Tractor trailer driver arrested for brandishing a handgun following a road rage incident.

[GOYABEAN]

Schodack, NY – On June 5, 2019, at approximately 6:13 a.m., State Police stopped a tractor trailer on the Berkshire Spur section of I-90 at Exit B1, for a report of a road rage incident.

The reporting person alleged that while he was driving his tractor trailer westbound on the Berkshire Spur in the town of Schodack, another male driving a tractor with Minnesota plates, pointed a firearm at him.

New York State Police Newsroom: Tractor trailer driver arrested for brandishing a handgun following a road rage incident.

 

[Defilade]

Arrested on.......Hearsay?

 

[redtail]

Home of the free

 

[BDinPutnam]

Arrested on.......Hearsay?

Eyewitness testimony is not hearsay.

Now if I called the cops on someone because you told me you saw them earlier in the day brandishing a firearm, that's hearsay.

Though if you ran up to my car yelling "call the cops" as you are fleeing a guy with a gun and I dont see him, not hearsay.

 

[repete]

A quote from the article, "The driver, Dominque D. Newell, 27, of Laurel, NY, was taken into custody, transported and processed at SP Albany where he was charged with Criminal Possession of a Weapon 2nd degree (loaded firearm other than a person’s home); a Class C Felony and Menacing 2nd degree; a Class A Misdemeanor."
Since when is it illegal to carry a loaded firearm? He's a NY resident and I'm assuming that he had a permit, or is this charge BECAUSE he doesn't have a permit?

 

[stokes]

A quote from the article, "The driver, Dominque D. Newell, 27, of Laurel, NY, was taken into custody, transported and processed at SP Albany where he was charged with Criminal Possession of a Weapon 2nd degree (loaded firearm other than a person’s home); a Class C Felony and Menacing 2nd degree; a Class A Misdemeanor."
Since when is it illegal to carry a loaded firearm? He's a NY resident and I'm assuming that he had a permit, or is this charge BECAUSE he doesn't have a permit?

When you point your gun at someone without cause,it is menacing,a crime.When you use your gun in the commission of a crime,permit or not,it becomes criminal possession.

 

[Podmonkey]

Dominique D. Newell.........Oh good. I thought maybe I had had another blackout episode for a while there.

"Feeling claustrophobic
Like the walls are closing in
Blood stains on my hands
And I don't know where I've been
I'm in trouble for the things
I haven't got to yet"

 

[BDinPutnam]

When you point your gun at someone without cause,it is menacing,a crime.When you use your gun in the commission of a crime,permit or not,it becomes criminal possession.

Damn. For a second there I thought we might have a case ripe to challenge how arbitrary Sullivan is but you're right.

@Podmonkey - the night is young.

 

[Tisto]

Federal Motor Carrier Laws: CFR 49 prohibits the posession of any firearm in any commercial motor vehicle subject to DOT regulations.

 

[repete]

When you point your gun at someone without cause,it is menacing,a crime.When you use your gun in the commission of a crime,permit or not,it becomes criminal possession.

I know that, I was wondering about the " Criminal Possession of a Weapon 2nd degree (loaded firearm other than a person’s home); part.

 

[repete]

Federal Motor Carrier Laws: CFR 49 prohibits the posession of any firearm in any commercial motor vehicle subject to DOT regulations.

Not quite true, where people run into trouble is the different state laws and military bases. I've been carrying in my truck for over 10 years now and no problems as long as I stay in NY and out of NYC.

 

[Celt]

Arrested on.......Hearsay?

Likely stopped on hearsay, then opened his mouth, allowed a search, no ny permit, etc....

 

[GOYABEAN]

Not quite true, where people run into trouble is the different state laws and military bases. I've been carrying in my truck for over 10 years now and no problems as long ''as I stay in NY and out of NYC".

yeah the rotten apple is a different country but enjoy sucking the life out the rest NYS

 

[Airborneguy]

Likely stopped on hearsay, then opened his mouth, allowed a search, no ny permit, etc....

As stated earlier, “I saw...” is not hearsay.

Hearsay is, “my buddy told me he saw...”

 

[Acer-m14]

should have swerved .. whoops .. i'm a SWIFT driver .. LOL ..

 

[spat]

Eyewitness testimony is not hearsay.

Now if I called the cops on someone because you told me you saw them earlier in the day brandishing a firearm, that's hearsay.

Though if you ran up to my car yelling "call the cops" as you are fleeing a guy with a gun and I dont see him, not hearsay.

It doesn't actually become hearsay until its evidence in a court anyway.

If I run up to a cop and say I just heard someone in an alley yelling rape, I would fully expect the cop to intervene. I would even expect him to detain anyone running out of that alley, even though I didn't witness the crime, and I only heard someone else allege that a crime even happened.

Now, they do not have anything to prosecute that guy on, but they do have enough to investigate. If they eventually find a victim, or video, or something and the guy goes to trial, *then* my evidence is hearsay and they would need to produce the person who actually shouted "rape".

 

[spat]

Eyewitness testimony is not hearsay.

Now if I called the cops on someone because you told me you saw them earlier in the day brandishing a firearm, that's hearsay.

Though if you ran up to my car yelling "call the cops" as you are fleeing a guy with a gun and I dont see him, not hearsay.

It gets even more complicated than that.

In court, if the cop testified that you told him you saw a guy with a gun that can be heresay if they are trying to use it to prosecute some guy they allege was brandishing a firearm. They would need to get you to testify because you were the witness, not the cop to testify about what you told him.

But if the circumstances were different, and they were only trying to prove that you were running in fear of your life (maybe you had to defend yourself later) then that would be admissible.

In the first case the cop would be testifying about something he didn't witness (the guy with the gun). In the second he would be testifying about something he did (your statement)

So the exact same testimony is hearsay about one fact, but admissible about another.

Also, IANAL, and even if I was I could be mistaken on this, but I think I'm right.

 

[BDinPutnam]

Thanks @spat.

 

[1075tech]

SWIFT = Sure Wish I'd Finished Training

 

[1911guy]

Federal Motor Carrier Laws: CFR 49 prohibits the posession of any firearm in any commercial motor vehicle subject to DOT regulations.

What does "infringe"' mean????

 

[1075tech]

Federal Motor Carrier Laws: CFR 49 prohibits the posession of any firearm in any commercial motor vehicle subject to DOT regulations.

Which section of 49 CFR? A quick search only brought up 1540 which relates to commercial aircraft, specifically 1540.111.

Found on another search....

This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) to the transportation of a loaded personal firearm lawfully carried by a commercial motor vehicle operator while in the performance of his or her duties. Specifically, you ask whether the transportation of
such a firearm is prohibited by the HMR under the “forbidden explosives†clause in
§ 173.54(f).

The answer to your question is no. Unless otherwise specified in § 173.54(f), a personal loaded or unloaded firearm lawfully carried by a commercial motor vehicle operator is not considered in commerce and therefore not subject to the HMR. Under this scenario, a commercial motor vehicle operator who carries a personal firearm while in the performance of his or her duties is subject to local or State jurisdiction regarding such matters. This response has been coordinated with the Federal Motor Carrier Safety Administration.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.54(f)

It is a common misconception though. My company has a prohibition regarding firearms (or any weapons) at work. I was often told it was illegal and that just having ammunition in the vehicle wasn't legal. However, I know that to not be the case.

I've been through many DOT roadside inspections while carrying (with and without be placarded for HazMat). My personal policy is to hand my PP with my driver's license. (I know many here don't agree). If I have to get out out of the vehicle to open the hood or a compartment, I just don't want any "surprises". It's never been an issue.

 

[Podmonkey]

@Podmonkey - the night is young.

I slept like a good little trucker.

 

[Podmonkey]

Federal Motor Carrier Laws: CFR 49 prohibits the posession of any firearm in any commercial motor vehicle subject to DOT regulations.

That covers hazmat stuff dude.
The are no specific Federal laws concerning firearms in trucks. A driver is just subject to the ridiculous pastiche of state and local laws.

 

[GOYABEAN]

I slept like a good little trucker.

Hey what you end up doing with set up for tv in sleeper cab

 

[Podmonkey]

Hey what you end up doing with set up for tv in sleeper cab

Nothing yet.

 

[GOYABEAN]

Nothing yet.

 

[Celt]

As stated earlier, “I saw...” is not hearsay.

Hearsay is, “my buddy told me he saw...”

Appreciate the clarification..

 

[Airborneguy]

It doesn't actually become hearsay until its evidence in a court anyway.

If I run up to a cop and say I just heard someone in an alley yelling rape, I would fully expect the cop to intervene. I would even expect him to detain anyone running out of that alley, even though I didn't witness the crime, and I only heard someone else allege that a crime even happened.

Now, they do not have anything to prosecute that guy on, but they do have enough to investigate. If they eventually find a victim, or video, or something and the guy goes to trial, *then* my evidence is hearsay and they would need to produce the person who actually shouted "rape".

It wouldn’t be hearsay in this case either.

It’s really simple.

You hear, “Rape!” from the victim = not hearsay.

You hear, “I just heard someone say rape over there.” = hearsay.

 

[Airborneguy]

To complicate further lol

“And what did hearing ‘rape’ make you think?”

 

[Celt]

To complicate further lol

“And what did hearing ‘rape’ make you think?”

That Cuomo passed another anti-gun law.