what would happen if a firearm was found in my truck

Discussion in 'Questions From New Drivers' started by Kolorado, Aug 28, 2015.

  1. n3ss

    n3ss Heavy Load Member

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  3. truckon

    truckon Swamp Thing

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    Like I'd tell you!
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    Most drivers would just tase themselves.
     
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  4. dca

    dca Road Train Member

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    I can say a random road side inspection coupled with a in cab search isn't the normal routine.. if there's a next time I'll say no and see how far it gets..
     
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  5. not4hire

    not4hire Road Train Member

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    First time it's an accident. After that it's a kink.
     
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  6. MACK E-6

    MACK E-6 Moderator Staff Member

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    Some folks here might enjoy that...:confused:
     
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  7. WesternEmpire

    WesternEmpire Medium Load Member

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    Remember kids, it's only legal if you yell "######".
     
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  8. not4hire

    not4hire Road Train Member

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    I didn't do an exhaustive search, but this is all I came up with for the U.S.

    Part 396
    INSPECTION, REPAIR, AND MAINTENANCE


    § 396.9: Inspection of motor vehicles and intermodal equipment in operation.

    (a) Personnel authorized to perform inspections. Every special agent of the FMCSA (as defined in appendix B to this subchapter) is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation.

    http://www.fmcsa.dot.gov/regulations/title49/section/396.9

    The preceding regulation doesn't define what areas can, or can't, be inspected and for what purpose. If that is the entirety of the regulations, then there is a lot of latitude on the part of the person performing the inspection.

    Up here there is much less latitude given to inspectors. They can only enter CMVs for the purpose of inspecting logs or that the sleeper conforms to regulation. Drawers, cabinets, closets, etc., and personal effects are not required for logs or sleeper regulations so they would be excluded.

    National Safety Code for Motor Carriers
    STANDARD 9
    HOURS OF SERVICE


    97. AUTHORITY TO ENTER PREMISES FOR AN INSPECTION

    (2) An inspector may at any time stop and enter a commercial vehicle, except for its sleeper berth, for the purpose of inspecting the daily logs and supporting documents.
    (3) An inspector may, at any time, stop a commercial vehicle and enter its sleeper berth for the purpose of verifying that the sleeper berth meets the requirements of Schedule 1.

    http://ccmta.ca/images/publications/pdf/NSC_9_Hours_of_Service_August_2010.pdf pg. 9-20​
     
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  9. Big Don

    Big Don "Old Fart"

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    @not4hire, there is a whole lot down here that is different from what the codified, (written) law is. There is what is called, "case law," where an appellate court has ruled that the written law doesn't mean what it says, therefore they take it upon themselves to change it. I don't know what it is like today, particularly on the federal level, but back when I was a cop in California, we got "legal updates" at least quarterly, dealing with changes made by case law. And of course search and seizure laws were the largest segment of them.
    What you, (as a cop,) did yesterday that was in full compliance with the law at the time, might be as illegal as hell today. And if it is, then anything found cannot be used in court. . .:rolleyes:
     
  10. sshewins

    sshewins Road Train Member

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    I'm sure I could be wrong, but I believe as long as you 'declare' the weapon, there is nothing wrong (crossing into Canada). If you FAIL to declare it and they find something, that's where the trouble begins.

    I went into Ontario last week, declared that I had a crosman airgun (yes, I know. Not nearly the same, BUT the same consequences if found without declaring it) the lady asked how many FPS I told her and that was that. And went on my merry way.
     
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