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Jailed NJ man over gun aresst going to SCOTUS

1683 Views 37 Replies 14 Participants Last post by  Maverick
A traveler who as arrested in NJ by the Port Authority Police for having a handgun without a NJ license, although he was traveling by air and in compliance with GOPA, was finally released but his property was never returned is going to the Supreme Court with the case.

Link to the article:

http://www.foxnews.com/politics/2011/01/18/traveling-mans-gun-arrest-appealed-supreme-court/
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A traveler who as arrested in NJ by the Port Authority Police for having a handgun without a NJ license, although he was traveling by air and in compliance with GOPA, was finally released but his property was never returned is going to the Supreme Court with the case.

Link to the article:

http://www.foxnews.com/politics/2011/01/18/traveling-mans-gun-arrest-appealed-supreme-court/
Arrested for doing the right thing.
Another example of gun laws making criminals out of law abiding citizens.

I hope he wins and the SCOTUS sees that this was and is a chance to be fair and not pontificate from the bench.
I hope his record is expunged, and his lawsuit rips every single dumb A$$ involved for not using common sense.
Arrested for doing the right thing.
Another example of gun laws making criminals out of law abiding citizens.

I hope he wins and the SCOTUS sees that this was and is a chance to be fair and not pontificate from the bench.
I hope his record is expunged, and his lawsuit rips every single dumb A$$ involved for not using common sense.
I don't think its a matter of common sense anymore. We live in such a litigous society that everyone is acting in a 'cover your ass' manner. Those port authority cops were covering their asses by arresting him. Had they failed to do so, and that came out; they may have been disciplined or even fired for not following procedure. I also think this is whats at work when a 3rd grader brings a nerf gun to school and the principal suspends them.
I don't think its a matter of common sense anymore. We live in such a litigous society that everyone is acting in a 'cover your ass' manner. Those port authority cops were covering their asses by arresting him. Had they failed to do so, and that came out; they may have been disciplined or even fired for not following procedure. I also think this is whats at work when a 3rd grader brings a nerf gun to school and the principal suspends them.
efreem01 hit the nail on the head.

"cover your butt"

That's exactly what happened.
efreem01 hit the nail on the head.

"cover your butt"

That's exactly what happened.
Had this happened to me, I would have gotten my guns, rented a car and left the state to head to my final destination ASAP.
Had this happened to me, I would have gotten my guns, rented a car and left the state to head to my final destination ASAP.
While I do agree with efreem01 that these are the times that we live in.

The problem here is that after the initial arrest, NJ allowed it to escalate to what it has become. States like NJ need to be careful because all it takes is one good case like this to change state laws. Good for us bad for them.
While I do agree with efreem01 that these are the times that we live in.

The problem here is that after the initial arrest, NJ allowed it to escalate to what it has become. States like NJ need to be careful because all it takes is one good case like this to change state laws. Good for us bad for them.
All they need to do is have a procedure, a temporary permit that can be issued by airport authorities for this contingency, or a safe area at the airport to secure the gun until it can be sorted. Forcing the passenger to take custodianship of his gun and then arresting him for it are bullshoot.
All they need to do is have a procedure, a temporary permit that can be issued by airport authorities for this contingency, or a safe area at the airport to secure the gun until it can be sorted. Forcing the passenger to take custodianship of his gun and then arresting him for it are bullshoot.
Captain Will said:
All they need to do is have a procedure, a temporary permit that can be issued by airport authorities for this contingency, or a safe area at the airport to secure the gun until it can be sorted. Forcing the passenger to take custodianship of his gun and then arresting him for it are bullshoot.
That would keep the Possession thing from occurring. All major airports have a law enforcement presence. They could retain the firearms until the travel resumes. The problem here is the traveler took possession and left the airport. I find this ridiculous as well, but asking for LEO at the counter and then proceeding might (depending on agency) have prevented this whole thing. Stating to an LEO (two or more incl. a supervisor would be better) that you can't take possession, how are we to proceed? gives you the card of doing the right thing. This may or may not solve it, but involving someone at that level would seem to me the way to go. The whole disconnect between the airline and NJ law, with the traveler taking the fall, is unconscionable.
Captain Will said:
All they need to do is have a procedure, a temporary permit that can be issued by airport authorities for this contingency, or a safe area at the airport to secure the gun until it can be sorted. Forcing the passenger to take custodianship of his gun and then arresting him for it are bullshoot.
That would keep the Possession thing from occurring. All major airports have a law enforcement presence. They could retain the firearms until the travel resumes. The problem here is the traveler took possession and left the airport. I find this ridiculous as well, but asking for LEO at the counter and then proceeding might (depending on agency) have prevented this whole thing. Stating to an LEO (two or more incl. a supervisor would be better) that you can't take possession, how are we to proceed? gives you the card of doing the right thing. This may or may not solve it, but involving someone at that level would seem to me the way to go. The whole disconnect between the airline and NJ law, with the traveler taking the fall, is unconscionable.
Captain Will said:
All they need to do is have a procedure, a temporary permit that can be issued by airport authorities for this contingency, or a safe area at the airport to secure the gun until it can be sorted. Forcing the passenger to take custodianship of his gun and then arresting him for it are bullshoot.
This would not work at all. The reason being is that it makes sense and we all know that NY and NJ does not want sense made of thier laws.
Captain Will said:
All they need to do is have a procedure, a temporary permit that can be issued by airport authorities for this contingency, or a safe area at the airport to secure the gun until it can be sorted. Forcing the passenger to take custodianship of his gun and then arresting him for it are bullshoot.
This would not work at all. The reason being is that it makes sense and we all know that NY and NJ does not want sense made of thier laws.
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