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What was real holding for not letting Revell sue NJ Police?

Discussion in 'Legal' started by bushmaster1313, Jan 23, 2011.

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  1. bushmaster1313

    bushmaster1313 Member

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  2. Davey Wavey

    Davey Wavey Member

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    After reading the quote at the bottom of the article I'm taking it as...

    "Yeah this guy totally got reamed but hey, crap happens, right?"

    Then it goes on to say

    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."

    So in a way it sounds like even the court thinks it's a crappy situation but at the same time the law is the law. Perhaps some good can come of this, a law change?

    I feel so bad for this guy. He got screwed royally for using reasonable logic.

    At least, according to the article, charges were dropped so I guess that means no conviction on his record?
     
  3. bushmaster1313

    bushmaster1313 Member

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    It seems to me that he might have been suing for wrongful arrest or civil damages, and if that is the case he lost this really wasn't a 2nd Amendment case.

    Anyone know what the cause of action was and why it was dismissed on appeal to the Circuit?
     
  4. Frank Ettin

    Frank Ettin Moderator

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  5. leadaddict

    leadaddict Member

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    "Stranded gun owners like Revell have the option of going to law enforcement representatives at an airport or to airport personnel before they retrieve their luggage. The careful owner will do so and explain his situation, requesting that his firearm and ammunition be held for him overnight."

    According to the Circuit Court decision referenced above, this is the right way to handle such a situation. While it's not a fun option, it would sure been 10 days in jail...
     
  6. brboyer

    brboyer Member

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    Simple: 18 USC 926A is an only affirmative defense to state charge.
    There is no requirement that the government of NJ or any other state has to take it into account prior to any arrests for violations of state laws.
     
  7. Polish_Pounder

    Polish_Pounder Member

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    Would it have even be legal for him to leave his gun with airport personnel over night? They probably would have charged him with furnishing a gun to an unauthorized person. These types of laws are ridiculous.
     
  8. Standing Wolf

    Standing Wolf Member in memoriam

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    I give up. Where does it say that in the Second Amendment?
     
  9. Kim

    Kim Member

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    How was this guy supposed to know to do what the court said??? There is no law stating this is what he is suppposed to do. They just made that up out of very thin air!
     
  10. Frank Ettin

    Frank Ettin Moderator

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    How do any of us know how to do anything? We don't have comprehensive written instructions telling us how to handle every situation we're going to have to face in life.
     
  11. bushmaster1313

    bushmaster1313 Member

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    Case was brought pursuant to 42 U.S.C. § 1983, seeking to impose liability upon the Port Authority of New York and New Jersey ("Port Authority") and Port Authority Police Officer Scott Erickson for arresting him under New Jersey's gun laws and seizing his firearm and ammunition.

    This is an example of hard cases make bad law.

    Revell was suing the state and the officer for money based on a wrongful arrest. The Courts are inclined to go out of their way to find in favor of the state and police officers in cases like this.
     
  12. Sebastian the Ibis

    Sebastian the Ibis Member

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    Bushmaster1313 nailed it. This is essentially a malicious prosecution case. Therefore Revell had to prove that 1. the arrest was wrongful, and 2. the officer should have known the arrest was wrongful. This was not such an egregious situation that the officer should have know the arrest was wrongful (i.e. cop beats a guy up and frames him for something else to justify the beating- and gets caught doing it) this was more of a situation where Revell technically sort of violated the law, but even NJ would not prosecute him for it. On those facts you can never show that a cop knew that the arrest was absolutely wrongful which was Revell's burden.

    Also, Revell's attorney was an idiot. This case should never have been brought in New Jersey!!!!! If you are a pro-RTKBA attorney and you have the choice like Revell's attorney did file the case in Idaho, N. Florida, West Texas or any other gun loving area.
     
  13. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    Hold the freakin' phone.

    An NJ gunowner, having been abused by his state ad nauseum, and having been whipped and cowed into submission, would reflexively seek the sanction of his government to do something as audacious as to take posession of his own guns.

    Meanwhile, elsewhere in America, guns have not taken on that kryptonite radioactive glare that they have in NJ, and so they wouldn't necessarily even see any reason to think twice about the matter.

    Case in point: a fellow I knew once, D, moved into NJ from elsewhere in America as a late teen. As was his habit back home, he took his BB gun and some tin cans into the woods, which happened to be a town park.

    As he tells the story, Absolute Mayhem ensued, culminating in a very bewildered D being clapped into irons and given the Full Felon Greeting.

    People who don't live here just don't understand that the Dark and Fascist State of NJ just doesn't Want You Armed. Period.
     
  14. Sebastian the Ibis

    Sebastian the Ibis Member

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    see

     
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