Brother in law in a bind!

[K-DUB]

Highorder-

I was not trying to go out of my way to spread misinformation, that is what was always told to us drivers.

I should have checked before I posted, but if that is what you have always
been told then thats what one usually believes.

Never the less, Guilty as charged.

 

[Cosmoline]

Sorry to jump on you, but that's one of the most notorious gun myths out there. Tom on Gun Talk is always running into it. It seems to have been spread by some trucking company in an effort to disarm the truckers. Who needs an actual law if you can convince everyone the law exists? The actual protection act is limited, but would serve to protect truckers who abide by it. Whether the defendant did in this case we don't know. But he certainly needs a good lawyer!

 

[K-DUB]

Thanks Duke Junior.

I get on this forum daily but as you can see very rarely post.
The one time I thought I could help someone it blows up in my face.

I take my rights to carry very very seriously and would not want to mis-lead
anyone as I would not want to be mis-lead.

I will leave it to the pro's from now on.

 

[Duke Junior]

I will leave it to the pro's from now on.

You're welcome.But please do not stop posting because of one error.If you are unsure of some salient fact, just Google it.
Participating by posting is part of the enjoyment of being a member of THR.
Forget this and let us keep hearing from you.

 

[moga]

K-Dub redacted his statement and apologized for the unintentionally misleading folks earlier on in the post Cosmo.

K-Dub, rock on Sir. We all learn from each other by contributing to the discussion. It happens to all of us from time to time. Now you are wiser for doing so as am I, because I'd never heard of the myth before now. All is well that ends well.

 

[highorder]

Who needs an actual law if you can convince everyone the law exists?

NAIL ON THE HEAD.


and K-DUB, don't sweat it.

 

[K-DUB]

Thanks guys.

I wouldnt think of not posting anymore, but I will be more careful what I type.

 

[lookn4varmints]

He told the state trooper that he was armed and he was licensed.

Lesson #1 to be learned here: KEEP YOUR MOUTH SHUT AND DO NOT VOLUNTEER INFORMATION TO THE POLICE! (when not compelled by law)

 

[BADUNAME37]

The last few times I drove into Mass. they have large signs, basically stating that the state is a ZERO TOLERANCE state as for guns and they WILL PROSECUTE.

Well, I guess they aren't lying.

Too bad for your B-I-L. It doesn't sound good for him if he is from Florida.

I agree with others. He needs a GOOD attorney well-versed in gun laws of the area.

 

[Blackbeard]

Call Alan Gura. Maybe your BIL can be the test case to force states to recognize carry licenses from other states.

 

[jestic]

Thank you all for your replies. We have found legal counsel and we are a little more optomistic. Cross x is the one I chose and so far has been very helpful. Thank you all once again for the good advise.

 

[elrod]

I was not trying to go out of my way to spread misinformation, that is what was always told to us drivers.

That is a tale a lot of larger carriers would love for you to believe. I have driven trucks myself for almost 20 years, and would be somewhat suspect of anyone who fed me such BS as that for the truth.

 

[MAGNUM44]

NY state is the same and even worse for any gun carring offence, you cannot carry any type of firearm in nys without a state certified license

 

[Aguila Blanca]

As GigaBuist posted, he needs to find a really good attorney in Massachusetts. There is no way he is getting off without a conviction. IMHO probably the best he can hope for will be to work a deal to plead to a misdemeanor rather than a felony.

What I can't believe is that a professional trucker could possibly drive around the country with a gun and NOT know that he was violating the law in Massachusetts.

 

[twoclones]

Things really vary a lot don't they?
I was in a very bad roll-over accident in rural Nevada last November. When the cops arrived I was covered in blood and dirt and could barely make sense when I talked. I did manage to tell one of the cops I had a loaded gun in a bag and asked him to unload it for me.

Quite quickly the deputy brought my bag back to me with the gun in it and showed me he had my clip in his pocket. Then the ambulance staff taped me to a board and put us in the ambulance as well as telling me, "We have your gun with us too."

In the emergency room a nurse brough my bag to me saying it was my gun and put it under my gurney. Fifteen minutes later the cop came in, asked me how I was, handed me my still loaded clip, wished me luck and left.

Here I was in Emergency with a head injury and even the doctor in charge came by to ask if I'd gotten my gun back.

Gotta love rural Nevada!

 

[maestro pistolero]

TEST CASE ALERT! he's got nothing to lose. Fight it all the way to the SC if necessary. If your B.I.L is otherwise clean, let's support him. I'll pony up. How 'bout a legal defense fund?

I know it sounds idealistic and naive, but if we have a right to self defense, how can we be deprived of the means to do it. It's infringement, pure and simple.

 

[Aguila Blanca]

TEST CASE ALERT! he's got nothing to lose. Fight it all the way to the SC if necessary. If your B.I.L is otherwise clean, let's support him. I'll pony up. How 'bout a legal defense fund?

I know it sounds idealistic and naive, but if we have a right to self defense, how can we be deprived of the means to do it. It's infringement, pure and simple.

Good point. And you can't ask for much better of a case to invoke "interstate commerce" than one involving an interstate COMMERCIAL truck driver ...

 

[mgregg85]

Good luck to your BIL but if he was carrying and not transporting I'm thinking he is screwed.

If he was transporting he may have a chance.

 

[VARifleman]

Darn...I was hoping that MA was a must notify state as that would possibly give a defense.

Good luck to your brother in law, all the more reason to get rid of all these crazy gun laws. If you want to pack, fine, it's legal. Much simpler, and doesn't trounce freedom.

 

[ADKWOODSMAN]

If he's an NRA member, hit them up for lawyer information.

 

[Caimlas]

Provided the events are as they are described, this sounds like it might be a good case to push to the Supreme Court. Maybe the NRA would be willing to pony up? It seems to me that were this to make it to the SC it might push to allow for CCW permits to be universally reciprocal (like driving licenses). They should be already, right?

Absolutely ridiculous that you can get a felony in this country for simply having a gun in what amounts to your home - or carrying one.

 

[Prince Yamato]

I can see two things going in his favor:

1) He has a CCW permit. No, it's not recognized by MA, but at least he could possibly have been ignorant of that fact and thought that he was carrying something like a DL and that every state recognized it.

2) He informed the officer that he was carrying. He didn't try to "hide" anything from the officer.

He followed the law to the best of his knowledge and cooperated with officers. That could definitely go in his favor in court.

 

[Zedo]

"Peaceful Journey" provision of federal law allows for carry of a firearm through a state where it's prohibited IF the gun is legal in the state departed and in the destination state.

It needs to be secured, locked up and unloaded.

Also, no "stopping" in the state in question -- My understanding is that means no lodging, no "sightseeing."

I'd like to see SCOTUS hear a case involving RKBA and interstate commerce. Someone engaged in interstate commerce (trucking) needs to have recourse to RKBA just like Article II provides. It's a fundamental right (Heller v. Wash. DC) and shouldn't be denied to individuals whose business requires that they pass through a fascist state.

But then RKBA should apply to ALL AMERICANS. It's a Constitutional issue.

 

[Loomis]

I'm glad I read this thread and learned about the commercial vehicle myth being spread around. I've never heard it before. I drive a company vehicle and take it home at night. There is usually a firearm in it. Now that I know about this myth, I will be prepared for it if someone should try to use it agianst me someday.

 

[jestic]

I agree with alot of people here. He is an idiot for having it, but he did nothing wrong in my opinion. He is a responsible person just doing his job and he gets punished for it. His boss that he drives for is going to back him financialy as well. He's going to fight it and he has also aquired a second attorney which was provided by his employer. I think he's covered.