I believe the case that Howdy and srothstein are referring to is Revell vs Port Authority of New York and New Jersey.
You can read about it here: https://www.leagle.com/decision/infco20100322054
The point they’re making still holds, but some of the details are a little off.
Revell was travelling from Utah to Pennsylvania by way of Newark. His plane was delayed getting into Newark and he missed his connecting flight. The airline was going to bus them the rest the way to Pennsylvania but when he got on the bus, he discovered his luggage had not been put on the bus. He got off the bus to go look for his luggage and by the time he found it the bus had departed.
He tried to get on a later flight but couldn’t, so he went to an airport hotel for the night. The next morning he checked in to another flight to Pennsylvania. When he told the agent he was checking a firearm as per local SOP the agent told a Port Authority cop who asked Revell for a NJ firearms permit. Since Revell didn't have one the cop arrested him for illegal possession of the gun AND hollow point ammo. Depending on source he spent either four days or 10 days in jail before being released. The charges were later dropped, but his firearm, ammo, gun case, and locks for the case were kept by the police.
He sued the cop and the Port Authority in federal court for wrongful arrest under FOPA and for the return of his property. The state eventually returned his firearm and other property, but not until two years after his arrest.
District Court did indeed rule that FOPA didn’t apply because a) when he took possession of his luggage that made Newark the destination of his journey and the subsequent leg was a new journey; and b), FOPA applies only to vehicular trips, not airline travel. Also ruled the cop had immunity so Revell couldn’t sue him anyway.
Revell appealed to the Circuit Court which upheld the District Court, and the Supreme Court declined to review an appeal.
JFK and La Guardia also treat gun owners similarly. In one case a gun traveler, who otherwise would’ve been legal, was arrested along with his wife and his gun confiscated, because he could not prove ownership of the handgun. I had never thought of this before, but you may want to carry with you some kind of proof that you own the firearms that you’re traveling with it. I’m not sure I could put a finger on every receipt for every gun I’ve ever bought it.
In another case, a gun owner was denied boarding an airplane because although he had all the proper documentation for the New York, end, he didn’t have anything that said he was allowed to have a gun in his destination of Arizona. Of course Arizona doesn’t require you to have any such documentation, but the cop was ignorant of this and didn’t care that he was ignorant.
Anyway, New York and New Jersey or fascist little tyrannies, so stay away from them.
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- by ELB
- Mon Apr 10, 2023 1:50 pm
- Forum: General Texas CHL Discussion
- Topic: Traveling to states up north.
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