Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Outrage Of The Week

Friday, April 2, 2010

This week's Outrage concerns a legal case that comes to us from New Jersey, where a well-meaning firearm owner, through a series of events that were no fault of his own, inadvertently ran afoul of the law (or, rather, an interpretation of the law).

Gun owner Gregg C. Revell was flying from Salt Lake City, UT, to Allentown, PA, by way of Minneapolis, MN, and Newark, NJ.  Revell had an unloaded firearm that was legally checked in his luggage, which he was to pick up upon his arrival in Allentown.

That was the plan, but things soon went awry.  Revell's flight into Newark was delayed, causing him to miss his connecting flight to Allentown.  He was able to book a seat on the next flight, but that course of action was changed by the airline. He then tried to take a bus, but his luggage didn't make it to the bus on time.  He retrieved his luggage, but missed the bus.  With no more connections to Allentown until the following morning, Revell went (with his luggage, of course) directly to, and stayed the night at, the Airport Sheraton Hotel.  By this time, Revell had been through a lot, but his real trouble was just beginning. 

The next morning, Revell returned with his luggage directly to the airport.  He checked his luggage and, as he was supposed to, told the agent that he had an unloaded firearm stored in a locked case in his luggage.  It was at this point that Revell's destination changed from Allentown to a Newark jail cell.  He was arrested on the spot because New Jersey law requires a permit to possess a handgun (and also bans the hollow-point ammunition that Revell also had in a separate locked container in his luggage), and as soon as Revell's luggage became "readily accessible" to him (in this case, when he took possession of his luggage to go to the hotel) he violated state law. 

The Firearms Owners' Protection Act (FOPA) states that, "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."

After spending four days in a Newark jail cell, Revell was released on bail. Revell was eventually cleared of all charges, but he didn't get his firearm and other property back until almost three years later.

With help from the NRA Civil Rights Defense Fund, Revell sued for damages related to his unjust arrest and detention (as a violation of his civil rights), but lost, with the U.S. Court of Appeals, Third Circuit's finding that Revell was not covered under FOPA's narrowly defined safe harbor provision.

So we have a case where a firearm owner does everything he can to obey the law and ensure that he safely transports his firearm.  Through no fault of his own, he is accused of violating the law.  He is arrested, then thrown in the Newark jail for four days, and loses possession of his personal property for almost three years.  That is outrageous!

This case is not as unusual as you may think.  NRA presently has two similar cases awaiting rulings by the U.S. Second Circuit.

NRA members would be well advised to use caution when traveling with a firearm—especially by plane, and especially in the states of New York and New Jersey—if a planned, or unplanned stop in "hostile territory" is necessary.

TRENDING NOW
Kentucky: Committee to Consider Firearm Seizures Without Due Process

Friday, November 15, 2019

Kentucky: Committee to Consider Firearm Seizures Without Due Process

On Friday, November 22nd, the Kentucky state Interim Joint Committee on Judiciary will consider so called “red-flag laws.” Though no legislation has been introduced, such laws usually allow for Second Amendment rights to be suspended ...

A New Candidate for Confiscator-in-Chief

News  

Monday, November 11, 2019

A New Candidate for Confiscator-in-Chief

Former Texas Congressman Robert Francis O’Rourke abandoned his run for President last week, once again leaving a void for the most strident anti-gun candidate seeking the Democrat nomination. Even before declaring his candidacy for President, ...

Strong Firearms Preemption Laws are More Important Than Ever

News  

Gun Laws  

Monday, November 11, 2019

Strong Firearms Preemption Laws are More Important Than Ever

Photo Courtesy of Jeremy Tremp In recent weeks, gun owners have been given two prime examples of just how important strong firearms preemption laws are to the vibrant exercise of Second Amendment rights. On October ...

National Hearing Conservation Association Supports Suppressors

News  

Monday, November 4, 2019

National Hearing Conservation Association Supports Suppressors

Photo Courtesy of Silencer Shop On October 28th, the National Hearing Conservation Association sent its new position paper on firearms suppressors to the American Suppressor Association. The paper, in short, recognizes the important role that ...

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

Friday, September 20, 2019

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

On September 19th, Wisconsin Governor Tony Evers, Attorney General Josh Kaul, Representative Melissa Sargent (D-48), and Senator Lena Taylor (D-4) held a press conference calling on the Legislature to violate the Second Amendment by: 1) ...

New Hampshire: Firearm Seizure Bill Headed to House Floor

Thursday, October 31, 2019

New Hampshire: Firearm Seizure Bill Headed to House Floor

On October 30th, the New Hampshire state Criminal Justice and Public Safety Committee sent House Bill 687 to the House floor for further consideration after a motion to kill the bill failed by a vote ...

News  

Friday, June 27, 2008

Heller: The Supreme Decision

Leaders of the National Rifle Association (NRA) praised the Supreme Court’s historic ruling overturning Washington, D.C.’s ban on handguns and on self-defense in the home, in the case of District of Columbia v. Heller.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Bloomberg’s Gun Control Apparatus Lies to Virginia’s Firearm Owners in Election Mailing

News  

Monday, November 4, 2019

Bloomberg’s Gun Control Apparatus Lies to Virginia’s Firearm Owners in Election Mailing

Here’s a hint for Virginia gun owners and sportsmen: When you get a firearm-related election mailing with a New York City return address and proudly proclaiming that it’s printed on soy ink, you can safely ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.