GOYABEAN
.950 JDJ
never should had entered into the gulag 
Arkansas man facing felony gun charges after commercial truck inspection on the Thruw
- Thread starter GOYABEAN
- Start date
never should had entered into the gulag 
Celt
.450/400 Nitro Ex
Insanity
ManualF150
.308 Win
This is what gets me, the driver sleeps in the truck and it's technically his house and his business. Should be constitutionally protected.
I feel bad for that driver.
I feel bad for that driver.
When driving through NYS, be prepared to take chances. Of course, this should not even be necessary, if he was licensed in his home state. Of course, Arkansas is now constitutional carry which should be the law around the country.
This is a reason why we should be careful of demanding "just enforce the Laws on the Books".
Depending on the County, Judge, and DA in it, the Charges will be reduced to a misdemeanor, gun confiscated and destroyed, three digit fine plus Court Costs and he'll be on his way to NEVER setting foot in NY again... at least that's what typically happens up here with Truckers at the Border or going into Fort Drum (from Free State).
Saltwater60
20×102mm Vulcan
But he only stopped because they told him to right? I get the 13-rounder is a big non no but the others if he was only passing through shouldn’t be a crime.
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Maybe some here who are familiar with the regulations can educate some of us. I am curious: does a DOT inspection of a truck on the highway allow for the personal belongings of the driver to be searched? I thought they could check the driver's log, permits, weight, operating lights, etc.
Then again, with his .22 loaded in the driver's door, maybe they saw that and then searched? Even if he was legal to transport thru NYS to a destination where he would have been legal with it (under FOPA) such as Vermont, I believe that requires the firearm to be unloaded and out of the driver's reach. I would think having an over ten round magazine would fall under the same thing?
Anybody know?
Then again, with his .22 loaded in the driver's door, maybe they saw that and then searched? Even if he was legal to transport thru NYS to a destination where he would have been legal with it (under FOPA) such as Vermont, I believe that requires the firearm to be unloaded and out of the driver's reach. I would think having an over ten round magazine would fall under the same thing?
Anybody know?
Yes they have to be unloaded to travel. Technically you cant stop anywhere either. The mandated stop would be a grey area. NY would still have arrested him for both possessing the guns and the 13 round mag(even if both were unloaded) because they don't care about laws.
Bigfoot
.577 Tyrannosaur.
I'll just say FUNYSP - FUKH
New York State has gone rogue.
There are one too many stars on the American flag...
New York State has gone rogue.
There are one too many stars on the American flag...
repete
.338 Win Mag
DOT cops can inspect a multitude of things including "proper bedding"! If you are logging time in the sleeper then you need a mattress blankets/sleeping bag and (I believe ) pillow.
I've never had any diesel cop check my sleeper for any reason, Opps I take that back, they did glance in there one time looking for people.
It's not uncommon when stopped for the cop to climb up on the steps with the door open, at that point he can see pretty much everything that's in the open. This driver was a real dumb ass, he had plenty of time to grab the gun and toss it into one of the overhead cubby's.
ManualF150
.308 Win
Yeah, probably could've been avoided if he had a hidden safe in the truck.
But still uncalled for by the NYSP.
meketrefe
.450/400 Nitro Ex
He thought he was travelling through a free country and unaware of the fundamentalist states.
DOT inspections do not include an interior search. The inspection is supposed to be on the various mechanical systems of the tractor and trailer. The sleeper berth area is indeed legally considered a domicle and cannot be randomly search by law enforcement. The inspecting officer probably noticed the .22 the driver carelessly left in plain view and used that as probable cause for a search of the interior. There are no DOT specific regulations regarding firearms on commercial vehicles. Drivers are subject to whatever state and local laws the areas they travel through.
This driver needs to hire a good lawyer and should have been more discrete. Many people from outside ban states are completely ignorant of the ridiculous, unconditional laws of such states.
That_FNG
.308 Win
Sounds like he has standing.
repete
.338 Win Mag
I used to keep my lil 9mm in a dash cubby hole just below the radio but ANY time I got pulled in to a 'coop' or pulled over (it happens) I would tossed the gun into the overhead compartment and close the door. I did that for years even though I have a NYS permit, why invite trouble? I only ran in NY.
Jsmegs77
.308 Win
This is the problem with overly restrictive jurisdictions. People from America live their lives not aware of the insanity we have to live under, and then happen to come here and do what they’ve always done in and around their home area (After all, carrying a pistol in your car is and has been commonplace in much of the South for my lifetime at least). Nobody in Arkansas gives a rats ass what nonsense firearms restrictions NY has. They don’t live there or have to think twice about it, then they come here and get jammed up.
Not that I would wade into the legal quagmire that is carrying a firearm in an OTR truck............. BUT if I WERE I would keep it in a very ordinary, everyday looking receptacle such as a backpack or tote or an opage plastic bin or some such and place it somewhereout of the way. If I were antipating a situation in which a search was a possibility I would take said receptical and stow it in a lockable compartment, in the bunk area amongst other miscellaneous luggage. Or in the bottom of a dirty clothes hamper which I would place in the closet area under the hanging coats and shirts. And I would absolutely ensure the firearm were kept well concealed in the bunk area or on my person at all times, certainly not in the front part of the cab and I would most certainly NEVER EVER talk about it with ANYONE AT ALL, not even my closest friends or family. I would also make sure I drove carefully and did everything I could to avoid getting into a major accident which would likely expose such a sensitive item. I would also be wary of any facilities that have the drive through xray scanners such as Port or military facilities.
Jmac00
.475 A&M Magnum
its always amazing to me, that a person is perfectly safe and responsible to carry a firearm in 80% of the country, but 20% of the country is arrogant enough to believe they are morally superior to all others and your a disgusting human if you don't kiss their ass.
what makes 20% of the country think they have the right to violate our civil rights
what makes 20% of the country think they have the right to violate our civil rights
The 20% want us disarmed, helpless, afraid. It is not arrogance it is malevolence. Democrats want crime high, they want us powerless and totally dependent on the centralized authority. Democrats want to rule over us as lords over peasants. That is truly what they want, to create a new aristocracy and a return to feudalism.
spat
.950 JDJ
We hung people at Nuremberg for "just following orders".
It needs to happen again to remind people that some orders should not *be* followed.
It needs to happen again to remind people that some orders should not *be* followed.
Deplorable Me
.700 Nitro Express
Show me the criminal intent.
YES! Someone else actually gets it!
It's gaslit all around us as compassion, making of streets safer, bail reform, emptying Prisons, all the things, the normativism, the societal standards and customs that built and maintained society are now turned on our heads.
subsonic
.44 mag
Yeah, this guy is not smart. VietnamEraVet is right that it would have to be unloaded for transport under federal law (and also not stowed in a door compartment).
One might also want to know if Jose Luis Jr. is an illegal alien which would make him a prohibited person. Garfield, Arkansas is not a town with a large legal Hispanic community. One case where it would make sense to arrest and deport him, our state would probably drop charges. In the unlikely event he's a native-born trucker he's fucked.
One might also want to know if Jose Luis Jr. is an illegal alien which would make him a prohibited person. Garfield, Arkansas is not a town with a large legal Hispanic community. One case where it would make sense to arrest and deport him, our state would probably drop charges. In the unlikely event he's a native-born trucker he's fucked.
John Stark
.44 mag
I think that depends on a number of variables. Good legal representation would be the first step in defense, who the prosecutor is would be another big variable. The company he works for would be another factor, at least as far as him retaining his employment and having the financial means for a a real defense.
FOPA is another law that has seen its day, and is eminently susceptible to a challenge now that the dam has finally broken.
Granted, even if this guy is 100% legit, its probable that he will cop a plea and not push too hard. The process of challenging anything in this shithole is daunting and requires someone's deep pockets.
Not a company in the industry would have this guy's back. Trucking companies either have a no guns policy or at best a "you're on your own if you do" policy. My company has no explicit gun policy in written form, it's just not covered in the handbook, but if asked outright will say drivers are not to carry firearms.
When anything whatsoever goes wrong the industry standard is to blame everything on the driver and run for the hills.
This driver is absolutely getting fired I have no doubt though this is the least of his concerns.
Acer-m14
20×102mm Vulcan
so how do armored truck drivers work .. i'm talking semi truck n trailer 18 wheels ..
a year or so i had one at work .. dressed like a cop .. open carry .. who is this dude .. watched him walk out to his semi truck n trailer ..
no clue on the truck plates for state .. i wasn't going to get that close ..
but let say they were from out of state ..
a year or so i had one at work .. dressed like a cop .. open carry .. who is this dude .. watched him walk out to his semi truck n trailer ..
no clue on the truck plates for state .. i wasn't going to get that close ..
but let say they were from out of state ..
Cavalry
.338 Win Mag
It could have been something else but I know nuclear shit is transported by armed guards in average looking trucks. Its a fed job...
John Stark
.44 mag
I hear you on that, and agree the trucking industry has turned to shit. I've seen it first hand 30 years with a commercial license. Managers do not support their personnel, and will screw them over if corporate tells them to even when the driver WAS following policy.
There are still some smaller local companies that will go to bat for a driver, especially if they are one that has been with them a long time and been a good employee. Its definitely a shrinking circle though, and not something that makes the "news." Regulation and insurance have turned trucking into a clusterfuck.
I've pretty much decided to move on from the "industry" given the dynamics in play now. I've had the knife stuck in my own back more than once.
Hauling munitions for Uncle Sam? I've seen the trucks many different times at the gates, but never the Drivers... supposedly they are tracked very closely and stops are to be coordinated and communicated.
I have little choice but to remain a driver. Where else can a man with a High School diploma earn $30 an hour?
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