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本帖最后由 X-PGH 于 2015-6-4 08:31 编辑
NJ, NY 都是远离的好 ....
空运枪支 - ? 看看这个 Case ... 航班误了, 搭下班, 落在了JB Newark --- 枪主被抓 - 蹲大牢 - 交保释 - Case 一直捅过层层法院 ...
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Gregg C. Revell & N.J. Rifle and Pistol Clubs, Inc. (New Jersey). He is a resident of Utah with a Utah license to carry a pistol. He was transporting his firearm in compliance with the law when he arrived at the airport and declared the firearm as required by law. This is a case where the arrested man's conduct was clearly not criminal under 18 U.S. Code § 926A. Consequently, charges were dismissed. However, his property was not returned and he needlessly spent time in jail. A civil rights action was filed, under 42 U.S. Code § 1983, in the United States District Court for the District of New Jersey on January 27, 2006. Counsel informed on September 12, 2008, that Mr. Revell's firearm and other property were eventually returned to him. The trial court dismissed Mr. Revell's complaint on March 31, 2009, based on qualified immunity and based on a view that the federal law did not protect him because he spent one night in a hotel when he missed his flight. Revell v. Port Authority of New York and New Jersey, 2009 WL 901855 (D.N.J. March 31, 2009). An appeal was filed by Mr. Revell. The trial court's dismissal of the complaint by the Association of New Jersey Rifle & Pistol Clubs, Inc., based on lack of standing and denying motion for leave to amend, was reversed on April 1, 2009, by the U.S. Court of Appeals for the Third Circuit. Revell v. Port Authority of New York and New Jersey, 2009 WL 840549 (U.S. Ct. App. 3d Cir., April 1, 2009). Oral argument occurred on January 26, 2010, in the U.S. Court of Appeals for the Third Circuit. On March 22, 2010, the court agreed that Mr. Revell found himself in a difficult predicament through no fault of his own. However, relief was denied because his conduct did not fit § 926A because of the overnight stay in the hotel, and thus there was probable cause to arrest. Revell v. Port Authority, 598 F.3d 128 (3d Cir. 2010). A petition for a writ of certiorari was filed in the U.S. Supreme Court and denied on January 18, 2011: 131 S.Ct. 995 (2011). The separate lawsuit by the Association of New Jersey Rifle and Pistol Clubs, Inc., was denied. The court held that § 926A did not create a right to relief under 42 U.S. Code § 1983. It further held § 926A means "that an ambulatory plaintiff who intends to transit through Newark Airport is outside the coverage of the statute." The concurring opinion stated § 926A is not restricted to vehicular travel. Association of New Jersey Rifle and Pistol Clubs, Inc. v. Port Authority of New York and New Jersey, 2013 U.S. App. LEXIS 19037 (U.S. Ct. App. 3d Cir., Sept. 13, 2013).
https://www.nradefensefund.org/current-litigation.aspx#Jersey
https://www.nradefensefund.org/current-litigation.aspx
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http://www.anjrpc.org/?ANJRPC_sues_PortAuth
http://www.foxnews.com/politics/ ... aled-supreme-court/
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发表于 2015-6-4 04:02
楼主
