CCW and Commercial Vehicles

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Hemicuda

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Today I was told that it is illegal to carry a firearm in a Commercial Motor Vehicle, even when in posession of a valid CCW...

Is this true, or was this poltroon blowing smoke up my Gleutius Maximus?

I checked with the BATFE and the USDOT sites, and can't find a thing...

he also informed me that it is a FEDERAL offense, resulting in time in Leavenworth?

Anyone know if this is true?

P.S., I also e-mailed the question to the BATF&E...
 
If you mean something like a 18 wheeler, it is not true here according to the TBI officer I talked to. I called the TBI (they handle insta-checks here) and asked on behalf of a customer about 2 months ago.
 
I thought I read somewhere in the FMCSR's that carrying in a commercial vehicle was prohibited. But, that was a long time ago and I cannot find anything about it now.

Really don't know if it's legal or not, but if you do carry, you would be subject to the laws of every state and city you pass through.

Don't get caught in Chicago! I believe it will get you a felony there, which would not only limit your RKBA, but maybe your job options with the new HazMat licenses requiring fingerprints and criminal background checks.:fire:
 
Hence the "VALID" part in my question... I wanna know if I can have my gun in a CMV here in Michigan, legally... it isn't valid in chicago, so I am not inquiring about there... but thanks muchly for the info!
 
All I can tell you is that in TN, according to the TBI agent I spoke with, it is legal for someone with a TN carry permit to carry in a commercial vehicle. She said the only question would be whether or not my customer's company policy prohibited it. Take that for what it is worth.
 
Drove an 18 Wheeler for 8 yrs.

It was my understanding it is illegal and is a federal offense. Now, for the life of me I can't remember where I read it or was instructed about the law. But I do know I did read it.

Contact the DOT also. They can provide information on your question.

And yes, you would also be in violation of any state and city laws.
 
I am in the North Dakota Highway Patrol Academy, and our current instructors are from the USDOT, teaching us the FMCSR (Federal Motor Carrier Safety Regulations). The instructor told us last week that the Feds have no regulations concerning firearms in CMV's. (State laws apply. If you could have it in your car, you could have it in your CMV.) I'll take him at his word, but I'll certainly look through my FMCSR myself if you would like.

Rod
 
Country Boy...

Thanks a TON, and if you have time, I would be interested in what the FMCSR has to say... I'm gonna take this guy to the mat on this one... NOBODY steps all over my rights (or tries to) whithout me putting up one helluva fight!
 
When I first started driving a truck I was told that it was against Federal regs, and just went along with it. When I saw this question posted I finally dug out my copy of the FMCSR and couldn't find anything saying it was illegal. My guess is most companies are worried about their insurance so they feed you a line of BS. One thing is for sure, if you are an OTR driver like I was make sure you know the firearm regulations of any state you plan on driving thru so you don't end up in major trouble.

RRTXgladIdon'tdriveatruckanymore
 
Don't forget the FOPA. I won't address the FMCSR issue because I don't know anything about them, but if they don't prohibit carry in commercial trucks, you are NOT subject to the laws of every state and city you pass THROUGH. You may have to carry that piece in a locked case in some jurisdictions, but the law still provides that if you are allowed to possess the gun at the point of origin and at the point of arrival, you can tote it through any state in the country.

Of course, for an over-the-road driver, the question of defining the point of departure and the point of arrival may be a bit fuzzy. I'd guess a reasonable approach would be to consider the destination of each load to be an end point for that particular trip -- as well as the starting point for the next trip. Which could be a problem if you're making a drop in Chicago or NYC.
 
Just guessing, perhaps they are confused because a bus (such as Greyhound) is a Commercial Vehicle, and IIRC it is against Federal law to have a CCW on one of those since it is public interstate conveyance.

Feel free to correct me if I'm wrong. :)
 
I'd LOVE to check out Packing.org... but the useless POS site was down last night, this morning, and again as I am typing this...

If I can't get in, then the useless POS is no good to me... even your link comes up "Cannot Find Server"...

I posted about this in "general" last night...


Edited to add - the link Deavis posted is also non-existant - http:/// is NOT a site addy to ANYWHERE (and is what he posted as a link!)
 
I was a "Pumpkin Driver" for about 5 years and it was against company policy.

I always slept with my tire thumper close to me, and ran a heavy rubber "bungee cord" between the doors when I shut down for the night.
 
packing.org

Type it into your address bar www.packing.org
it is up more than it is down. Gun sites are taboo for so many people that this site and others are exluded from DNS systems on many ISPs.
Do not include .com unless your moving out of NYC or Chicago. Like this site it is soley supported by advertising links scattered throughout the site and it is not advertising driven down your throught.
To access state pages you must agree to the disclaimer. Contact state AG websites or contact them to verify or ask questions. Consult a lawyer. IANAL
 
I AM typing www.packing.org into my address bar... I ALSO clicked your link... AGAIN, all I get isL:




The page cannot be displayed
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If you would like Windows to try and discover them,
click Detect Network Settings
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If you are trying to reach a secure site, make sure your Security settings can support it. Click the Tools menu, and then click Internet Options. On the Advanced tab, scroll to the Security section and check settings for SSL 2.0, SSL 3.0, TLS 1.0, PCT 1.0.
Click the Back button to try another link.



Cannot find server or DNS Error
Internet Explorer
 
When I drove for Merit Distribution Services, I asked our terminal safety manager if it was illegal or against the regs to carry a gun in a truck. He said that it was certainly NOT illegal, but it WAS against company policy and he didn't want to catch me doing it. He then winked and said what he didn't know couldn't hurt me. I have gone through the FMCSR with a fine tooth comb and could not find even a referance to guns beyond the hazmat regs for transporting ammunition/explosives.

I also carried a pistol based on the "Better to be tried by 12 than carried by 6." principle.
 
CCW in a Commercial Vehicle

I worked for Brinks for 18 years. I was a licensed Commercial Driver and worked in a armoured truck. We all carried 38's and there was a shotgun in each truck, and we never had a legal problem with carrying them. When the DOT pulled suprize inspections on our trucks and branchs, there were never any question raised about firearms or any legality in carrying them concealed or otherwise. Of course in California, being a bank messenger is a exception to the carry concealed laws and our firearms card gave us a exception to the carry loaded in public laws.
 
Hemicuda:

When the CCW law changed in Michigan in 2001, a lot of new CPL holders and "arm-chair" experts were born. The "OTR Truck Drivers Can't Carry" mantra was repeated so many times on forums that a lot of people "knew" it to be true. I searched the pertinent laws, both Michigan and federal, to see if it was indeed restricted. I couldn't find anything. I then went to a Michigan Motor Vehicle Carrier officer and asked him the very same question.

The LEO stated that he knew of no law that restricted truck drivers. If in possession of a valid CPL and carrying in accordance with the law, they were fine. I then asked him about reciprocity. I specifically asked that if an out of state driver were in Michigan and was carrying a gun and got pulled over, what would happen to the driver. He stated that the driver would be arrested and that the gun would be conficasted. I then said "Well, what if we have reciprocity with the trucker's state?"

The LEO stated "In that case, I'd arrest him and let them sort it out later. They never taught me about reciprocity at the academy."

He might have changed his tune by now, but this raised a flag so I still tell folks in my CCW classes to be careful when carrying in other states that have reciprocity with ours. Go the extra mile an carry a letter or note in your wallet from the traveled to state's Attorney General stating that they honor our CPLs - kind of an "avoid a trip to jail due to Barney Fife not knowing the law" card, and certainly follow all of the local state's laws and restrictions as well.

Shoot straight.
 
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