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Something to think about!

Discussion in 'Questions From New Drivers' started by Moose1958, Dec 17, 2019.

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Moose1958 Road Train Member

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I have no opinion on having arms in a CMV. In fact I try to stay out of these debates. I came across this article today, and how it might be affected by these recent shootings on that Navy base. There are many drivers that have to deliver on military installations. I used to make such deliveries at least once a month. As I said I am NOT trying to troll for a flame war. Just posting this article to warn of the real chance you might have problems entering an installation even if the arm is unloaded and locked up.

WATERTOWN, N.Y. (WWNY) - It's a dispute over the right to bear arms and state law enforced at the gate to federal property at Fort Drum.

When a driver from Kentucky delivered telephone poles to Fort Drum on November 15, a gun rights group says his Second Amendment rights were violated.

"He never thought the installation's military police would betray him for simply exercising his fundamental right to bare arms," said Steve Felano, founder of 2AWNY.

In Watertown Thursday, Felano talked about who state police have now identified as 40 year old Martin Barrett, a Kentucky delivery driver who, when making a delivery to Fort Drum, admitted he had an unloaded firearm in a locked box, as he says he's done at many other installations.

Military police called state police. He then had his gun taken by troopers and Barrett was charged with possessing an illegal weapon. The group says the incident was unconstitutional.

"This whole thing is a joke, it's a sham. No one on the side of the government in this instance should feel good about what happened," said Duane Whitmer, Erie county Libertarian Party chair and candidate for the 27th Congressional District.

Why was Barrett charged? The state of Kentucky does not require pistol permits. New York state does and Barrett didn't have one.

Fort Drum released a statement to 7 News, saying, "It is important to be aware that firearms must be carried in accordance with the laws of the state you are visiting, not the federal laws of the installation that may be your destination."

The gun rights group says Fort Drum military police overstepped their bounds.

"This is a really big issue. We are not going to tolerate the federal government disarming citizens," said James Ostrowski, attorney.

State police say he was not legally carrying the gun in New York because he didn’t have a permit. The Second Amendment rights group cites the law called the Posse Comitatus Act, which prohibits using military to enforce the law - exactly why Fort Drum officials say they called state police.

"When Mr. Barrett offers up the information and now they have information knowing that this guy is in illegal possession of a handgun, it's duty bound for him to make notification to state police," said Trooper Jack Keller, state police.

Barret agreed to pay a fine and surrender his weapon for destruction.

"This is precisely the type of tyrannical and unconstitutional activity that this nation's founding generation enacted the Second Amendment to guard against. Such government overreach will not be tolerated," said Felano.

The gun rights group says it plans to file a lawsuit and send formal letters to the Jefferson County District Attorney, Fort Drum's garrison commander, state police, Congresswoman Elise Stefanik, and the president, asking that they push for correcting any civil rights violations.

However, state police and Fort Drum say they followed the law.
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Last edited: Dec 17, 2019

Moose1958, Dec 17, 2019

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Upinsmoke Thanks this.
Razorwyr Road Train Member

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They should take it to court. As it goes through the system, this may be the case that makes states act universally. When the 14th Amendment was ruled to mean equal treatment and not equal protection under the law it opened the door to a lot of things. It very well may have here, if one state recognizes a marriage, all states must.... if one state recognizes a right to carry, all states must.

Razorwyr, Dec 17, 2019

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REO6205 Road Train Member

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One word of caution...if this thread turns into the usual pro gun/anti gun train-wreck it will go straight to Political.

REO6205, Dec 17, 2019

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Upinsmoke, Texas_hwy_287, Bean Jr. and 4 others Thank this.
Moose1958 Road Train Member

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REO6205 said: ↑

One word of caution...if this thread turns into the usual pro gun/anti gun train-wreck it will go straight to Political.
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Maybe you should. I think I made an error posting it in here. If you do I will not be upset, I know how these things end.

Moose1958, Dec 17, 2019

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FlaSwampRat Thanks this.
MACK E-6 Moderator Staff Member

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Razorwyr said: ↑

They should take it to court. As it goes through the system, this may be the case that makes states act universally. When the 14th Amendment was ruled to mean equal treatment and not equal protection under the law it opened the door to a lot of things. It very well may have here, if one state recognizes a marriage, all states must.... if one state recognizes a right to carry, all states must.
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In an ideal world, that would be the case. Alas, that ain’t where we live.

MACK E-6, Dec 17, 2019

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MACK E-6 Moderator Staff Member

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Moose1958 said: ↑

Maybe you should. I think I made an error posting it in here. If you do I will not be upset, I know how these things end.
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Don’t sweat it. We’ll see how it plays out first.

MACK E-6, Dec 17, 2019

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Texas_hwy_287, FlaSwampRat, x1Heavy and 1 other person Thank this.
Chinatown Road Train Member

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The military police at Ft. Drum acted like a wuss.

Chinatown, Dec 17, 2019

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REO6205 Road Train Member

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MACK E-6 said: ↑

Don’t sweat it. We’ll see how it plays out first.
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Yup. This could be a really great thread and if we're forced to send it to Political most of the members won't see it.

REO6205, Dec 17, 2019

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Moose1958 Road Train Member

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Chinatown said: ↑

The military police at Ft. Drum acted like a wuss.
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I just can't help wondering if that Florida base shooting don't happen this don't happen. The Navy really got caught with their pants down on that. This was the primary reason I posted that article.

Moose1958, Dec 17, 2019

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clausland Road Train Member

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New Yuck doesn't recognize any other State concealed carry permit, let alone permit-less constitutional carry. Neither does certain other anti-gun States. Until this gets addressed by SCOTUS, it will continue to be a big headache for OTR drivers who get pinched in these States.

It's not right, but it is what it is....

clausland, Dec 17, 2019

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