The Port Authority of New York and New Jersey (which operates Newark Airport) has been sued by the Association of New Jersey Rifle & Pistol Clubs. The facts are these:
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 Several months after the arrest, all charges were withdrawn and the prosecutor’s case administratively dismissed.
You can read a press release about the case and the Complaint. The lead attorney is Richard Gardiner of Virginia, a fine lawyer and a long-time friend, with whom I co-authored a law review article arguing that courts should protect the Second Amendment by dismissing abusive lawsuits against firearms companies.