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Thread: Do not go to newyork with a gun

  1. #1
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    Do not go to newyork with a gun

    A truck driver from Milwaukee Was arrested for carrying a handgun. Here is the article:
    A truck driver from Milwaukee was sent to jail, after police in New York State said they caught him with an illegal handgun and other weapons. State troopers were doing a routine inspection of Michael Coulter’s truck at a checkpoint yesterday afternoon. They reportedly found a Hi-Point .40-caliber pistol for which he did not have a required permit. Police said he also had three magazines with 10 rounds each – three more rounds than what New York’s gun laws allow. The troopers said they also found a billy club, a dagger, and metal knuckles. The 45-year-old Coulter was sent to a county jail at Ellery in western New York, pending possible charges.

    I know that you need their license to carry in their state. Being a truck driver, I thought he would have been aware of NY laws.

  2. #2
    Regular Member Sorcice's Avatar
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    Do not go to newyork with a gun

    If he's passing through and knows about the checkpoint he should have encased it. He'd of been protected by federal transport law. Kinda screwed himself with knuckles and dagger.

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    Quote Originally Posted by Sorcice View Post
    If he's passing through and knows about the checkpoint he should have encased it. He'd of been protected by federal transport law. Kinda screwed himself with knuckles and dagger.
    He MIGHT have been protected. It depends on where he's going, because under that law your destination has to be a place where you can legally possess the firearm. If he had a NY destination, then he'd still be SOL.

    I've also read where in some places in New York, even if the "safe passage law" applies, they'll still charge you and tell you "You can use that as your defense at your trial."

    I would have entitled this thread "Do not go to New York. Period!"
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    Founder's Club Member protias's Avatar
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    If he was stopped in Columbia County, he'll be safe from the stupid magazine limit: http://www.humanevents.com/2013/05/3...s-new-gun-law/

    And as everyone has said, depending on his destination, he should be safe under safe passage.

    Where is the link to the article Law abider?
    Last edited by protias; 06-04-2013 at 04:54 PM.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

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    Sorry protias. I got it from my paper but it had other articles in it. Here it is: http://www.piercecountyherald.com/ev...icle/id/53674/

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    Regular Member conandan's Avatar
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    As a truck driver myself I can tell you New York and a few other states handle firarms in trucks differently than other vehicles. Regardless of the actual laws the do not allow firearms in commercial vehicles, they say it illegal even when its not. You can be licensed and carry with in the law but being in a truck you will get charged in some states and will have a hard time fighting it in court just because your in a commercial vehicle. And for those the do not know truck drivers have no rights when it comes to searching our trucks. LEO's do not need a warrant or your permission to search your truck.

  8. #8
    Regular Member Sorcice's Avatar
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    Do not go to newyork with a gun

    I see what ya mean Shotgun. Sneaky SOBs. Lol.

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    Quote Originally Posted by conandan View Post
    LEO's do not need a warrant or your permission to search your truck.
    Nor your automobile, only PC is needed.
    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by conandan View Post
    And for those the do not know truck drivers have no rights when it comes to searching our trucks. LEO's do not need a warrant or your permission to search your truck.
    Have been a commercial Truck inspector for years this statement is false to some extent, There are things one can inspect that don't need a warrant and things that do need a warrant.

    If and inspector is checking bills of lading info, load securement, equipment, log books. all those thing can be looked at with out a warrant.

    If a driver tells me he has no log book one can't go digging for one. If one is checking equipment and load securement and one finds a closed brief case one can't not search the brief case.

    If during a legitimate inspection one sees stuff in plain sight it is fair game. If an inspector asks to look into something like a brief case, box or other enclose space that isn't part of the normal inspection just say no.

    If the inspector needs to ask then he needs permission to look..

    Inspector do you have a log book

    Driver no,

    Inspector can I see your brief case or look in your cab. thinking he can find one.

    Driver say ok

    The whole cab, brief case can be search with out warrant.

    Driver says no

    Inspector takes enforcement for no log book.

    If they are asking for permission they need it.

    Inspector ask driver for log book

    Driver says no

    Inspector sees log book on the floor tells driver tells driver to hand it to him. driver hands it to him search over

    Drivers says no inspector can enter cab to get log book, when he is bending over to get log book inspector sees pistol under the seat.

    Both log book and pistol can be taken.

    Know what is legal and proper, know when can say no and when one has to comply. Be polite and firm but don't get talked into giving up more then is required by law.

    Company owned trucks driver as little say if Inspector calls the company and they say go ahead.
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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Law abider View Post
    Sorry protias. I got it from my paper but it had other articles in it. Here it is: http://www.piercecountyherald.com/ev...icle/id/53674/
    Thanks, I was too lazy to search.

    Quote Originally Posted by Nightmare View Post
    Nor your automobile, only PC is needed.
    False. If that were the case, then they'd search every vehicle because they'll say they had PC and get away with it. They either need permission or a warrant. If they have such awesome PC, then they'll have no problem getting a warrant. If they want to do it anyway, lock your keys in your car. You'll want to get Viper Smart Start on your phone (so secure it with a password) to get back in. You can't be forced to give up your 4A right.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  12. #12
    Regular Member conandan's Avatar
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    Talking

    Quote Originally Posted by Firearms Iinstuctor View Post
    Have been a commercial Truck inspector for years this statement is false to some extent, There are things one can inspect that don't need a warrant and things that do need a warrant.

    If and inspector is checking bills of lading info, load securement, equipment, log books. all those thing can be looked at with out a warrant.

    If a driver tells me he has no log book one can't go digging for one. If one is checking equipment and load securement and one finds a closed brief case one can't not search the brief case.

    If during a legitimate inspection one sees stuff in plain sight it is fair game. If an inspector asks to look into something like a brief case, box or other enclose space that isn't part of the normal inspection just say no.

    If the inspector needs to ask then he needs permission to look..

    Inspector do you have a log book

    Driver no,

    Inspector can I see your brief case or look in your cab. thinking he can find one.

    Driver say ok

    The whole cab, brief case can be search with out warrant.

    Driver says no

    Inspector takes enforcement for no log book.

    If they are asking for permission they need it.

    Inspector ask driver for log book

    Driver says no

    Inspector sees log book on the floor tells driver tells driver to hand it to him. driver hands it to him search over

    Drivers says no inspector can enter cab to get log book, when he is bending over to get log book inspector sees pistol under the seat.

    Both log book and pistol can be taken.

    Know what is legal and proper, know when can say no and when one has to comply. Be polite and firm but don't get talked into giving up more then is required by law.

    Company owned trucks driver as little say if Inspector calls the company and they say go ahead.

    I have had several incounters with dot and state police searching my truck. I was stopped in Arizona for speeding outside of flagstaff. Gave him all my documents then he made me stand outside while he searched my truck. Went in to my file cabinet and started going thru my paper work and receipts. Found weight tickets that were not for my truck but used them to say my logs were fales. I got an attorney proved weights were not for my truck and was told by attorney and court that officers can search my truck for any reason without my consent.

    Was searched in Florida for no reason was in a rest area sleeping officer woke me up to check my logs and search truck. Again I talked to a lawyer and was told the same thing. In both cases my firearm was never found and I was not asked so I didn't say anything.

    If your saying we have rights to refuse search what good does it do when Leos don't respect our rights and lawyers say they can do this. Most of my encounters with Leos have been good and officers were respectful but some abuse their authority.

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    During my driving school days (class "A"), I was given a copy of the DOT regs to read while i waited for paperwork to be done and I could swear that I read that commercial drivers were not allowed to have weapons in the vehicles. Or did that get changed?
    <-----Leading by example....while armed

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    Quote Originally Posted by conandan View Post
    As a truck driver myself I can tell you New York and a few other states handle firarms in trucks differently than other vehicles. Regardless of the actual laws the do not allow firearms in commercial vehicles, they say it illegal even when its not. You can be licensed and carry with in the law but being in a truck you will get charged in some states and will have a hard time fighting it in court just because your in a commercial vehicle. And for those the do not know truck drivers have no rights when it comes to searching our trucks. LEO's do not need a warrant or your permission to search your truck.
    No guns allowed? Wonder how my local gun shop got all their inventory there?

    And the 4th amendment has no exemption for the gov't to search businesses ... in fact the courts have called businesses "persons" in the eyes of the law.


    Driving around oblivious to the laws you are subject to will make you a subject.

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    Regular Member conandan's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    No guns allowed? Wonder how my local gun shop got all their inventory there?

    And the 4th amendment has no exemption for the gov't to search businesses ... in fact the courts have called businesses "persons" in the eyes of the law.


    Driving around oblivious to the laws you are subject to will make you a subject.
    There is a big difference between carrying a firearm and transporting firearms. When you ship or transport firearms they are regulated under commerce laws. When you carry your personal firearm it is not under commerce but a lot of states use the commerce laws to say you can't have a firearm in your cab.

    In my 20 years of driving one thing is clear it does not matter what the law says its how the police want to interpret it, and how the courts want to interpret it.

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    Quote Originally Posted by davidmcbeth View Post
    No guns allowed? Wonder how my local gun shop got all their inventory there?

    And the 4th amendment has no exemption for the gov't to search businesses ... in fact the courts have called businesses "persons" in the eyes of the law.


    Driving around oblivious to the laws you are subject to will make you a subject.

    THANK YOU!!!

    You only have the rights that you are willing to fight to defend!!

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    Quote Originally Posted by conandan View Post
    There is a big difference between carrying a firearm and transporting firearms. When you ship or transport firearms they are regulated under commerce laws. When you carry your personal firearm it is not under commerce but a lot of states use the commerce laws to say you can't have a firearm in your cab.

    In my 20 years of driving one thing is clear it does not matter what the law says its how the police want to interpret it, and how the courts want to interpret it.
    The guy never said he was transporting guns, just carrying (ie personal use ~ at least that's how its meant commonly on this website) .. miscommunication ? Anytime you ship US DOT regs apply to commercial folks.

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    I had to fly some firearms a few years back and I won't even to a transfer there. I made a point to get myself to the SW before I would get off the plane.

    NY is about as unfriendly toward firearms as you can get in the US.

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    Quote Originally Posted by conandan
    one thing is clear it does not matter what the law says its how the police want to interpret it, and how the courts want to interpret it.
    You're just figuring this out?
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
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    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
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    Quote Originally Posted by MKEgal View Post
    You're just figuring this out?
    except for the pain in the butt unlawful charges can cause (and cost) one

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    Quote Originally Posted by davidmcbeth View Post
    except for the pain in the butt unlawful charges can cause (and cost) one
    Experience is a good teacher and bad experience is a better teacher. I wonder if he had to wait on an indictment, or if he learned from other's.
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