Firearms N The Road

Discussion in 'Trucker Legal Advice' started by nghthwk, Jan 11, 2007.

  1. Joetro

    Joetro Road Train Member

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    I have a good friend that got jailed and his 1911 taken confiscated for declaring it at the airport. He was following the airline/FAA rules and had the gun in a case, locked and no ammunition. However; because he was in NY, and didn't have a license, he was breaking the law and they nailed him for it. Just food for thought when rolling through the commie states. Watch yourself in CA, NJ, MA, IL and a few others, as well.

    Utah and Florida have non-resident CCWs and between those states you're covered in most of the contiguous US. Unfortunately, there are still several states that recognize no other state'sw CCW besides their own (if they have one).
     
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  3. User Name

    User Name Light Load Member

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    I've read through a lot of this 1 1/2 year old thread & may have skipped over any real answers.... I dun-no?

    Not having any legal background here's the best that I can interpret the Federal laws on Interstate transportation..

    If you legally posses a firearm & want to travel to another location where you are also legal to posses that fire arm, you must unload the weapon & place the ammo & firearm somewhere besides the passenger compartment where it can't be reached. The above Federal law only applies after all state, city, county, etc. laws are followed for the areas that you travel.

    Soo... if you're legal to have a firearm where you're at in x county/state & want to carry it to z county/state but the city of y, which you have to travel through has a law on the books that says "no firearms in the city limits", you're in trouble.

    NFI did loss a driver back in Feb. '08 after he was shot & murdered while waiting for the gates to open at a Clorox warehouse in Tampa (3601 E. Columbus Drive). Would he lived if he had had a gun, no one will know.

    I personally do not & will not carry a firearm.
     
  4. Lurchgs

    Lurchgs Road Train Member

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    uhhh. I don't want to start a war- but, yes you did. Unless firearms does not equal guns?


    ------------------------------------

    Joetro - I wanna be clear on something.. your friend with the 1911 (My favorite handgun). You said he had no license. Is that correct, or did he not have a NY license?

    If he had no license, he may not covered by Title 18 and the transport of firearms, since that explicitly states you have to be legal at starting point and end point of your trip... and if he's from or going to someplace that requires a permit, or doesn't recognise the permit he has, he's not covered
     
  5. Joetro

    Joetro Road Train Member

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    I'll have to get the details from him, but I'm pretty sure he wasn't licensed in NY. It was a mess for him. Gotta love the states that do everything in their power to disregard your constitutional rights.
     
  6. Roadmedic

    Roadmedic Road Train Member

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    Yes, I forgot that post. Indeed, there are places that ban them, but as I stated in that post, I clearly do not care what other drivers do. I have never been concerned for my safety. If I did, I would not be driving.

    Deny whether or not some states have the bans. They do not specify like NY whether commercial or not. Many states have this rule, so weakly, there are rules directed at cmv.

    However, I have seen no laws directed at the issue, but I have friends who are on police depts in a couple of states and they do feel that there are such laws.

    If the weapon has to be locked up, unloaded and out of the driver compartment to be legal, what good is it really?

    By the way, you will not get me excited about this. It is not something I care about. Most likely, I will be unlucky and park between two hotheads sometime.

    I do feel it is not proper to be telling new drivers they can carry when we personally do not know the rules of the company he drives for. Remember, companies can and do change rules frequently.
     
  7. Lurchgs

    Lurchgs Road Train Member

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    they do- and I'm not getting all worked up, either.

    I'm not trying to tell anybody they can or can not carry. It's a personal decision... and I do NOT want Joe Trucker carrying if he doesn't have sufficient training. Training it's actually going to be difficult to get while on the road.

    Whether I carry or not isn't a part of the discussion, either..since my current company is a 'no weapons' company.

    What I am after is clarity in the rules. If a statement is made on one side of the argument or another, I want to check it out and make sure of the *facts*.

    As an ex-LEO my own self, I'm quite aware that other officers are sometimes incorrect in their assumptions about any number of laws. Granted, they are right more often than John Q Public, but they are still not all-knowing.

    I'm willing to bet (not much, mind you) that your LE friends are suffering under the same assumption that so many truck drivers are. It seems to sound reasonable,so it is likely so.

    Ergo, I ask for title/chapter/article. I trust you with my wine. I trust you with my money. I trust you with my women. But truth has to be determined objectively.
     
    Roadmedic Thanks this.
  8. Roadmedic

    Roadmedic Road Train Member

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    We actually agree. It is their choice, but like your company, most are that way.

    The training and the attitude is what is more of a concern for me. Sometimes one must wonder about the maturity we encounter.

    I am not offended by your search. I believe it to be a good idea. Many of the people and as you state, LEO's have that belief. It has amazed me that the FMCSA has this same opinion. Our office confirmed it through and email with them and posted it. Since it was the company policy, why lose sleep on it.

    I personally have not worried about it.

    Amazingly, I do see the justification for both sides. I also wonder if maybe there should be additional training and it be allowed. I don't have the answer to that though.
     
  9. Lurchgs

    Lurchgs Road Train Member

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    yeah, it's an opinion thing.

    Myself, I regard a handgun as something of a seatbelt. I wear it "just in case". I work to stay out of situations that might require that I use it, but I'll be darn glad it's there if I need it.

    My thought is that YES, additional training be made available and that - for example - an additional endorsement be added to your license. It should be as optional as having a tanker or Hazmat endorsement. Just a thought. I don't have the answers, either.

    Here's one way of looking at it: do armored car companies have exceptions from gun laws? Probably not - yet most armored cars (the big boxes) require a CDL-A to drive.

    gah - just some rather disjointed thoughts. I'm distracted by birds at the moment
     
  10. Joetro

    Joetro Road Train Member

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    One thing I want to point out, here. In many cases, being a LEO does not mean one knows the laws. I know of a few cases where LEOs have made bad arrests based on what they "thought" the law was. Both my dad and stepmother are retired LEO, so I'm not just blowing smoke. I've seen enough to make that statement. Anymore, I want it proven that it's on the books. The BATFE is another group of clowns for another thread. What I'm trying to say is this: As a huge 2nd Amendment proponent, gun owner and CCW holder, I advise, that whatever you choose to do, do not count on the fact that the cop looking you over, whether he be DOT, Fed or other, will know the law to the letter and you could be badly inconvenienced due to this lack of knowledge.

    Me? I carried. However; I used a loophole that, back then, was pretty easy to squeeze through.
     
  11. Roadmedic

    Roadmedic Road Train Member

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    True, but do you really want the possibility of detainment on your load over the fact they may be taking a different stand. It never pays to argue with a LEO on the road.

    I also did make the statement that they feel is the law.
     
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