Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Carry gun while driving a commercial vehicle?

Discussion in 'General Gun Discussions' started by redbearde, Jul 25, 2007.

Thread Status:
Not open for further replies.
  1. redbearde

    redbearde Member

    Joined:
    Feb 6, 2006
    Messages:
    78
    Location:
    East TN
    I'm currently in school working toward getting my CDL, and I've heard several opinions already. What I want to know is the law. I have a carry permit from TN. If I stay in TN or any state with reciprocity, is it a crime, specifically a federal crime, for me to carry my gun with me while I work/drive my commercial vehicle?

    I know some companies have policies against it. That's not what I'm interested in.

    I can't find anything here: http://www.fmcsa.dot.gov/

    and I find one "expert" saying this:
    http://www.landlinemag.com/Archives/2002/Feb2002/sneak_preview/guns_trucks.html

    and I've had other "experts" tell me something pretty much akin to this:
    http://en.allexperts.com/q/Trucking-2220/truckdrivers-handguns.htm

    So what I'm looking for is a citation or reference to an actual law or OSHA,FMCSA, or other Fed Agency regulation which would govern this.

    So any leads, anyone?
     
  2. Andrewsky

    Andrewsky Member

    Joined:
    Jul 14, 2007
    Messages:
    695
    I've seen threads like this before and no one's ever been able to show that there's a federal regulation against it.
     
  3. Guntalk

    Guntalk Member

    Joined:
    Jan 20, 2003
    Messages:
    835
    Location:
    Louisiana
    This is drop dead simple as far as DOT regs.

    There is no DOT regulation prohibiting you from a gun in a commercial vehicle.

    Unfortunately, some of the truck driving schools actually have doctored the text books to say that there is a regulation prohibiting it, but there is not.

    Many trucking companies have policies prohibiting it, but that's not a law or regulation.
     
  4. george29

    george29 Member

    Joined:
    Sep 23, 2006
    Messages:
    1,355
    Location:
    Land of Entrapment
    Watcha gonna do if you are ordered via Qualcom to enter a U.S Military Installation for a p/u or delivery? The answer is lose your job because the OD will contact your company to let them know, it has happened to me (though my boss was cool and didn't fire me) but Swift / Werner will just tell you to lock the cab and give the keys to the nice MP's on your way to the bus station. Get a local job maybe where you are certain not to go into military installations.
     
  5. Thefabulousfink

    Thefabulousfink Member

    Joined:
    Dec 12, 2005
    Messages:
    1,506
    Location:
    Spokane, WA
    Just my $.02 (and probably worth less).

    I am not a lawyer or truck driver, but I've been reading a lot of CCW laws lately. If you are driving in a state that you have a CCW or reciprocity then their is no legal thing that a LEO can do do you. If you are driving for a state that you have a CCW to another state where you have a CCW then the pistol needs to be unloaded and locked in a case.

    That should protect you from legal issues. When you get a job as a driver, be sure and read the company policies carefully. If your company forbids the carrying of handguns and you get caught, YOU WILL LOSE YOUR JOB, don't bother calling a lawyer, there is nothing you can do. If the policy is vauge you might or might not lose your job but will have grounds to fight it. The "rule of thumb" in reality is: If you have to ask the answer is NO. But in Law, the rule is: If you have to ask the case can be thrown out of court.

    As for military bases: I've drove onto an Air Force base with a CCW. I checked it at the front gate, and picked it up when I left. I don't see why the MPs would take the trouble to call the company that I worked for, but if other have personal experience ....
     
  6. gunsmith

    gunsmith member

    Joined:
    May 8, 2003
    Messages:
    5,906
    Location:
    Reno, Nevada
    I was going to start cdl training

    and I asked the teacher who was signing me up.
    he said you would have to notify state police every
    time you entered a state, he was just saying that as a way
    to deter me, I could tell right away he didn't know what he was talking about. If you have reciprocity you have reciprocity.
    If anyone tells you different they're blowing smoke, they can't find a fed reg because there aint one.

    If your company does not allow it thats a different story.
     
  7. paramedic70002

    paramedic70002 Member

    Joined:
    Jun 7, 2006
    Messages:
    402
    Location:
    Franklin, VA
    Ask the ignoramus to cite the pertinent law that forbids interstate transport of a firearm by motor carrier.
     
  8. redbearde

    redbearde Member

    Joined:
    Feb 6, 2006
    Messages:
    78
    Location:
    East TN
    thanks for the info, guys.
     
  9. BADUNAME2

    BADUNAME2 Member

    Joined:
    Apr 22, 2003
    Messages:
    1,262
    Location:
    Alger, OH
    As far as I've been able to tell, the only Federal law on point is Title 18 Setcion 926(a). The peacable journey law.

    Beyond that, you're into state law, reciprocity, etc. Take a laptop with you, (handy for doing logs, too) bookmark packing.org, and handgunlaw.us. Use them as part of your trip plan. Eventually you'll start to get to know the various states, but they're such a morasse of differing rules, that it's a good idea to check every time.

    Also, stay away from the big companies, as they've all got lose your job clauses. PM me if you want to know why I don't drive for Prime, Inc., anymore.

    Bottom line: yes, it's legal, yes, it's a hassle. Now do you see why I favor a nationwide CHL?

    ~~~Mat
     
  10. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    You absolutely, if it is not against company policy, to carry the weapon according to the Federal law stated above - it does not matter what state law says. But it has to be unloaded and locked in an exterior compartment.

    As far as concealed carry or loaded carry in the cab - regardless of whether you have a CCL, CCW or whatever the concealed license is called - you MUST obey the STATE laws of the state you are CURRENTLY PHYSICALLY located in. Your home state laws and the state laws of where your CCL is from have NO BEARING upon the state laws where you are located, recieprocity or not. Just like the speed limit - whatever the speed limit is on the highway you are on - it does not matter what the speed limit is on the highway you just came from.

    Every state is different - in some you have to notify police - IF YOU ENCOUNTER THEM - IE traffic stop or ?weigh stations? - if you are carrying concealed - some states you do not. But you do NOT in any state, have to notify the state police upon entry. I am not sure about weigh stations...

    And if you are carry the weapon in accordance with the Federal law above - you have NO duty at all to inform police of the firearm - but it would be a courteous thing to do.
     
  11. gunsmith

    gunsmith member

    Joined:
    May 8, 2003
    Messages:
    5,906
    Location:
    Reno, Nevada
    Not in NV, AZ, NM and many other States

     
  12. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    Correct about certain state's law concerning carry in a vehicle, however, in order to be lawful according to the Federal Law in those states that are more restrictive, the above condition must be met.
     
  13. JamisJockey

    JamisJockey member

    Joined:
    Jan 4, 2003
    Messages:
    2,745
    Location:
    Northern VA
    I don't know why most MP's wouldn't hold it at the gate for a good ole American truck driver. Throw on a support the troops T shirt and a POW hat for good measure.
     
  14. hso

    hso Moderator Staff Member

    Joined:
    Jan 3, 2003
    Messages:
    48,719
    Location:
    0 hrs east of TN
    Drivers check in their stunners and knives and pepper spray and firearms all the time at the gates of DOE facilities and just pick them back up when they drive back out.
     
  15. elrod

    elrod Member

    Joined:
    Dec 1, 2006
    Messages:
    697
    Location:
    Heart of the Heart of Dixie
    Out here, in the practical world, truckers carry. I drive an 18-wheeler delivering gasoline in Alabama. We deliver to stations in the 'hood as well as in well-heeled areas. We deliver 24hrs/day. It's not a good feeling being a white delivery man unloading next to a project at 8pm Friday evening. One of my fellow drivers (there are only 4 drivers with my company) was robbed at gun point a few months ago. My boss does not require us to carry, but strongly supports it (off the record, of course). The only time I've been uneasy was delivering a load of jet fuel to a local Air Force Base shortly after 9/11. They were using bomb dogs then, and the base gates were guarded by live automatic weapons. The M60 in my briefcase was not a comfort on that trip! But then what's a handgun compared with 9000 gallons of JP-8 as far as threats go? :D
    I can understand the big boys (Swift, J.B., etc.) not allowing carry. After you get your CDL, and a little road time, find yourself a smaller company that can be more flexible. I've been out here over 15 yrs, both OTR and local, and have never had a problem with the DOT or any locals. I know some posters will belittle me for not following the letter of the law, and if they've "been there, done that", fine. If they haven't been there, dont get on my case!:mad: The cops can't be there 24/7.
     
  16. george29

    george29 Member

    Joined:
    Sep 23, 2006
    Messages:
    1,355
    Location:
    Land of Entrapment
    Just telling it the way it happened to me at Kirtland.
     
  17. engineer151515

    engineer151515 Member

    Joined:
    Oct 6, 2005
    Messages:
    388
    Location:
    US Southern Gulf Coast
    Seems to me that the guy in a world of hurt would be the guy shot trying to break in.

    :)
     
  18. armoredman

    armoredman Member

    Joined:
    Nov 19, 2003
    Messages:
    16,766
    Location:
    proud to be in AZ
    I drove local, haz mat, and oxygen, and always had either a Walther PPK or Tarus 85 38 snub, (the days before I knew CZ!), ad my boss didn't bat an eye. No big deal in AZ. Get your AZ shall issue CCW permit, and it's ALL good here.
     
  19. nalioth

    nalioth Member

    Joined:
    Jul 9, 2007
    Messages:
    5,841
    Location:
    Houston, Texas
    You guys are thinking small potatoes.

    What happens when you pick up a load destined for Canada?
     
  20. isp2605

    isp2605 Member

    Joined:
    May 6, 2004
    Messages:
    1,333
    I was one of the first of 2 Troops certified to enforce motor carrier safety laws and I later taught MCS law in our academy.
    There is no federal law prohibiting the driver from carrying a firearm in his rig. However, the driver is subject to whatever state laws they may be driving thru.
    What drivers are aware of, or should be, is that LEOs do not need a warrant or probable cause to stop and inspect a commercial rig. Commercial rigs are treated differently than Joe Citizen cruising down the road in his Dodge Dart. An MCS officer can stop commercial rigs at random and conduct an MCS inspection which includes the contents of the cab. If a firearm is in view and is being transported in violation of state/local laws then the driver can be charged.
    Drivers are also restricted by company policy. If a company says no guns then it's up to the driver to decide if he wishes to comply or to take his services elsewhere.
     
  21. george29

    george29 Member

    Joined:
    Sep 23, 2006
    Messages:
    1,355
    Location:
    Land of Entrapment
    Thanks isp
     
  22. larry_minn

    larry_minn Member

    Joined:
    Jan 1, 2003
    Messages:
    1,455
    Location:
    Minnesota
    Did a short stint as OTR driver. IF you are legal in states you are in don't worry. More then one truck I have seen the drivers seat had a pistol mounted to right side. Often with a chunk of seat cover (covering) it. (so someone looking in from pass side/lower window couldn't see it)
    When you get close to NY city you pull over and it gets unloaded/cased in sleeper (I often forgot) Opps.
    Military bases.... Ufta. Lots of options. Some I contacted ahead of time and got instructions on how to handle at gate. Some they just said "You can't bring a gun onto a military base...Nobody would be safe if guns were allowed on base"
    Some options. if going onto bases without warning/Canada/etc a concern. Get a box that will hold your gun securly. Take it to post Office and find out postage to send it to yourself from anywhere in USA.
    IF this happens (must go on base/out of USA/etc. ) Put frame (thats the gun part with serial numbers) and send it to yourself insured. (its been a few yrs but last I heard that was still legal anywhere in USA) check it yourself.
    Unless you are doing something you shouldn't. The sleeper of your truck is not bothered much. Most people (IMO rightly) feel that is your living space (home) on the road and keep out.
    If I decided to go back OTR I would bring a firearm (or two) and keep a map of which states I am legal/not.
     
  23. Prince Yamato

    Prince Yamato Member

    Joined:
    Aug 16, 2006
    Messages:
    4,411
    Location:
    Texas
    If you have a CCW, then all you need to do is follow state laws. As another poster said, if you're going to a military base or sensitive installation where they search your vehicle, call ahead and ASK. You can't go to jail for ASKING. I mean, hell, you're delivering THEIR sensitive goods. If I were on the receiving end, I'd be happy to know my goods were being protected by armed drivers. If the receivers throw a fit, mention truck-jackings and people getting mugged. It's common sense.
     
  24. runfrumu

    runfrumu Member

    Joined:
    Jan 2, 2007
    Messages:
    87
    I'm a service tech for a large cable provider, and while there may not be a law banning you from doing so, companies generally have restriction's against doing it.
     
  25. elrod

    elrod Member

    Joined:
    Dec 1, 2006
    Messages:
    697
    Location:
    Heart of the Heart of Dixie
    nalioth
    Simple, just turn it down.:cool:
     
Thread Status:
Not open for further replies.

Share This Page