Firearms in truck

**josh.c** · 11.09.2009

Originally Posted by chief

in most states, it's called a "concealed carry" permit. although I understand in TN, you have to have a permit even to open carry. castle doctrine (or lack of) is just as inconsistent and baffling from state to state as firearms laws are. it would be nice if there were federal guidelines/laws for firearms, AND for determining when lethal force is justified. but most "gun nuts" don't want any legislation taking place at the federal level. and some people would rather the government not pass laws or regulations on anything.

We're talking about the same thing, TN's actually says "Handgun Carry Permit," I just meant "carry permit" as a universal term, like "driver license." It's just been my experience that permit holders tend to get a little big for their britches and repeat hearsay as fact.

It's a shame that we would even have to discuss asking the Federal Government to protect our God-given right to protect ourselves, they already did that in 1791. You're right though, it would be nice.

**grizzly** · 11.09.2009

Originally Posted by chief

23 states have a "castle doctrine." only 13 of those states provide for having no duty to retreat anywhere (the rest only provide no duty to retreat in your home.) is 13 considered "most?" this only deals with the right to use deadly force in certain situations, and immunity from prosecution. it is has nothing to do with firearms laws.

rollover is right, DON'T take legal advice from an internet message board for truck drivers.

Well, I stand corrected. I have a Ut. CFP so I do know I'm legal in 34 states, I would consider that "most".

**chief** · 11.09.2009

are you talking about states which have reciprocity with your state for a concealed handgun permit, or are you talking states which have a castle doctrine? those are 2 completely separate issues.

**grizzly** · 11.09.2009

Sorry, I'm confusing the issue. When I originally said "most" it was in reference to the castle doctrine to which I was clearly wrong. The 2nd reference was to reciprocity or recognition of my permit. I'm not trying to stir things up with you chief, I appreciate your knowledge. Sometimes it's hard to get tone of voice from a message post.

**chief** · 11.09.2009

ah. OK. but implying that I have knowledge might be stretching it a bit!

**kd5icr** · 11.30.2010

Firearm Owners Protection Act

One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.
An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.

**josh.c** · 11.30.2010

Originally Posted by kd5icr

Firearm Owners Protection Act

One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.
An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.

So the question then is this-what if you pick up or deliver a load in NYC or New Jersey? Would a prosecutor/judge/jury view that as a short stop?

**jokerl90** · 12.01.2010

Originally Posted by josh.c

So the question then is this-what if you pick up or deliver a load in NYC or New Jersey? Would a prosecutor/judge/jury view that as a short stop?

Here's a little story, older than dirt, but true and funny
In 1980 the Navy ship I was stationed on went into drydock at Brooklyn Navy Yard. NYC had just passed a very tuff gun law, 1-yr no questions asked kinda thing.
A few days after the law went into effect I heard on the news that a truck driver had seen some guy fighting with a woman on the sidewalk. So the driver pulls out his pistol and makes the guy spread eagle on the pavement.
Turns out the guy laying face down on the pavement was a vice cop trying to bust a hooker. Trucker goes to jail.
A few days later, maybe a week, the news reports that a judge ruled that since the driver never left his truck, and the truck was base plated in some other state, it was like a little piece of that state rolling through the city. They let the trucker go.

**josh.c** · 12.01.2010

Originally Posted by jokerl90

Here's a little story, older than dirt, but true and funny
In 1980 the Navy ship I was stationed on went into drydock at Brooklyn Navy Yard. NYC had just passed a very tuff gun law, 1-yr no questions asked kinda thing.
A few days after the law went into effect I heard on the news that a truck driver had seen some guy fighting with a woman on the sidewalk. So the driver pulls out his pistol and makes the guy spread eagle on the pavement.
Turns out the guy laying face down on the pavement was a vice cop trying to bust a hooker. Trucker goes to jail.
A few days later, maybe a week, the news reports that a judge ruled that since the driver never left his truck, and the truck was base plated in some other state, it was like a little piece of that state rolling through the city. They let the trucker go.

A judge with common sense in NYC? Say it ain't so!

I don't doubt the story, but that was a long, long time before Michael Bloomberg was mayor.

**kd5icr** · 12.01.2010

Well as I understand it as drivers we are generaly only passing thru. picking up or dropping off. the firearm owner protection act is federal law, and that does trump state law, as I understand it. Now I know there are a lot of drivers and others that say" I don't see a need" well I would like to remind them about the driver that was killed up in NY a few years ago, the driver was parked at a old gas station, he was shot to death in his truck. Now doest that mean IF he had a weapon he could have fended them off, well we will never know but I would say that at the least he would have had a chance. We all know darn well that at times we have to park were we can and it isnt always at a truck stop, a tire thumper will not stand up to a gun, simple as that. I think it is a matter of, do you want to carry one or not. Me, I drive for a owner not a company so I will and do carry a gun. It is my life I am protecting.