ATTN: Truck Drivers, I have a question.....

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ljnowell

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A friend of mine has become an OTR driver and was talking about the dangers at some of the truck stops and rest areas he has been to. I mentioned the possibility of carrying a gun. He told me that even if in a state that allows Concealed Carry, even with a permit, it is illegal to carry a firearm in a Semi-truck. I had never heard of this, but I am also a mechanic, not a truck driver. So, can anyone shed some light on this for me? Is it illegal to carry a firearm in a semi? He said that he was taught that you cannot have a firearm in the truck at all, and you cannot even have a knife over like four inches. This seems insane to me, but what do I know?
 
It IS NOT illegal to carry in a commercial vehicle.

Its a myth started by trucking companies.

I've driven a couple million miles in a big truck, I'm still a driver, I've presented this question to OOIDA, the NRA, and even had my cousin (a darn good attorney) look into it for me, I've dealt with cops and DOT more times than I would like...I was armed EVERY time, and its never been an issue.

You do have to be careful in certain states (IL, CA, NY to name a few)...if he wants to carry bad enough, he'll do the homework and find out that he can legally do so.

Company policy...I don't care what the company thinks.
 
There is nothing in the federal motor carrier safety regs which prevent an OTR driver from carrying a firearm in his truck. Some companies will tell their drivers there is such a federal restriction because the companies don't want their drivers carrying and they don't want to be the bad guy by telling the drivers it's only company rule.
Drivers have to comply with the laws in whatever state they are traveling.
I was one of 2 of the first MCS certified officers in our state in 1982 and I taught MCS law in our academy.
 
Several years ago I was called by a company owner who requested that I tell his drivers that federal law prevented them from carrying in his trucks. I told him that federal law didn't say that. He replied that he knew that but he didn't want his drivers carrying in his trucks and his insurance carrier didn't want it but he didn't want drivers thinking he was preventing it. I told him that was his problem to deal with. If he didn't want to be the bad guy he had a perfect out - his insurance company. He sounded kind of gutless to me.
 
I run a class A and have driven through most states. You have to check the laws but there is NOTHING in the DOT law that states you can not carry a firearm.

I have heard "RUMORS" regarding hauling Hazmat? but usually the reason for these rumors is from the company or truck owner implying their own rules.

JOe
 
That rumor is because most people misunderstand the law that references what can be on the trailer with HazMat...no explosives, firearms, etc. are allowed in the same trailer as a HazMat load...this has NOTHING to do with the truck or the driver, just the trailer.
 
And the above reference to a load going to Canada is true...DO NOT ATTEMPT TO CROSS THE BORDER WITH A WEAPON

You will go straight to jail...with Federal charges filed against you.

I don't go to Canada...so its a non issue for me.
 
The other problem is the rules of the destination of the load. Just about every factory I drive to is posted with "no weapons" signs. I even go to some government facilities guarded by DOD police. Carrying a firearm there could be a big problem.
 
Thanks guys. I appreciate the input. He is gonna stop by this weekend and I will show him this thread. I told him that what he was saying didnt jive with what I had read in the past, but he still insisted that no knife with a blade over 4" and no guns period, against federal law.

As far as canada, thats not a problem with him. He only hauls in the lower 48 and 90% of his runs are in the midwest. Almost 100% from colorado east.

Thanks again for the help.
 
ISP- just curious what is MCS short for? I tried google and nothing that seemed relevant came up.
 
I run lowboy locally, and always carry. At the moment, my company has no policy on firearms, and I don't advertise this, lest they should decide they need one.
Never carried OTR. Laws vary state-by-state, plus, as mentioned above, he'll be dealing with customers who have no firearms policies in their establishment. It's one thing is he has a dedicated run, where he shouldn't expect it to be an issue, but a whole different matter if he's an all-out OTR driver.
He should also bear in mind that his company can fire him if they find out he's keeping a firearm in his truck. That in itself might not seem like such a big deal, except the reason they fired him will be placed in his DAC report, and other prospective employers will be able to see that. There are companies which don't bother to look at DAC reports, but most of your OTR/Regional companies will. Just something to consider.
Anything else I have to add has already been covered.
I'm neither advising him to carry one, nor discourage him from doing such. He's the one who needs to review his choices, and go from there.
He'll learn quickly which places he's best to avoid as far as truck stops go. Rest areas aren't a particularly good place to be, and I would never stop in Jessup, MD, for example.
 
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