Revell was flying from Salt Lake City to Allentown, Pa., on March 31, 2005, with connections in Minneapolis and Newark, N.J. He had checked his Utah-licensed gun and ammunition with his luggage in Salt Lake City and asked airport officials to deliver them both with his luggage in Allentown.Is there no one in the TSA or New Jersey law enforcement with the sense God gave a goose?
But the flight from Minneapolis to Newark was late, so Revell missed his connection to Allentown. The airline wanted to bus its passengers to Allentown, but Revell realized that his luggage had not made it onto the bus and got off. After finding his luggage had been given a final destination of Newark by mistake, Revell missed the bus. He collected his luggage, including his gun and ammunition, and decided to wait in a nearby hotel with his stuff until the next flight in the morning.
When Revell tried to check in for the morning flight, he again informed the airline officials about his gun and ammunition to have them checked through to Allentown. He was reported to the TSA, and then arrested by Port Authority police for having a gun in New Jersey without a New Jersey license.
He spent 10 days in several different jails before posting bail. Police dropped the charges a few months later. But his gun and ammunition were not returned to him until 2008.
Revell said he should not have been arrested because federal law allows licensed gun owners to take their weapons through any state as long as they are unloaded and not readily accessible to people. He said it was not his fault the airline stranded him in New Jersey by making him miss his flight and routing his luggage to the wrong destination.
Prosecutors said it doesn’t matter whose fault it was: Revell was arrested in New Jersey with a readily accessible gun in his possession without a New Jersey license.
Lower courts have sympathized with Revell but refused to let him sue the police.
One of the fundamental tenets of determining guilt in a criminal case is establishing criminal intent on the part of the defendant. Zero tolerance policies ignore intent and assume guilt regardless of the circumstances. It's bad law and bad policy.
Making a criminal out of a guy who is lawfully transporting his gun but gets screwed up by the airlines is simply ludicrous. A lawsuit against the police might be just the remedy to instill some common sense in some people.
2 comments:
Is there...?
No.
Not even close.
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