Posted on 02/27/2006 3:40:42 PM PST by Coleus
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 Several months after the arrest, all charges were withdrawn and the prosecutor’s case administratively dismissed.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
Sounds like he has a case...
Good deal. Bastards. I normally would pack heat on a vacation, but after reviewing New York City's draconian firearms laws on packing.org, I decided to leave the Glock at home.
Next week I am making the short drive to Las Vegas for a little R & R, and when I cross the state line into Nevada I will be entering a state that allows me to to travel with a pistol loaded and under the seat ;-)
I hope he wins the suit!!!
MIsconduct under the color of athority is becoming all too common!
Sue for 300 million. Settle for 150 million. Go home and start ordering goodies from the Barrett catalog.
The Port folks need to be introduced to 42 USC 1983. They're in deep do-do.
I'd think that Evan Nappen is involved as he is an extraordinary attorney with expertise in NJ gun laws. I know he is very involved with ANJRPC.
I feel for him. I was once diverted and landed in Kennedy with my luggage carrying all those bright orange "Firearm Inside" stickers. I had a lot of fun at the carousel.
What good is a pistol loaded and under the seat?
They should also be pounding calls letters and e-mails into the justice department and the White House demanding that everyone involved be charged with a federal crime under Title 18, U.S.C., Section 242. Send the bastards to jail too.
/not holding my breath
Might throw in 18 UCS 242 as well
Darn. You're right. Just my California habits kicking in.
Will Rudy jump in and address this travesty? Hell no, he won't, but he seems interested in living in the White House. This is just another reason to keep New York in New York, and out of Washington, D.C.
FUHGEDABOUTIT, RUDY!
$3 million?
He should go for 10 million at LEAST!
BTTT!
Sort of depends on how easy it is to reach. There are "holsters" designed to hold a handgun under a car seat, others to hold it behind the visors, just above the windshield. Having it hidden out of view prevents bystanders, and traffic police, from getting a bad case of the vapors, and yet the gun remains at least as accessible, probably more so, as if it were in a waistband or small of the back holster. And it's a lot more comfortable too. It's certainly better than having it laying on the seat and then falling into the passenger foot well when someone forces you to stop quickly in preparation for a carjacking or mugging.
I keep mine in the center console, which works in my vehicle, YMMV, another possibility is in the seat back pocket of the passenger seat. With my "gorilla arms", that is also a very accessible spot.
Mine is in a holster bolted under the dash.
Could be worse. They could have made him attend the local Democrat Party Caucus.
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