[WRMETTLER]

This guy lost his case both at the trial court and 3rd Cir. Court of Appeals level. He's trying to appeal to the Supreme Court.

The Courts have ruled that when he removed the locked case from the airport to his hotel room, kept it over night in his hotel room in NJ (where he had access to it) and then tried to re-check it in to the airport the next day, he violated the NJ state law.

The Court ruled that the federal law did not apply, because it had 2 elements that must be satisfied.

1) possession of the weapon must be permitted in both states where the traveler is starting and ending, and 2) the firearm must not be readily accessible during the trip.

He had access to the weapon while staying in the hotel room. He lost. Had he kept the locked case at the airport in storage, he probably would have won the case.

His firearm are returned in July '08.

The TSA discovered the gun in the case as it was being re-checked into the airlines. However, a local NJ officer arrested the man. This seems to me to be a reasonable procedure. The arresting officer was sued for doing his job, and had to participate in the litigation. He was dismissed as a result of this ruling.

The NJ gun rights group still has its lawsuit going.