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Thread: Anothet driver arrested in New York

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    Regular Member conandan's Avatar
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    Anothet driver arrested in New York

    I was listening to cam and company last night on xm and they reported a driver arrested. I haven't been able to find the news article yet, but I believe they said it was in Jamestown, ny. And they didn't give any details.

    New York has no tolerance for firearm possession. Even if its carried under FOPA.

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    I have no tolerance for no tolerance.

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    Regular Member conandan's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I have no tolerance for no tolerance.
    I like that..

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    Campaign Veteran skidmark's Avatar
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    Probably this: http://www.observertoday.com/page/co....html?nav=5058

    Trucker jailed on gun charges

    ELLERY (AP) - A truck driver from Wisconsin is in jail after state police say they found him carrying an illegal handgun and other weapons.

    Troopers conducting a commercial vehicle checkpoint Monday afternoon on Interstate 86 in the town of Ellery say they were inspecting Michael Coulter's tractor-trailer when they found a Hi-Point model JCP .40-caliber pistol inside the truck.

    Police say the 45-year-old Milwaukee resident didn't have a valid pistol permit for the gun and was in possession of three ammunition magazines containing 10 rounds each. New York's gun laws limit magazines to seven rounds.

    Troopers say Coulter also had a dagger, billy club and metal knuckles. He's being held in the county jail.
    Until we know about Mr. Coulter's route we will not know if FOPA could be invoked (and NYS says FOPA can be used as a defense against the charge but will not get you out of being charged).

    NYS says you must have a NYS/NYC pistol permit if you have a pistol in NYS - but they do not give non-resident permits. Not much of a catch-22 there, is it?

    The "billy club" may have been a tire thumper. But the knuckles and the dagger (presuming it in fact is a dagger and not some other style of knife) will be problematical.

    Seriously, how many people do not already know NYS will screw you on a handgun without a NYS permit/. It's getting hard to feel sorry for anybody any more.

    stay safe.
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    Regular Member conandan's Avatar
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    Quote Originally Posted by skidmark View Post
    Probably this: http://www.observertoday.com/page/co....html?nav=5058



    Until we know about Mr. Coulter's route we will not know if FOPA could be invoked (and NYS says FOPA can be used as a defense against the charge but will not get you out of being charged).

    NYS says you must have a NYS/NYC pistol permit if you have a pistol in NYS - but they do not give non-resident permits. Not much of a catch-22 there, is it?

    The "billy club" may have been a tire thumper. But the knuckles and the dagger (presuming it in fact is a dagger and not some other style of knife) will be problematical.

    Seriously, how many people do not already know NYS will screw you on a handgun without a NYS permit/. It's getting hard to feel sorry for anybody any more.

    stay safe.
    The Milwaukee driver is not the one I am talking about. I found the link when I searched for it. It said driver arrested in Jamestown, NY with a 40 cal. And other charges. But when I went to the state police site it was not there. When I can find it I will post it.

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    Regular Member Michigander's Avatar
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    Quote Originally Posted by skidmark View Post
    Probably this: http://www.observertoday.com/page/co....html?nav=5058 Seriously, how many people do not already know NYS will screw you on a handgun without a NYS permit/. It's getting hard to feel sorry for anybody any more.
    While I avoid the east coast entirely, some can't, and if you're passing through it can be hard to avoid new york. Not that I would know about NY from experience having never been there, but it looks like they are actually worse than the PRK for being in blatant defiance to the bill of rights as a whole. And I would assume that such as is the case with the PRK, the people it attracts tolerate it as a fairly universal rule, so there will not likely be any fixing it.

    In short, I think they are a bunch of criminals and I wish good people passing through counting on the FOPA all the luck they can get in avoiding being victimized by those statist thugs.
    Last edited by Michigander; 06-12-2013 at 11:08 PM.
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    Troopers conducting a commercial vehicle checkpoint Monday afternoon on Interstate 86 in the town of Ellery say they were inspecting Michael Coulter's tractor-trailer when they found a Hi-Point model JCP .40-caliber pistol inside the truck.
    How does a 'truck inspection' transition into a search of the inside of the truck??

    Its been quite a few years since I have held a CDL (and even then I only drove locally, and not OTR), but I have been through a number of truck inspections in the past. All of them were just that... truck inspections. They checked the lights, tires, suspension, brake adjustment, weight, load paperwork, etc. I never had an 'inspector' want to search the truck. Has that changed? Are they now given authority to search... or do they still need either some sort of reasonable cause, or permission of the driver?

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    Quote Originally Posted by skidmark View Post
    Probably this: http://www.observertoday.com/page/co....html?nav=5058



    Until we know about Mr. Coulter's route we will not know if FOPA could be invoked (and NYS says FOPA can be used as a defense against the charge but will not get you out of being charged).

    NYS says you must have a NYS/NYC pistol permit if you have a pistol in NYS - but they do not give non-resident permits. Not much of a catch-22 there, is it?

    The "billy club" may have been a tire thumper. But the knuckles and the dagger (presuming it in fact is a dagger and not some other style of knife) will be problematical.

    Seriously, how many people do not already know NYS will screw you on a handgun without a NYS permit/. It's getting hard to feel sorry for anybody any more.

    stay safe.

    What if he's a free man who decided not to be told where and when he can defend himself, and carried in knowing disregard of the draconian laws?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Citizen View Post
    What if he's a free man who decided not to be told where and when he can defend himself, and carried in knowing disregard of the draconian laws?
    I think we already know the answer to that question.

    That does not mean I agree with or support the status quo. It means that the status quo exists.

    stay safe.
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    The notion that a federal law which specifically states that it preempts state law becomes just an affirmative defense to a state law charge is laughable.

    The prosecutor and the trooper should lose their jobs.

    Now, if the driver didn't have his gun properly stowed or if he doesn't meet the other requirements, he cannot use FOPA.

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    Quote Originally Posted by skidmark View Post
    Probably this: http://www.observertoday.com/page/co....html?nav=5058



    Snip.........................

    Seriously, how many people do not already know NYS will screw you on a handgun without a NYS permit/. It's getting hard to feel sorry for anybody any more.

    stay safe.
    Back when I drove, I couldn't tell you what states I would go through before I came back home.
    I would imagine that hasn't changed in the last few years.

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    Drivers who carry should boycott NYS, hell all drivers should. Solves the problem completely, let New Yankee State get there goods from the docks.

    That said I kept my Star in a locked chain box when in places that searched and used xray. The Star was never found even with the xray. The problem with FOPA in the one case above the gun was loaded, and apparently in the cockpit or within reach of.

    As far as the dagger it was probably a buck knife or something similar, the billy club a tire thumper. I used a 20 oz hammer for a thumper, but hammers might be illegal in NYS.
    Last edited by WalkingWolf; 03-14-2014 at 08:12 AM.
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    Quote Originally Posted by WalkingWolf View Post
    Drivers who carry should boycott NYS, hell all drivers should. Solves the problem completely, let New Yankee State get there goods from the docks.

    That said I kept my Star in a locked chain box when in places that searched and used xray. The Star was never found even with the xray. The problem with FOPA in the one case above the gun was loaded, and apparently in the cockpit or within reach of.

    As far as the dagger it was probably a buck knife or something similar, the billy club a tire thumper. I used a 20 oz hammer for a thumper, but hammers might be illegal in NYS.
    Especially if they are evil black assault hammers....
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    Quote Originally Posted by WalkingWolf View Post
    Drivers who carry should boycott NYS, hell all drivers should. Solves the problem completely, let New Yankee State get there goods from the docks.

    That said I kept my Star in a locked chain box when in places that searched and used xray. The Star was never found even with the xray. The problem with FOPA in the one case above the gun was loaded, and apparently in the cockpit or within reach of.

    As far as the dagger it was probably a buck knife or something similar, the billy club a tire thumper. I used a 20 oz hammer for a thumper, but hammers might be illegal in NYS.
    Fortunately, all of my commercial driving is 100% intrastate within VA, so I don't have to worry about all of that goofiness. In a way, I'm already refusing service to everywhere that isn't Virginia.

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    Quote Originally Posted by skidmark View Post

    Seriously, how many people do not already know NYS will screw you on a handgun without a NYS permit/. It's getting hard to feel sorry for anybody any more.

    stay safe.
    THANK YOU!!!!! No gun owner on the planet gets to play the "I didn't know" card when it comes to NY!



    Sent from my Samsung Galaxy S4 using Tapatalk

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    Quote Originally Posted by snatale42 View Post
    THANK YOU!!!!! No gun owner on the planet gets to play the "I didn't know" card when it comes to NY!

    Sent from my Samsung Galaxy S4 using Tapatalk
    Knowing -- and obeying the law -- wherever one travels is just common sense, especially when it comes to firearms. I live in Alexandria in the Commonwealth of Virginia and have frequent need to travel back into TPR of Maryland and into DC, both of which are among the absolute worst jurisdictions when it comes to gun rights. Every time I get into my car, I do a mental and physical check to determine whether or not there is any possibility that I will be crossing the Potomac and, if so, making sure my car is sanitized. This is especially true when going into DC, where even having a spent brass casing in the car is grounds for arrest. It has already happened to another.

    I cannot imagine anyone being careless enough to (1) not know the laws and (2) not insuring that they are in compliance before they set out.

    As for those on OCDO who openly declare that they don't care what the laws are, that they will carry where they see fit IAW their 2A rights, all I can say is... don't drop the soap in the shower at the Graybar Hotel.
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    Quote Originally Posted by Blk97F150 View Post
    How does a 'truck inspection' transition into a search of the inside of the truck??

    Its been quite a few years since I have held a CDL (and even then I only drove locally, and not OTR), but I have been through a number of truck inspections in the past. All of them were just that... truck inspections. They checked the lights, tires, suspension, brake adjustment, weight, load paperwork, etc. I never had an 'inspector' want to search the truck. Has that changed? Are they now given authority to search... or do they still need either some sort of reasonable cause, or permission of the driver?
    This is what I was wondering as well.

    I think it's safe to say NY is a "constitution free" zone . . .
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    Quote Originally Posted by Running Wolf View Post
    This is what I was wondering as well.

    I think it's safe to say NY is a "constitution free" zone . . .
    Inspection of cab is common in a commercial vehicle. But that is as far as it should go, sleeper and locked compartments should be off limits. I always locked my gun in the chain box covered by chains. I am guessing this driver had his firearm within reach, or there was other evidence that led to a more complete search.
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    I assume the driver didn't have his fire arms in accordance to FOPA law, I figure if you're pistol & ammo is in two separate key locked chained to the truck box's, there would be no reason for LEO to search those box's.
    most likely he gave up his right to the search of the cab witch I consider off limits to LEO unless RAS is suspected.
    I was pulled over once for an inspection in N.C. the trooper only inspected the out side of the truck asked for my log book I told him if he could operate the E-log computer he was welcome to it and he decided not to.
    we did the horn , high beam's , signal lites , trailer lites , the only thing he could find where some slightly dragging trailer air hose's witch I only got a warning for.
    the night before girl friend and I celebrated new year's eve spent the night at a day's inn and I had some wine & beer in the cooler.
    I belive a search of the cab on a truck inspection is illegal.

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    I wouldn't make that assumption. I've heard stories of NY police ignoring FOPA, leaving their victim to have to raise it at trial at great risk and expense.

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    Regular Member The Truth's Avatar
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    I wonder if New York will ever be a free state again... these stories truly cause me to bang my head on the table...

    Sic semper evello mortem tyrannis.

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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
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    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

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    based on prior knowledge of similiar issues..............

    Quote Originally Posted by Seigi View Post
    I wouldn't make that assumption. I've heard stories of NY police ignoring FOPA, leaving their victim to have to raise it at trial at great risk and expense.
    a few years back NY State Police were known to be continually harassing private individuals hauling large horse trailers with Dually pickups. Now admittedly they might have been over 16K GCW but what about motor homes? You don't have to have any special license to drive a class A 40 footer anywhere in this country as far as I know, so why were they bothering folks hauling horse trailers with dually's ? Because somebody said that perhaps they should impose somebody's interpretation of the commercial truck regulations onto private citizens, so the cops decided to do it. They eventually stopped that practice but it just shows what NY State Police can do to make your life miserable if they want to. And the current Governor goes right along with their fascist tactics, in the name of "public safety
    .

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    Nightmare

    Quote Originally Posted by The Truth View Post
    I wonder if New York will ever be a free state again... these stories truly cause me to bang my head on the table...

    Texas nightmare. A Yankee with a UHaul

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    Quote Originally Posted by Blk97F150 View Post
    How does a 'truck inspection' transition into a search of the inside of the truck??

    Its been quite a few years since I have held a CDL (and even then I only drove locally, and not OTR), but I have been through a number of truck inspections in the past. All of them were just that... truck inspections. They checked the lights, tires, suspension, brake adjustment, weight, load paperwork, etc. I never had an 'inspector' want to search the truck. Has that changed? Are they now given authority to search... or do they still need either some sort of reasonable cause, or permission of the driver?
    The sleeper berth area is a tricky one. It is your living quarters, but it is part of a vehicle engaged in commercial activity. There is normally a real RAS for that area to get pulled apart. Even if crossing an international border. A really meaningful inspection even of a new rig will find something, however minor.
    I have also seen trucks pass inspection that I would not even get in.

    Depending on the level of inspection most, as those you experienced, are level 3 and are conducted routinely at random. I once PO'd a Maryland trooper who escorted me to a weigh station for a "everything but body orifices" inspection. The officers there declined, saying it was dark, cold, and if he wanted it done to do it himself; I got a level 3.

    In some states even the color of the sheets on your bunk were state mandated, although regularly unenforced.

    Digression over.

    Knowing the laws may not keep you out of trouble in some states, but it will certainly improve your chances for avoiding problems.
    Last edited by bc.cruiser; 11-18-2014 at 04:37 PM.

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