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Supreme Court denies man's gun arrest appeal :(

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JEDI

Lifer
http://news.yahoo.com/s/ap/us_supreme_court_gun_arrest

he checked his legal gun at the Utah airport. at the stop over in NJ, he missed his plane and his luggage (including gun) was handed back to him. when he checked it again for the new flight, he was arrested by NJ cops because he didnt have a NJ permit.

WTFBBQ?!?!

Wrong title, wrong forum.
Admin allisolm
 
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http://news.yahoo.com/s/ap/us_supreme_court_gun_arrest

he checked his legal gun at the Utah airport. at the stop over in NJ, he missed his plane and his luggage (including gun) was handed back to him. when he checked it again for the new flight, he was arrested by NJ cops because he didnt have a NJ permit.

WTFBBQ?!?!

I don't see a problem here. Yeah it sucks to be that guy. He didn't do anything wrong, but neither did the NJ police department. Sounds like the cops were being douchebags here in terms of "intent" vs "letter" of the law, but what can you do. Legally, it sounds like the most he has to complain about is why it took so damn long for his property to make it back to him.

"Readily accessible" seems open to interpretation. It appears that higher courts agreed with the police dept's interpretation of what that means. And there's no clause about interrupted travel... so the guy did nothing wrong, and the police did nothing wrong. Technically, he was in violation of NJ code, but there was no intent there, it seems. Unfortunately, he was arrested. Fortunately, they let him go.

The courts cannot write new laws. If the existing law said something about interrupted travel, the courts can make a ruling that defines what that means. If the police had pressed charges, the courts could've made a ruling on the interpretation of "readily accessible," as another example. But the courts cannot add a clause to the existing law that says "oh if you miss your flight and your luggage is returned to you, the law makes an exception for you." That's the legislature's job. The courts only get to decide what the legislature meant when someone raises a question & slap down unconstitutional laws. (Well they do more than that, but that's all that is relevant here.)

He, and other (traveling) gun-owners should write their congressman and have that law changed. It often happens that laws written N years ago aren't 100% ready for modern times. And some people will get screwed in the process.

I'm not happy w/what happened here, but it looks to me like the system worked as intended.
 
Your title is wrong and misleading. The Supreme Court denied his attempt to sue the New Jersey Port Authority. His criminal charges were long ago dropped.
 
Your title is wrong and misleading. The Supreme Court denied his attempt to sue the New Jersey Port Authority. His criminal charges were long ago dropped.

this is correct

Title needs to be changed and this needs to be moved to P&N.

edit: just noticed who the OP is. WTF is wrong with that guy?
 
Dude got screwed. There is letter of the law and there is common sense. They could have used common sense. Unless the law states they shall arrest for that crime, they made a mistake. Unless thing I have to arrest for is domestic, everything is officer discretion.
 
This is also the state that threw a guy in jail for having unloaded locked weapons in his trunk after he called ahead of time to ask how he could transport his weapons when he moved. In other words, fuck New Jersey.
 
Lesson learned:

Dont travel by air with a firearm

What are people that go moose or elk hunting in a different state supposed to do?

What are people to go to Africa to hunt supposed to do? Last time I heard, it was impossible to drive from the USA to Africa.

Lots of people fly with their handguns, rifles, shotgun. Examples - going on a guided hunt, going to a shooting competition, grandfather left you a rifle in his will,,,,,,.

More like - that is what you get for going to new jersey.
 
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