Revell v. Port Authority

[1066]

Looks like the Supreme Court denied Revell's petition for a writ of certiorari today. This is a fairly bad result since it pretty much leaves us with the position that we can never take possession of firearms at an airport until we reach a legal destination.

In essence, Revell was delayed in his travel plans, and had access to his firearm on an overnight stay in New Jersey. The appeals court pretty much determined that since he had access to his firearm during the overnight stay, the provisions of Section 926A for the interstate transportation of firearms did not apply. He is just real lucky they did not pursue the felony here.

Here is the link to the Third Circuit ruling that now stands as law in that circuit. BE VERY CAREFUL FLYING INTO THIS CIRCUIT'S JURISDICTION:

http://www.ca3.uscourts.gov/opinarch/092029p.pdf

 

[badguybuster]

Good Lord. What a crock of manure!!! Read carefully fella's. This could happen to any of us. Seems to me that the airline should be liable in some way.

 

[BarbC]

I almost always fly with guns. I usually fly from Scranton/Wilkes-Barre because of the PA gun laws. I avoid flying from Newburgh, NY.

Wouldn't you know my plane was diverted from Detroit and instead of going to Scranton, I had to go to Newburgh. My luggage with the guns went to Pittsburgh (???) instead of Newburgh, and then ended up in Scranton. I was upset back then but now I see that was probably a fortuitous mix-up.

 

[watchmanjimg]

I think NJ's gun laws are a crock myself, but how does this case change anything? The fact is that it was unlawful for Revell to possess these items in NJ, and he knowingly did so. The Supreme Court didn't create this situation, Revell did.

Here's an old case where the defendant involuntarily landed in NY while in carrying an unlicensed firearm. His charge was dismissed, and properly so, but unlike Revell he had no opportunity to exercise free choice:

http://wings.buffalo.edu/law/bclc/web/nynewton.htm