US

(Updated) Supreme Court Denies Case of Man Arrested for Traveling With ‘Legal’ Gun

WASHINGTON (AP) — 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.

*UPDATE:

The headline of this story did not originally reflect it’s content. It should have read “could accept” or “might hear” the case. According to recent reports, the Supreme Court has denied the case. From the Associated Press:

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.

Comments (187)

1 2 3 ... 5
  • Rickfromillinois
    Posted on January 18, 2011 at 8:40am

    This is what happens when the bureaucracy takes over. The man did nothing wrong, it was all the airlines fault but even then what damage was done by anyone or where was the criminal intent? Yet neither the TSA or the Port Authority Police let that stop them from throwing the guy in jail for 10 days. Why didn’t the prosecutor throw it out right away?
    I think that the only reason these parade of bozos didn’t go ahead and throw the book at him was because someone realized that if it ever hit the news they would look like complete fools. I also think that the reason it took so long for him to get his firearm back is that they were hoping that he would drop the whole thing and they could hold onto it. If that would have happened they would have probably smugly told themselves that they had gotten one more “gun off the streets”. The man had a firearms dealer’s license. As far as many on the left are concerned that means that you are a neo-nazi, red-neck, merchant of death who will sell any weapon to anyone if given enough money. They probably think that all gun dealers have a “back room” full of machine guns, grenades, and anti-tank weapons just waiting to sell to any radical right wing group.
    There were allot of mistakes made in this case but I also believe that there was allot of below the surface malice involved. Sometimes when you see officials and bureaucrats doing things that makes them look as though they have no common sense, there is something else going on. I think that what we see in this case is them looking for any excuse to give this guy a hard time because he had a fire-arms dealers license, and I think that is why he had such a difficult time getting his fire arm back. Just a bunch of arrogant people looking for a way to jerk around people they disagree with.

    Report Post » Rickfromillinois  
  • love the kids
    Posted on January 18, 2011 at 8:39am

    It’s funny how the other story about the Congresswoman who was shot could lose her seat because of a law that says anyone not performiong their duties for 90 days can be replaced. Then here, due to no fault of his own, the answer is, “the law is the law”. It’s funny that NJ is a Democratic state and they see these things differently.

    Report Post »  
  • The Patriot
    Posted on January 18, 2011 at 8:34am

    Another reason why I don’t fly. When you get on a airplane you cant be sure where you will end up or how long you will be there. Bad weather means you could end up spending your vacation in the airport. Add a wepon and you end up like this.

    Report Post »  
  • true capitalism
    Posted on January 18, 2011 at 8:27am

    hm…..
    Does anyone hear the shredding of our constitution in the background?

    Report Post » true capitalism  
  • Galt wanna be
    Posted on January 18, 2011 at 8:26am

    Blanco has it. So much oppression to the law abiding individuals and turning a blind eye to the real problems. We need a ACLU for decent people….the scum has one.

    Report Post »  
  • Reasonabiliy
    Posted on January 18, 2011 at 8:09am

    Maybe he should have claimed to be leader of the Black Panther party, a peaceful,tranquil group supported by DemoRats.Seems if you belong to that group you can get the nod.

    Report Post » John 3:16  
    • Carl1
      Posted on January 18, 2011 at 8:29am

      That’s why it took so long for him to get his gun back. Had to track down the black panther they gave it to.

      Report Post » Carl1 Supports Israel  
  • Bob Mariner
    Posted on January 18, 2011 at 8:07am

    One thing. Everybody just refuse to go to New Jersey. Make conferences, weddings and all other get togethers in other states.

    Report Post »  
    • TheBees
      Posted on January 18, 2011 at 8:41am

      I wouldn’t go to NJ for any reason! The only way to get me there is kidnap, hogtie, and stuff me in the trunk! Then I’d just escape and leave anyway!

      Report Post »  
  • VerySeniorCitizen
    Posted on January 18, 2011 at 8:03am

    There are many people who, for a long time now, have been INSISTING that each state should be in control of their own laws. So what happened? I guess that idea should apply to everything EXCEPT guns?? If we believe in States rights we have to understand that gun laws vary with each State.

    Report Post »  
    • booger71
      Posted on January 18, 2011 at 9:47am

      The second amendment is an individual right just like the 1st amendment which is not subject to federal, state, or local authority

      Report Post » booger71  
    • Pawhuska
      Posted on January 18, 2011 at 9:58am

      the constutition is the supreme law of the land
      not state federal or local law!

      Report Post »  
    • ALLAMERICANTW
      Posted on January 18, 2011 at 10:32am

      All states in the union radified the constitution before they joined. That means they agree to abide by the constitution. The second amendment states, “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.” Websters dictionary defines infringe as, “fail to observe the terms of: violate. This simply means that as a citizen of the United States we all have a GOD GIVEN right to posses and carry a firearm. Any and all laws requiring any action in order to carry or posses a firearm is unconstitutional. My right to carry is the second amendment. I am a law abiding citizen untill I am legislated into criminality. Its not up to interpitation. The right is simply stated. FACT

      Report Post » ALLAMERICANTW  
  • blanco
    Posted on January 18, 2011 at 8:01am

    I am so glad they are cracking down on the real threats instead of crime and drugs on the border!!! Where’s the sarcasm button?

    Report Post »  
  • Hondaman
    Posted on January 18, 2011 at 7:58am

    Big brother is going to try his best to take away our guns.

    Report Post »  
  • Mr. John Sauls
    Posted on January 18, 2011 at 7:55am

    When the God given Rights are taken by the Government, The God fearing People of the nation shoud stand up together, and peacefully demand those rights back.

    Report Post »  
    • OneFunR6
      Posted on January 18, 2011 at 11:50am

      “They’ will NOT
      GIVE them back ‘peacefully’,

      OUR rightss MUST e taken BACK by FORCE.

      Just as our Founding Fathers had to TAKE them BACK from the English King.

      ALL Progressivism is SOCIALISM.

      ALL Socialism ENDS in Fascism.

      NO EXCEPTIONS.

      Hitler, Stalin, Mao, Castro, Amin-Dada, Pol-Pot, Chavez……

      Report Post » OneFunR6  
    • OneFunR6
      Posted on January 18, 2011 at 11:59am

      PS the text editor that they are using here on the Blaze MUST DIE!

      lol! [yeah, I k-now, hate speech, right?]

      Report Post » OneFunR6  
  • awizard
    Posted on January 18, 2011 at 7:55am

    Come on, everybody knows you don’t go “To/Through” NJ … They try to arrest everyone from out of state ‘specially with a gun. I had problems there years ago just driving through … ‘spent 2 weeks in jail, they killed my dog, and I never did get my unloaded shotgun back … ‘didn’t have the money to fight it … I hope this guy wins, though I doubt he will …

    Report Post » awizard  
  • pavnvet
    Posted on January 18, 2011 at 7:53am

    Seems like common sense…Oh, wait what could I be thinking. This was the New York/New Jersey Port of Authority….please note the last word in their name. They have always been high handed. The POA cops are especially rude…must be from all the car and jet exhaust they breath.

    Report Post » pavnvet  
  • briar101
    Posted on January 18, 2011 at 7:50am

    This is a textbook case of putting the letter of the law ahead of the spirit of the law.

    Report Post » briar101  
    • mrclean
      Posted on January 18, 2011 at 12:37pm

      Right.

      This thing stinks to high heaven. Isn‘t this ’event’ one that should be red flagged as unconstitutional?

      Report Post » mrclean  
  • Justus39
    Posted on January 18, 2011 at 7:49am

    You cant profile blacks,muslims or criminals but a person trying to abide by the law can be treated like this.
    I cant believe how stupid Americans have become and how we act like sheep. Unfortunately I consider to have one thing in common with Eric Loughner,I do not trust government.

    Report Post »  
  • chickster
    Posted on January 18, 2011 at 7:47am

    Mr Christie, any thoughts on this??

    Report Post » chickster  
    • apollo18
      Posted on January 18, 2011 at 9:05am

      Of course he has thoughts on this. Last month, he commuted the sentence and “fired” the judge that mishandled the case of a man sentenced to 7 1/2 years in prison for moving into NJ with a gun he brought from Idaho (?). Lawsuits are for those that can‘t or won’t, get it right the “free” way. The Governor can’t balance the NJ budget if they are being sued left and right because of tyranny.

      Report Post »  
  • Islesfordian
    Posted on January 18, 2011 at 7:45am

    Why are states required to recognize each other’s drivers liscences but not gun liscences?

    Report Post » Islesfordian  
    • booger71
      Posted on January 18, 2011 at 9:45am

      Because we the people have let them do it. This is like there are different rules in each state for freedom of speech.

      Report Post » booger71  
  • benrush
    Posted on January 18, 2011 at 7:40am

    wait a minute wait a minute. Think carefully before you permit the federal government to overturn state laws.

    That’s been a progressive hallmark for a hundred years.

    Report Post »  
    • Islesfordian
      Posted on January 18, 2011 at 7:51am

      This should fall under the “full faith and credit” clause of the Constitution.

      Report Post » Islesfordian  
  • TAKEITBACK
    Posted on January 18, 2011 at 7:39am

    NJ a great place to be FROM!

    Report Post » TAKEITBACK  
    • David286 - FL
      Posted on January 18, 2011 at 1:07pm

      Agreed – born there and will NEVER return as long as they have these unconstitutional draconian laws on the books.

      Report Post » David286 - FL  
  • grandmaof5
    Posted on January 18, 2011 at 7:39am

    Good luck on this one. Since it seems that it depends on the judge you get and how they interpret the law, hopefully the Supreme Court will find in his favor.

    Report Post »  
  • Bluefish49
    Posted on January 18, 2011 at 7:39am

    This a good example of why you should take the additional CC training for the states that have reciprocating agreements with all other states so that no mater where you go in the US you will be legal to carry…..but to comment on the above…this is a prime example of a bunch of overpaid un-qualified union thugs doing what they do best…..bully the innocent while letting there union brothers rob and pillage.

    Report Post »  
    • orcainohio
      Posted on January 18, 2011 at 8:07am

      Bluefish what don’t ya understand about the 2nd amendment? Maybe we should make some folk get a licence for travel that way they don’t get wrongly inslaved?

      Report Post »  
    • Bluefish49
      Posted on January 18, 2011 at 9:05am

      To ORCAINOHIO….just because the 2nd Amendment gives “us” the right to bear arms..it does come with personnel responsibilities. The CCP was established so that “we” can carry our handguns legally. We are now living in the 21st Century and the game rules are changing daily…and not for the best, we must adapt and evolve as the “New Conservative Party”. Rememeber we are better than them.

      Report Post »  
    • GenEarly
      Posted on January 18, 2011 at 9:06am

      CC Permits are not recognized from state to state nationwide.Some states have reciprocal agreements but far from nationwide. It is amazing that a “right’ listed as the 2nd amendment to the US Constitution carries less state-wide acceptance than a drivers license which is a “privilege” and subject to legal revocation.

      Report Post » GenEarly  
    • Slyerone
      Posted on January 18, 2011 at 9:23am

      It would be nice if that were true but unfortunately there isn’t such a liscense. The wonderful State of California doesn’t allow anyone to CC unless liscensed in the State of California and only residents of the State can obtain a liscense. So basically, no visitor in the State can legally CC. I don’t know if other States are the same but I would imagine there are others out there.

      Report Post »  
    • booger71
      Posted on January 18, 2011 at 9:43am

      The right to bear arms is an individual right not subject to federal, state, or local authority.

      Report Post » booger71  
    • Bluefish49
      Posted on January 18, 2011 at 9:55am

      To Booger71…..really…are you serious…time to trade in that black and white for a high def and join the party……I mean for Christ’s sake…they remade “True Grit”…..nothings sacred anymore so you either have to crawl back into the cave or become part of the 21st Century.

      Report Post »  
    • booger71
      Posted on January 18, 2011 at 10:17am

      Bluefish49

      I would rather live by the Constitution as it is written, not how progressives wish it was.

      Report Post » booger71  
  • sbynyc
    Posted on January 18, 2011 at 7:37am

    This case is much, much more important than a “good guy” winning. It‘s about time there is a license to possess a firearm recognized in all 50 States like a driver’s license.

    Report Post »  
    • IndependentThinker
      Posted on January 18, 2011 at 8:57am

      I don’t think we want to give the Feds authority to licence firearms nationally. That only gives them the ability to regulate them nationally. Why not get rid of licensure of weapons completely? Seems more simple to me. Better yet, never visit (or connect) in states that don’t uphold our RTKBA.

      Report Post » IndependentThinker  
    • Pawhuska
      Posted on January 18, 2011 at 10:06am

      isn’t a license an infringment?
      would you get a permitt to attend church?

      Report Post »  
    • diesel71dan
      Posted on January 18, 2011 at 11:08am

      There IS a license like that. It’s called The Bill of Rights!!!! More licensing and regulations IS an INFRINGEMENT!!!! The fact that I need a permit to conceal carry is an INFRINGEMENT. The 2nd amendment does not state that my right to bear arms will not be ELIMINATED it states my right SHALL NOT BE INFRINGED!!!!!!!!!!!!!!!! Please tell me how many ways that can be interpreted. SHALL NOT BE INFRINGED

      Report Post »  
  • Xcori8r
    Posted on January 18, 2011 at 7:37am

    Another case of terminal government FUBAR. But what do you expect from a bunch of mindless, careless overreaching legislators, bureaucrats and judges that have lost sight of their responsibility to the Constitution and to their fellow citizens.

    Report Post » Xcori8r  
    • ANTISOCIAL-IST
      Posted on January 18, 2011 at 9:30am

      i dunno. how ’bout some more regulation and taxes??

      Report Post » ANTISOCIAL-IST  
    • mrclean
      Posted on January 18, 2011 at 12:30pm

      This is a case of denying a person his rights…… to even consider denying a citizen the right to sue on grounds of unconstitutional siezure not to mention arrest, is a step too far. This lack of flexibility in judges, when life itself is neither black nor white but loaded with gray areas, is akin to ripping up and tossing out the Constitution. Our Constitutional rights are being shuffed up our @sses IMO…

      Report Post » mrclean  
  • Ironmaan
    Posted on January 18, 2011 at 7:36am

    The Second Amendment’s “the right of the people to keep and bear arms shall not be infringed” is pretty clear! IT SHALL NOT BE INFRINGED!!!!!
    http://guerillatics.com

    Report Post »  
    • chuck
      Posted on January 18, 2011 at 8:25am

      http://www.youtube.com/watch?v=qKQuxEiK3FI&feature=player_embedded

      Report Post »  
    • Pawhuska
      Posted on January 18, 2011 at 9:52am

      A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
      notice the commas.
      the first parts are intoductory clauses the sentence is the last part!
      the first part could have said anything but that is not the amendment!!
      they could have said
      Ice cream is good, and it is cold, the right of the People to keep and bear arms shall not be infringed!
      a sentence diagram (do they teach that in school anymore?) would prove the point

      Report Post »  
    • Dustyluv
      Posted on January 18, 2011 at 9:55am

      No guns for Chuck…

      Report Post »  
    • J.C. McGlynn
      Posted on January 18, 2011 at 1:06pm

      IronMaan: They need a dictionary to understand the words.

      Report Post » J.C. McGlynn  
    • Maibus
      Posted on January 19, 2011 at 2:28am

      All things have limits so long as you can twist the translation of the verbage…go liberals…ruining this country since their foundation.

      Report Post »  
  • exATCer
    Posted on January 18, 2011 at 7:28am

    Hope he wins!! Let’s see one for the “good guys” for a change….

     
    • cnsrvtvj
      Posted on January 18, 2011 at 7:32am

      We are going to hear a lot more about gun control after the Arizona tragedy. The problem is that they will not have any impact on guys like Jared Loughner. Crazy people don’t care about laws. 3 of the 5 worst shootings at schools were in Germany where they have the strictest gun laws in the world. Columbine ranked #4.

      http://www.donsmithshow.com – See the Sharpton vs. Limbaugh video.

      Report Post » cnsrvtvj  
    • Ironmaan
      Posted on January 18, 2011 at 7:38am

      How many ways can you interpret “SHALL NOT BE INFRINGED” ?
      http://guerillatics.com

      Report Post »  
    • Geraldo
      Posted on January 18, 2011 at 7:45am

      Maybe he should have let the gun go to Newark by itself! Then what would happen!

      Report Post »  
    • Geraldo
      Posted on January 18, 2011 at 7:46am

      The depends on what the definition of ‘is’, is.

      Report Post »  
    • TexasCommonSense
      Posted on January 18, 2011 at 7:46am

      I hope he wins, too. The man was following the rules. It amazes me how these clowns try to make up the rules as they go. They realized it was due to no fault of his own, but they still arrested him. People, there’s this thing called “intent”; an intelligent person would take that into account. That is, unless they were pushing their agenda.

      Report Post » TexasCommonSense  
    • joespeaking
      Posted on January 18, 2011 at 7:53am

      NJ is most deffinitely a POLICE STATE–having lived there the best I can say “ its great to be out of that state” I got a ticket for having a GPS sitting on the dash board of a F150–said it blocks the view–while the cop car had a 17 inch computer screen sitting above the dach board– a crazy state.
      Just another case of idiots running the sate

      Report Post »  
    • oldguy48
      Posted on January 18, 2011 at 8:02am

      If the supreme court was actually doing it’s job, it would strike down every anti-gun law across the country. There is no if, and or but in the constitution.

      Report Post »  
    • xxxPatriot
      Posted on January 18, 2011 at 8:15am

      Government Gone Wild!

      Report Post »  
    • Highland
      Posted on January 18, 2011 at 8:26am

      This is insanity. We must take back the Second Amendment, or the First will disappear, too.

      Report Post » Highland  
    • religion-gunclinger
      Posted on January 18, 2011 at 8:42am

      A law abiding citizen in a bad situation, lock him up ! But a hardened criminal, treat with respect and a innocent until proven guilty approach. Typical liberal run state, good luck Gov. Christie

      Report Post »  
    • Xcori8r
      Posted on January 18, 2011 at 11:05am

      This is hopeful news. There is more than just this poor guys predicament at stake. It might be an opportunity to install some substance into the liberal vacuum.

      Report Post » Xcori8r  
    • Highmiles
      Posted on January 18, 2011 at 11:22am

      Booger, perhaps you don’t understand what is meant by the 2nd Amendment. It is inalienable right. That means a right given to every man by God. It is also means that the neither Federal, State, of Local Governments should have any control over that right. Our Founding Fathers were explicit and firm on that. It has all ready been decimated, and your support of ANY regulation is contrary to the 2nd Amendments intent.

      Report Post »  
    • Highmiles
      Posted on January 18, 2011 at 11:23am

      Sorry Booger, that was for Bluefish.

      Report Post »  
    • J.C. McGlynn
      Posted on January 18, 2011 at 12:36pm

      Now you why I try to stay out of the state of “Nazi Jersey.” Those morons used to arrest out of state cops who were transportind criminals when carrying issued hollow point ammo in their own jurisdictions. Took a federal judge to stop it.

      Report Post » J.C. McGlynn  
    • Sam I am
      Posted on January 18, 2011 at 2:02pm

      Another stupid gun law that made some politician feel good, but did nothing as far as crime.

      Report Post » Secret Squirrel  
    • AzDebi
      Posted on January 18, 2011 at 2:39pm

      @TexasCommonSense: “the rules. It amazes me how these clowns try to make up the rules as they go.”….Yep…I think it’s called COMMUNISM!

      Report Post » AzDebi  
    • TexasCommonSense
      Posted on January 18, 2011 at 3:32pm

      AzDebi, you’re right. After all, the Communist Party USA does support the current administration. That says it all. Here’s a link to it on their site.

      http://www.cpusa.org/2010-elections-unity-can-win/

      Report Post » TexasCommonSense  
    • walkwithme1966
      Posted on January 18, 2011 at 4:39pm

      I don’t understand – if Federal law says that a person who has a legal firearm in one state can travel thru another state if the gun is unloaded and not accessible – why did he get arrested? I don’t understand! http://wp.me/pYLB7-wA

      Report Post » walkwithme1966  
    • Patriot12
      Posted on January 19, 2011 at 1:54am

      Does anyone wonder why people are starting to hate our government?

      Report Post »  
    • Xcori8r
      Posted on January 19, 2011 at 12:04pm

      The update — Supremes deny

      We are on an icy Pittsburgh hill.

      http://www.dojgov.net/Liberty_Watch.htm

      Report Post » Xcori8r  
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