This section contains the nature of the case and procedural background.

Newton (D) was a passenger on an airplane bound from the Bahamas to Luxembourg. There had been no stops scheduled for the flight in the United States. D had concealed on his person a loaded .38 caliber revolver and a quantity of ammunition. The captain became aware of the fact that petitioner might possibly be carrying a firearm. D, severely handicapped and ambulatory only with the aid of prosthetic devices, caused himself to be unruly. The captain made an emergency landing in New York. Authorities found the gun on D, who voluntarily let it be removed. D was convicted under New York law for carrying a firearm on an airplane. D appealed.

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