ANJRPC SUES
NY/NJ PORT AUTHORITY FOR
JAILING HONEST GUN OWNER
February 27, 2006 - The Association of New
Jersey Rifle & Pistol Clubs, Inc. (ANJRPC) announced that it has
commenced a lawsuit against the Port Authority of New York and New
Jersey and one of its police officers for wrongfully arresting and
imprisoning for nearly five days a 57-year old Utah man delayed
at Newark Airport by a baggage error while traveling from Utah to
Pennsylvania.
The lawsuit seeks more than $3 million in damages
for civil rights violations and a permanent injunction forcing the
Port Authority to follow Federal law on interstate transport of
locked, unloaded firearms that have been secured in luggage and
declared by law-abiding citizens.
The Utah man, Gregg Revell, a real estate broker
and family man with no criminal record and a Utah firearms permit, was
flying alone from Salt Lake City, UT to Allentown, PA to retrieve a
car he bought and drive it home. He was travelling with a firearm for
personal protection. As required by Federal law, the firearm was
unloaded, cased, locked and inside his luggage when he declared it at
check-in in Salt Lake City on March 31, 2005.
Due to an airline-caused baggage error, Mr. Revell
missed his connection from Newark to Allentown and had to stay
overnight in New Jersey. When he checked in at Newark Airport the next
morning to complete his travels, he again declared his firearm, as
required by FAA regulations. He was then arrested for possession of a
firearm without a New Jersey state license, and imprisoned in Essex
County jail for five days until his family arranged bail, which
had been initially set unusually high at $15,000 cash (no
bond).
But Mr. Revell’s travels were protected by the
Firearms Owner Protection Act, a Federal law passed in 1986 to protect
law-abiding citizens who travel with firearms. (See 18 U.S.C. §
926A.) That law trumps state and local gun laws and protects
interstate travel with firearms under certain circumstances, all of
which were present in Mr. Revell’s case. Several months after the
arrest, all charges were withdrawn and the prosecutor’s case
administratively dismissed.
"The Port Authority blatantly violated Federal
law when it arrested Gregg Revell," said Scott Bach, President of
the Association of New Jersey Rifle and Pistol Clubs and a member of
the NRA Board of Directors. "Those charged with enforcing the law
have a special responsibility to follow it themselves," Bach
continued. "Mr. Revell’s arrest is part of a pattern of similar
misconduct by the Port Authority throughout the New York-New Jersey
metropolitan areas."
"This lawsuit is intended to send a signal not
only to the Port Authority but to every agency and officer responsible
for policing our airports and highways: if you violate the rights of
law-abiding gun owners, you will be held fully accountable." The
lawsuit also names the arresting Port Authority police officer, Scott
Erickson, as a defendant.
Once inside Essex County prison, Mr. Revell was subjected to
numerous atrocities. He was thrown into a holding cell with 28
inmates, many of whom were admitted murderers and rapists. He endured
a repulsive vomit-covered bed and toilet, was denied his blood
pressure and migraine medication, innoculated against his will, given
inedible food, strip-searched, and left only with his wits to survive.
"I did nothing wrong yet was arrested and
subjected to the worst treatment imaginable for almost a week,"
said Mr. Revell, who has 8 children, 8 grandchildren and has been
married for 36 years. "I brought this lawsuit together with the
Association of New Jersey Rifle & Pistol Clubs because I want to
stop this kind of abuse from ever happening again," said Revell.
"No one should ever have to experience what I experienced,"
he said. "I paid the price, but I’m committed to making sure no
one else does."
View a copy of the Complaint here
View a copy of the
Firearms Owner Protection Act here