Carry gun while driving a commercial vehicle?

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redbearde

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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

“Can I carry a gun in my truck” is one of the most frequently asked questions we get. Here’s the truth: According to the U.S. Constitution, you have the right to bear arms and there’s no rule in the Federal Motor Carrier Safety Regulations (FMCSR) prohibiting you from carrying a gun in your truck. But, depending on what state you’re driving in, you may not be able to legally carry a gun in your tractor. Remember, simply having a concealed gun permit in your home state doesn’t exempt you from all other state laws.
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and I've had other "experts" tell me something pretty much akin to this:
http://en.allexperts.com/q/Trucking-2220/truckdrivers-handguns.htm

It is illegal to carry a gun in a commercial vehicle, period. There are no permits or exceptions. I hear guys saying they carry guns. If it got stolen, or worse, you shot someone breaking in, you could be in a world of hurt too!
Click to expand...

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?
 
I've seen threads like this before and no one's ever been able to show that there's a federal regulation against it.
 
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.
 
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.
 
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 ....
 
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.
 
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.

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 44--FIREARMS

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver's
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.
Click to expand...

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
 
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.
 
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.
 
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.
Click to expand...

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.
 
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.
 
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.
 
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.
Click to expand...

Just telling it the way it happened to me at Kirtland.
 
It is illegal to carry a gun in a commercial vehicle, period. There are no permits or exceptions. I hear guys saying they carry guns. If it got stolen, or worse, you shot someone breaking in, you could be in a world of hurt too!
Click to expand...

Seems to me that the guy in a world of hurt would be the guy shot trying to break in.

:)
 
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.
 
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.
 
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.
 
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.
 
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.
 
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