertaining.

I think. I havent had time to research the details of this case.
 
FYI the PA doesnt answer to NJ or NY.... They will give you the run around, "Ah NY takes care of that, then no NJ takes care of that" bs. :what: They like their own little country stuck better a bad place and something even worse
 
Violation of civil rights under color of authority is a federal felony under USJC title 18, All officers should be charged with a felony from the arresting officer upward in rank. The have violated Federal Law and due to this SHOULD be punished criminally (jail mandatory) and then civilly. This is the only way to stop it.
 
The case was filed in federal district court ...... the same one Judge Sam Alito just left to take the job at the Supreme Court. Some coincidence, huh?

Anyway, he also ran afoul of the dreaded NJ hollowpoint law. Tsk, tsk!

$15,000 is a lot for bail. Normally it is $5,000 with 10% cash for NJ residents. Out of state residents get to pay the entire bail up front. Guys with priors have bail set at $10,000. This guy's bail was really high.

He also was in the wrong terminal. Had he been in the other terminal he would have been in Union County instead of Essex County. The prosecutor's office there is more forgiving.

Typically, NJ LE agencies don't return firearms without a court order. CYA.

I will bet a cup of cold coffee that the PAPD officer is a former NYPD officer who transferred over after 911. I know some PAPD officers and they are pretty decent guys.

I doubt he will see anything near $3 million. The court will probably say that the officer acted in good faith as he understood the law. After all, it took the prosecutor months to figure things out.
 
Being devil's advocate, I want to point out that there is no proof the officer in question purposely violated the Firearms Owner Protection Act. To some of the less trained officers in the world, the State laws mean everything, and this particular officer maybe didn't know about the federal law.

I think this will come down to a training issue with the officer, hopefully he will be let off the hook. This just makes me angry at the PA and the State of New Jersey.
 
Add another thing to the list....

(Sigh) This story is just another reason to add to my list of reasons for eventually getting the hell out of The Democratic Peoples Republic of New Jersey and move back to my birthplace of Pennsylvania which was, last time i checked, still part of the United States of America.
 
oh man that is the worst jail to get locked in.poor man.that place is full of scum.but so are port auth cops, dont give acrap about rights,this state donts care about gun rights.i feel really bad for him,5days must of felt like forever.
 
one more reason to stay the hell outa jersey, that place is horrible and one of the worst places to live. Their goverment and courts are so screwed up it is beyond words.

I hate the lawsuit culture we have become, but this is something that is actually worthy of a lawsuit. If some moron can sue cause she didn't know the coffee was hot and a guy that had his cival rights severly violated we have gone completly ass backwards.
 
. . . there is no proof the officer in question purposely violated the Firearms Owner Protection Act.
So if I inadvertently break a law I'm not aware of, my lack of intent gives me absolution?
 
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I'm orginally from NY.
This guy is NOT the first to be arrested for illegally carrying or posessing.
It happens all the time and a lot of the arrestees are LEO's from out of state.
NY and NJ do not recognize the Fed law about interstate transport. They both have ignored it for years.

AFS
 
NY and NJ do not recognize the Fed law about interstate transport. They both have ignored it for years.

I thought that was the case, and I seem to remember an earlier thread on this subject...

But maybe this time a Federal Court may change their minds. :evil: :D
 
I hope he wins and wins big.

The interstate transport provision of the FOPA trumps ANY state laws that conflict with it.

There was a vote once to exempt handguns from the provision but thank goodness it failed!

Otherwise this guy would be in a deep crap.
 
It happens all the time . . . NY and NJ do not recognize the Fed law about interstate transport.
Actually, they don't have a CHOICE about recognizing the Federal law.

Hmmm. . . this happens all the time, there are multiple jurisdictions doing it . . . sounds like they're conspiring to violate Federal law.

Is application of the RICO statutes a possibility, or will it take their nailing someone with deep pockets before this happens?
 
Perhaps someone can clarify for me. Doesn't the "Peaceable Journey" statute require uninterrupted travel to be valid?

My understanding is that even stopping for gas in an anti state while travelling from a saner state to another saner state would technically strip me of FOPA protection.

Seems to me he might have been afoul of NJ law because of circumstances beyond his control. Just not sure his case will hold up...
 
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