New Jersey Citizens Likely to Pay for Cops Malfeasance

[fastpat]

I hope that this man reams New Jersey good, too bad the cop will likely get nothing more than a handshake from his superiors instead of being charged with violating federal criminal law by a US attorney. Fat chance that will happen, though the federal statute is clear. This really could be a good Second Amendment case.

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 Several months after the arrest, all charges were withdrawn and the prosecutor's case administratively dismissed.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."

<http://www.anjrpc.org/ANJRPC-vs-PortAuthority.pdf>View
a copy of the Complaint here

<http://www.anjrpc.org/fopa.htm>View a copy of
the Firearms Owner Protection Act here

[Moses]

Sounds like a PortAuthority agent has a personal problem with firearms. I hope Mr. Revell wins his case. Any chance the ACLU helps him out?

As an aside, I'm shocked by the growing number of law enforcement officers who have bought into the whole gun control thing. Pretty stupid.

[gaijindabe]

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...

Very interesting. What are these circumstances? A lot of NY hunters get in trouble taking roads in NJ between points in NY..

[svandamme]

the part about "sending a clear message" is BS if you ask me
if you simply want to send a message, then why do you need to claim 3 million dollars? nope , i don't buy it, it's just another attempt to get rich quick...

[Moses]

Originally posted by svandamme
the part about "sending a clear message" is BS if you ask me
if you simply want to send a message, then why do you need to claim 3 million dollars? nope , i don't buy it, it's just another attempt to get rich quick...

Sometimes it's important to punish tyranny. Money may be the only thing that gets their attention. It's the universal language for "You F-ed up!"

[red-beard]

The ACLU is 'neutral' on 2nd amendment issues. They prefer to 'not get involved'.

So much for 'civil liberties'. They'll help out the bad guys, but won't help the good guys.

[fastpat]

Originally posted by gaijindabe
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...

Very interesting. What are these circumstances? A lot of NY hunters get in trouble taking roads in NJ between points in NY..

My understanding of the law is that as long as the person in possession of the firearm is in lawful posession in his state of origin and in the destination state he is protected by the law. Until individul cops are charged with violating individual rights under color of authority this wil continue.

[svandamme]

Originally posted by fastpat
Until individul cops are charged with violating individual rights under color of authority this wil continue.

this will never happen
and that also explains why a 3 million dollar claim has no other use then trying to get rich quick.

[gaijindabe]

An interesting case indeed.

Weekend mornings are a turkey shoot for NJ cops along Rt 4 & 17. Effect on public safety? Close to nil. A tax by townie cops.

[Taz's Master]

Why is this not a case of state's rights? Why shouldn't the tyrannical federal government let NJ determine who can posess firearms within its borders?

[gaijindabe]

It is the passing though part that does not pass the smell test. You can't let one state hobble free travel.

It is not like, "hey we are allowed to rob banks at home.."

The gun in question is perfectly legal - if you go thought the BS paperwork and get the permit. Too onerous for a fellow traveling through..

[fastpat]

Originally posted by Taz's Master
Why is this not a case of state's rights?

You mean state's powers, governments don't have rights, only humans have rights. The Constitution curbs state's powers in certain limited ways. The Second Amendment was intended to be a limit on both the federal government and the state governments, it's pretty plain from the language differences from the First Amendment which limits congress and has been extended to the state governments through the 14th Amendment.

Why shouldn't the tyrannical federal government let NJ determine who can posess firearms within its borders?

When New Jersey joined the Constitutional compact they agreed to abide by it, and unless they secede they'll have to continue to abide by the Constitution and the laws legitimately passed under it. There are several articles of the Constititution that apply as well as several of the Amendments. The Right to Travel unimpeded from one place to another has been upheld in numerous court cases.

[RickM]

Originally posted by Moses
I'm shocked by the growing number of law enforcement officers who have bought into the whole gun control thing. Pretty stupid.

To make it worse law abiding citizens in NJ are not allowed to own "assault rifles" yet law enforcement personnel (including retired) are.

[NICKG]

Originally posted by gaijindabe
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...

Very interesting. What are these circumstances? A lot of NY hunters get in trouble taking roads in NJ between points in NY..

they don't like guns here...only crooks and cops are allowed to get a gun in nj...especially a handgun. If you only knew how hard it was to get a gun legally here you crap yourself...state law...county law...town law....it takes a literal act of the town council where i am...after the interviews and background checks....

[NICKG]

Originally posted by RickM
To make it worse law abiding citizens in NJ are not allowed to own "assault rifles" yet law enforcement personnel (including retired) are.

tell me about it...i had a awesome bushmaster car 15 with the 11.5 barrel and folding stock....had to give it to my brother or they would take it....pissed me off bigtime

[RickM]

Originally posted by NICKG
they don't like guns here...only crooks and cops are allowed to get a gun in nj...especially a handgun. If you only knew how hard it was to get a gun legally here you crap yourself...state law...county law...town law....it takes a literal act of the town council where i am...after the interviews and background checks....

Wasn't hard for me. After the Firearms ID it's merely going to the police station to the permits. If the town makes it harder or restricts the number of permits then they are violating your rights.

[fastpat]

Rick and Nick, you both need to vote with your feet and leave the state. You don't need to go far, Vermont is close by.

[RickM]

Originally posted by fastpat
Rick and Nick, you both need to vote with your feet and leave the state. You don't need to go far, Vermont is close by.

From what I hear Vermont isn't for me.

Like I mentioned I had no problems with permits. Some towns are very tough though. I'll continue to vote for who I think will make a difference.

[Jeff Higgins]

I agree whole heartedly with the principle that police officers (and public servants in general) should, at times, be held individually liable for their actions while performing their public duties. While that could very quickly get out of hand, and I understand the need to shield them at least somewhat, there are cases (like this one) where there is a clear need to do so.

It can be argued very convincingly in this case that officer Erickson chose to ignore law in which, in his position, he must have been very well trained. He apparently chose to break that law to push his personal firearms agenda. If this does in fact go higher than Erickson, i.e. it is some departmental (or higher) level policy, then whoever penned it should be prosecuted. Fining the department for the illegal actions of its employees does no good whatsoever. That's been shown time and time again accross the country. Maybe jailing the scofflaws within those departments would send a message they would finally listen to.

[NICKG]

i live 15 miutes from orange county ny, i'd go there but taxes are too high...and pensyltuckey is 35 minutes, but it makes for a less than complete life living in that part(lot of rednecks). I can get one, it's just a hassle...needlessly. in the town I live in the police cheif has final say