So you have a gun in your truck?

TeamCaffee

Administrator
Staff member
Owner/Operator
I thought this was a very good article:

OOIDA’s Land line: Georgia trucker arrested in NY for carrying gun without permit

By Clarissa Kell-Holland, Land Line staff writer

A truck driver from Georgia was arrested in upstate New York recently after admitting he was carrying a 9 mm gun in his truck that he purchased for protection.

Lonnie Davis, 24, of Augusta, GA, was initially stopped by Niagara County sheriff’s deputies after he crossed the center line around 4:30 p.m. on Aug. 3 on Niagara Falls Boulevard in Wheatfield, NY, according to the The Buffalo News.

He then admitted he was carrying the gun he purchased from a pawn shop in Georgia, but had failed to obtain a concealed carry permit from his home state. He told police he bought the gun after an attempted robbery at a truck stop in Florida. The newspaper reported that police found the gun “unloaded, on a shelf next to his sleeper bed and a magazine containing eight rounds of ammunition.”

At press time, he is being held in the Niagara County jail and is scheduled to appear in court on Tuesday.

Even if Davis had had the proper permit in Georgia, it still wouldn’t have been recognized by New York because there is no reciprocity between the two states, according to Road Law attorney Jeff McConnell.

In recent years, many truckers hauling high-dollar loads have found themselves targets for criminals looking to make a quick buck by robbing them of their possessions, freight and – in some cases – their lives.

In 2009, the Owner-Operator Independent Drivers Association supported an amendment that was offered by Sen. John Thune, R-SD, but which was voted down. The amendment would have allowed individuals who have concealed carry permits to carry a firearm in other states that also grant concealed carry permits.

“There’s not one national or federal license that an individual can get,” McConnell told Land Line Now recently. “The Federal Motor Carrier Safety Regulations don’t specifically mention carrying a loaded firearm or an unloaded firearm. There’s nothing specifically stated in Part 383.51 of the regs that prohibits or permits weapon use.”

McConnell said many drivers who have concealed carry permits from their home states don’t realize that taking their guns across state lines can prove costly, both financially and to their trucking careers.

“I get this question a lot that drivers from one state, they have a state permit from their home state, and they believe it’s a national permit. There’s no such animal; it doesn’t exist,” he said.

Land Line Now staff reporter Reed Black contributed to this report.

Copyright © OOIDA
 

mcavoy33

Seasoned Expediter
Could you not just keep a shotgun instead of a handgun?

Personally, I'd rather be robbed than risk getting shot in an attempted robbery, I like living more than I like strangers freight and my laptop.
 

Scuba

Veteran Expediter
Could you not just keep a shotgun instead of a handgun?

Personally, I'd rather be robbed than risk getting shot in an attempted robbery, I like living more than I like strangers freight and my laptop.

Do you really think being unarmed means you stand a better chance at living?? The crime here is that drivers that have high value freight are targets and the law doesn't allow us to protect ourselves. If the theives dont know if you are armed they may seek a safer target nothing is fool proof. But given my druthers i would like to be able to carry on the job. My cc permit gives me 26 states to carry in not enough once vetted you should be able to carry anywhere. Then you have company policy to deal with at Panther it is automatic gun in the truck they pull your contract.
 

TeamCaffee

Administrator
Staff member
Owner/Operator
Do you really think being unarmed means you stand a better chance at living?? The crime here is that drivers that have high value freight are targets and the law doesn't allow us to protect ourselves. If the theives dont know if you are armed they may seek a safer target nothing is fool proof. But given my druthers i would like to be able to carry on the job. My cc permit gives me 26 states to carry in not enough once vetted you should be able to carry anywhere. Then you have company policy to deal with at Panther it is automatic gun in the truck they pull your contract.

FedEx has the same policy NO GUNS. I also wish we could carry our guns for a different reason. Bob and I like to shoot clay pigeons and i am learning target shooting. It would be a great past time.
 

greg334

Veteran Expediter
Well I find this as a lame excuse and will cause the criminal to ensure they are safe -

In recent years, many truckers hauling high-dollar loads have found themselves targets for criminals looking to make a quick buck by robbing them of their possessions, freight and – in some cases – their lives.

If you as a trucker shoots someone who is robbing them, it may escalate the problem. A lot of crime happens by gangs and they won't take too kindly to the gun fight and will just start opening their crime with shooting the person and not caring.

ALSO the risk of having someone shooting in a bad situation say in a truck stop or even on the side of the road where others are around (driving by) could cause other legal issues.

The freight isn't important.
 

Camper

Not a Member
FedEx has the same policy NO GUNS. I also wish we could carry our guns for a different reason. Bob and I like to shoot clay pigeons and i am learning target shooting. It would be a great past time.

Yeah, that's a prime example of the contractor paradox...You're your own business with respect to the maintenance/acquisition of your truck, yet you're treated like an employee with respect to what you can do/have in that truck you paid for.




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TeamCaffee

Administrator
Staff member
Owner/Operator
I do not know of any companies that allow guns in a truck and as a truck owner we would not have a gun in the truck with the laws the way they are.

We also go to Canada and I believe that is a felony charge having a weapon in the truck.
 

OntarioVanMan

Retired Expediter
Owner/Operator
Well I find this as a lame excuse and will cause the criminal to ensure they are safe -

In recent years, many truckers hauling high-dollar loads have found themselves targets for criminals looking to make a quick buck by robbing them of their possessions, freight and – in some cases – their lives.

If you as a trucker shoots someone who is robbing them, it may escalate the problem. A lot of crime happens by gangs and they won't take too kindly to the gun fight and will just start opening their crime with shooting the person and not caring.

ALSO the risk of having someone shooting in a bad situation say in a truck stop or even on the side of the road where others are around (driving by) could cause other legal issues.

The freight isn't important.

No kidding... they can have the freight....protect the load my butt.....
 

LDB

Veteran Expediter
Retired Expediter
I would be more concerned with protecting my $100k truck and my priceless person then the freight no matter what it's value. If we were not illegally prohibited by the carrier and by stupid laws we wouldn't have this problem.
 

greg334

Veteran Expediter
If we were not illegally prohibited by the carrier and by stupid laws we wouldn't have this problem.

Yep because the chances are you would be dead. They would shoot first than tell you they are taking it.
 

Turtle

Administrator
Staff member
Retired Expediter
We also go to Canada and I believe that is a felony charge having a weapon in the truck.
[FONT=verdana, geneva, helvetica]Under the Canadian Firearms Act, the three classes of firearms are:[/FONT]

  1. [FONT=verdana, geneva, helvetica]Non-restricted (most ordinary rifles and shotguns);[/FONT]
  2. [FONT=verdana, geneva, helvetica]Restricted (mainly handguns); and[/FONT]
  3. [FONT=verdana, geneva, helvetica]Prohibited (full automatics, converted automatics, handguns with a barrel length of 105 mm (approx. 4") or less, and .25 or .32 caliber handguns among others). [/FONT]
[FONT=verdana, geneva, helvetica] Bringing Guns Into Canada
Prohibited guns, or replicas of prohibited guns cannot be taken into Canada. No exceptions.

To bring a Restricted gun (handgun) into Canada, you must be 18-years of age or older and acquire an Authorization to Transport (ATT) from a provincial or territorial Chief Firearms Officer (CFO) before you arrive at the point of entry into Canada. You cannot get an ATT for purposes of hunting or self-protection.

To bring Non-Restricted guns (long arms) into Canada, you must be 18-years of age or older, declare your guns at your first point of entry, complete a Non-resident Firearms Declaration form in triplicate, have it confirmed by a customs officer and pay a $50 (Canadian funds) fee.

Once confirmed, the Non-resident Firearms Declaration will act as a temporary license and registration certificate while in Canada and is valid for 60 days. Visitors may renew their temporary license any time during a 12-month period without paying an additional fee. Unlicensed non-residents who plan to borrow a firearm in Canada must obtain a Temporary Borrowing License.

Visitors will be able to purchase ammunition with Canadian firearms license, a confirmed firearms declaration form or a Temporary Borrowing License.

For
[/FONT][FONT=verdana, geneva, helvetica]Non-Restricted long arms, you basically have to be bring it in for one of these reasons:[/FONT]
sporting or hunting use during hunting season;
  • use in competitions;
  • in-transit movement (i.e., moving in the most direct route possible from Point A to Point B) through Canada; or
  • personal protection against wildlife in remote areas of Canada, as long as the customs officer is satisfied that the circumstances warrant the firearm being imported.
 

Monty

Expert Expediter
Did I mention I like Landstar?

Their take on this is .. if your are LEGALLY carrying a weapon they do not have an issue with it.

That said, so many states do indeed have conflicting laws, and since I travel many of them, I simply do not carry, even though I pocess a valid CCW permit. And then there's always that pesky border crossing if you do Canada.

(You should have seen the Canadian agent when I showed him my CCW permit as a form if ID) :D

"Most" states, that do not have CCW permits, or reciprocity with the sate of issue, (your experience may be different), say if you legally own the weapon, have a permit for it in your home state of record, you may indeed have it in your pocession, IF, you have the weapon disabled, such as weapon LOCKED in one location, and the ammo LOCKED in another.

But for most part, why bother. I have been driving for 42 years out here, and have never had an issue with robbery, or even a situation where I felt really uncomfortable.

Be where you're supposed to be, doing what your supposed to be doing and take few basic precautions, and all should be fine.

Just my humble opinion.
 
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asjssl

Veteran Expediter
Fleet Owner
I carry a can of wasp spray in the door....that will reach out 10'....and perfectly legal to carry.....

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cranis

Expert Expediter
Driver
My son in the Army has a concealed carry permit in PA.
Now when he has to leave PA to drive to another state for training(he is a recruiter ) He has d to keep the gun unloaded and then the ammunition separate from the gun.
Now even tho some states allow those with permits from Pa to carry not all states do.
I believe there should be a limited permit allowed only for those that can prove that they need the permit for protection of life and/ or property..
The only thing I see is the companies have their own policy to carry. Most say no.
The main problem is that in this case the Federal and states have their own laws, which the feds have given to allow the states to make their own rules to not overpower the federal laws.
Just a note on this article above, Why even mention the gun when I believe is and would have been a normal traffic stop..
DUH!!!:confused:
 

Monty

Expert Expediter
If you do not declare the weapon, the charge is even more severe.

Any person with a CCW, the first words out of their mouth to the officer, as he keeps his hands on the wheel, in plain sight, is: "Officer, I have a CCW permit and my weapon is, (where ever), how would you like me to proceed?"

My wife, the cop, usually responds, "May I see your permit, AND keep your hands in plain sight at all times, or it may get ugly here!" Though in Ohio, if that is where your permit is issued, she will know before she approaches the vehicle, as the fact the registered owner of that vehicle has a CCW issued is displayed along with other information.
 

mjmsprt40

Veteran Expediter
Owner/Operator
Personal note: I've been to places where having a gun--- permit or not-- is the last thing I'd want to have to deal with. Some of the places I delivered to made a point of searching both person and vehicle, and the presence of a weapon would have been an automatic denial of entry at the very least.

I can't think of a time when having a gun would have helped me, and there's been times it would have been a hindrance.
 

Jefferson3000

Expert Expediter
Here's the way it SHOULD go:

Police: Victim shoots robber at St. Pete Applebee's | TBO.com

By JOSH GREEN | News Channel 8
Published: August 08, 2011
Updated: August 08, 2011 - 9:06 PM

ST. PETERSBURG -- Raven Smith and his girlfriend, Lesley Tanner, drove to a favorite restaurant Sunday to get a late dinner.

The Applebee's, 4700 Fourth St. N., was still packed at 10 p.m., so they parked toward the rear of the lot.
Tanner began to walk around the car to Smith when he noticed someone wearing a ski mask behind her. Smith saw that the suspect had something in his hand, and he yelled at Tanner to get down.

Smith pulled out his .38 caliber handgun and shot at the suspect multiple times, striking him four times.

"I just knew I had to act; I had to stop this guy," said Smith, 34, who has a concealed weapons permit.

"I could not lose her," he said. "And I had to protect us. I had to keep us together. I had to keep us safe."

The suspect, 17-year-old Anthony Hauser, of St. Petersburg, fell to the ground and yelled at Smith to stop shooting. Hauser said the gun he was carrying was a fake. When police arrived, they determined the gun Hauser had was a loaded .25 caliber automatic pistol.

Hauser, who will be charged with two counts of attempted robbery, was taken to Bayfront Medical Center. He is listed in serious condition but is expected to survive, St. Petersburg police said.

Smith of St. Petersburg said he's gone through a range of emotions from anger to remorse. Investigators took his gun as evidence, but he's planning to buy a new one for safety.
"I would have been happy going to my grave without ever needing it but now that I have needed it, I'm very glad I had it," said Smith, who has been carrying a gun for over a decade.

Tanner, who has dated Smith for six months, said she's proud of him.

"He's a hero," said Tanner, the St. Petersburg mother of a 6-year-old girl. "If it wasn't for him, I may not be alive today."

Both Tanner and Smith said they were pleased to learn Hauser is expected to survive.

"Maybe he can learn his lesson … and change his life," said Smith, an aircraft mechanic.

Smith will not be charged with any crime because he was acting in self-defense, police said.

Tribune reporter José Patiño Girona contributed to this report.
 
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