Georgia trucker arrested in NY for carrying gun without permit

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms


Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.









Now if you do your homework some states and municipalities only allow this as an affirmative defense(Legalize for yeah I did it but it was not illegal) after an arrest.

My guess is since he had it in an open sleeper unsecured he will not be allowed this defense.

My gun safe secured to the rear bulk head has drawn questions from several LEO's in the NE. None have bothered after answering quite honestly to the question what is in the box "A legally secured for transportation unloaded side arm".


If you do not know your laws concerning carrying don't do it.

 

Washing DC the fed stepped in but as usual the local gooberment passed a new rule and well back to normal with the criminals having all the weapons and the voters none!
NJ. A guy was moving to NJ and called the sheriffs office where he was moving to. The weapon was registered in his home state but with NJ it's illegal to have a hand gun. I believe the story went that he was tld he did not have to register it because it already is but he got busted in the same county of the sheriff and they had him in jail and was going to do a 20 to life on the guns being in the trunk of the car as he was still in the process of moving to the new home from a friends house. IDK who it was that stepped in and did the legal dance but he got off due to bad information he was given. His cell phone records proved he had called the department so that was his main life saver as the sheriff was saying he never had a call for the guy.

When it comes to those NE states why take a freaking chance? Besides if you have to have the thing and it's in a locked box out of reach and/or in a trunk or hard to get to outside in a side box and any magazines loaded to a certain point with a fixed capacity and in a separate box what the freak is the point of having it? Do you think gomer the theif is going to wait for your silly arse to unlock the box, unlock the trigger guard, go to the other box and get your ammo and lock and load and then shoot his arse? Might as well pull the knife out of the pocket, grab the tire billy or pee your pants! If the weapon is NOT within easy reach and loaded and locked with a live one in the chamber it's nothing but a useless piece of steal!

Doing time because it is your right to have a gun but can't use that in their court of law isn't worth having it in a liberal state or just to prove a freaking point!

 

The federal statute covers you as you drive through a state, so long as the firearm is legal at both the point of origin and the destination. If his destination was in NY, he was in violation. Shouldn't have gone to NYS. That's why it's important to know the laws and heed by them.

 

Years ago I decided to start my own little boycott of New York state, and haven't been there since, and really hasn't hampered my life one little bit.

I am not about to go to a place where I have to leave my freedom, liberty and ability to defend myself at the door.

 

Rollover where I can carry I do. That simple, I also carry my Kbar where legal.


I keep my side arm with me for instances where I may have to deal with hostile situations (Think LA ala Rodney King) or when basic services break down in this country wich they will do eventually. In addition I try and keep enough fuel, and supplies in my truck if I have to hump it home. Yes that includes a pack, metal match, basic first aid kit, small shelter, and my side arm, heavy boots, couple hand held radios, and a fishing/ snare kit. This things are tools needed for my survival when not if people figure out the tit has gone dry.

Yeah I know tin foil conspiracy right. If I'm wrong I will never need it. If your wrong.........

The average group of theives and looters do not impress me, and in all honesty I would probably not bother ventilating them. Quite simple to disable the mouthiest of the bunch and the rest of the roaches scatter. I agree a good knife, or tire thumper (A FUBAR works great) in general would be sufficient.

 

Well I didnt know that D.O.T. would even allow you to carry a gun in a CMV! ! ! I was told along time ago by someone that it was illegal.... If I would have known this info, I wouldnt have sold my Glock.

 

I believe you would need to apply for a federal weapons permit to carry over state lines.
Not all states have reciprocity agreements to carry ccw on state permits. You would have to check with each state for that info.

 

NO Where in the FMCSA Rule book does it mention it is ILLEGAL to carry a hand gun in a truck,( if so, please reply with the exact code) Many Companies PROHIBIT guns in the it trucks and or on company property.

Here is a link of hand gun laws in the United States.
http://www.handgunlaw.us/

 

-There is NO FMCSA Rule about weapons in a CMV.There ARE some companies with a no carry in the truck rule rule and if you even think your Constitutional Right to carry thumps your bosses rule of no guns allowed in his truck you are in way over your head! It will become his right to fire you and then slam your DAC/HireRigh with a "failure to obey company rules" or whatever it is! It's called the Bosses Rules!
-There is no such thing as a Federal Firearms carry permit. If there is it's brand freaking new as of tomorrow! Show me the link/permit/application/website! No really please do as I've looked for it for a few years and can't find it or one.
-States issue concealed or carry permits not the Fed unless you work for the FBI, DEA,CIA, IMF (a Joke) Their permit is different that Joe Blows Concealed or personal carry permit. I do not think too many of you hold a PT job with any of those Departments.
-Read all the states your state you are registered with to know which ones recognize your carry permit.

 

New Yuck and Commiefornia do NOT recognize any other state permits. PERIOD.