• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Do not go to newyork with a gun

L

Law abider

Regular Member
Joined
Aug 17, 2011
Messages
1,164
Location
Ellsworth Wisconsin
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.
 
Sorcice

Sorcice

Regular Member
Joined
Nov 13, 2011
Messages
381
Location
Madison, WI
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.
 
Shotgun

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
Sorcice said:
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.
Click to expand...

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!"
 
C

conandan

Regular Member
Joined
Nov 5, 2012
Messages
235
Location
florida
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.
 
F

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,431
Location
northern wis
conandan said:
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.
Click to expand...

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.
 
P

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
Law abider said:
Sorry protias. I got it from my paper but it had other articles in it. Here it is: http://www.piercecountyherald.com/event/article/id/53674/
Click to expand...

Thanks, I was too lazy to search.

Nightmare said:
Nor your automobile, only PC is needed.
Click to expand...

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.
 
C

conandan

Regular Member
Joined
Nov 5, 2012
Messages
235
Location
florida
Firearms Iinstuctor said:
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.
Click to expand...


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.
 
D

Deek

Regular Member
Joined
Feb 8, 2010
Messages
128
Location
Little Chute, Wisconsin, USA
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?
 
davidmcbeth

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
conandan said:
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.
Click to expand...

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.
 
C

conandan

Regular Member
Joined
Nov 5, 2012
Messages
235
Location
florida
davidmcbeth said:
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.
Click to expand...

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.
 
N

Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
davidmcbeth said:
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.
Click to expand...


THANK YOU!!!

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

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
conandan said:
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.
Click to expand...

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.
 
Black_water

Black_water

Regular Member
Joined
Jun 11, 2013
Messages
125
Location
On The Border in AZ
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.
 
You must log in or register to reply here.
Top