Commercial Truck Drivers: Trucking industry & legal carry

[Truckerguns]

All.

First, this is my first post here, long overdue (I have actually been "lurking" for a while)

I drive trucks for a living (when not on disability), and I have done some activism in the area of truckers being able to carry while on duty, especially in Over-the-Road operations (OTR or long haul). My issue is that many commercial drivers believe that there is a "federal law" that prohibits and disallows truckers from carrying a personal firearm on duty as a driver. My opinion on this (and I'm not a lawyer, but this is from my research) is that there is no "law" that prohibits firearms from being kept by truckers as long as the driver is complying with all state & local laws, and all other laws, and it is legal to carry in that state.

If you are a commercial driver (CDL Class A, and drive a class 8 vehicle) in OTR, line or local operations, please chime in on your thoughts on several issues that prevent drivers from being able to carry even though it's not illegal per se. All others welcome to chime in as well:

• Trucking liability (I assume) prevents drivers from being armed with weapons of any kind for self defense.
• Some shippers & receivers have "NO GUNS ALLOWED" rules in place, so you are treading on slippery slope sort of deal.
• Law Enforcement (no LEO bashing here) generally has a longer response time for highway issues, especially in rural areas
• LEAs and LEOs may not respond to truckers calling to complain about a motorist disrupting their driving duties, which could lead to a truck jacking situation.
• High value and Hazmat cargo is frequently transported in and around areas where high crime has it's presence.
  

There are too many other issues affecting trucker safety to list, so having stated all of this, and in light of the pending McDonald case results, is it not reasonable to think that it might not be too far fetched that this issue could be visited in the court system, assuming that the Legislature never does anything about it?

Trucking companies (especially the larger & more reputable ones) would be kicking and screaming all the way through the court system because of the tremendous liability (again, I assume, since trucking companies are full of liability) they face, but it would be in the interest of the interest organizations (American Trucking Association, etc.) NOT to lobby for an end to that liability, otherwise, they wouldn't have as much of an excuse NOT to allow their driver employees to have guns in their trucks for self defense.

What say you?

Erik.

 

[hmphargh]

I am not a trucker, but kudos to you, trucking is an important part of America's supply chain. I would think that in many states your sleeper cabin if you have one would be considered your home (like an RV would) and it would be legal to keep a gun there in most states. Obviously not as good as being able to "carry", but could give you some peace of mind at night when you are stopped.

 

[seldomseen]

I work in the trucking industry as a traffic manager currently, but worked as a long haul trucker for 10 years. The last 2 1/2 years as a driver, I hauled reefer freight between Chicago and NYC. Before that, I ran all 48. I knew of no federal law that prevented me from carrying while on the truck, however, state/local laws were and currently are another story. I suppose if a driver were to go through the trouble to get a CHL in his home state and as many non resident CHL's as he could qualify for, he would still have continual problems with being legal in many states. When you leave home, you just never know where you will end up before you get back home, and many times that means Illinois, New Jersey, Maryland, California etc. I knew many drivers that did not care whether they were legal or not. They carried a handgun in their cab, or self defense shotgun in the sleeper. I did not. The company I currently work for has a no weapons policy that includes anywhere on company property. They consider the trucks as part of their property, consequently, no weapons are allowed. We do not have any owner operators leased to us. I am not required by my employer to ask our drivers about this topic or actively ensure that the company policy is being enforced, and I do not bring the subject up with them. And yes, I have had drivers robbed in Chicago at gunpoint.

 

[DeepSouth]

I work at an industrial plant an for a couple years I loaded trucks out with our product, many times I struck up conversations about this. I never had a driver admit to me they carried a firearm, some might have but if they did then they lied when I asked, which could be possible because they were inside our gates and wouldn't know our company policy.

I always thought to myself if was you, and their was any legal way, I'd be carrying. Honestly truckers sometimes make themselves seem like easy targets because of this, most people assume they are not armed because they cross state lines so much.


Welcome to THR and I hope you do well in your activism.

 

[wishin]

IMO truck drivers should enjoy the same RKBA as anyone else, commerce laws notwithstanding. Given the risk involved, I would carry a weapon in my rig.

 

[NavyLCDR]

This should solve your question about a Federal prohibition on carrying a gun (which there isn't one).

http://www.handgunlaw.us/documents/CommercialVehiclesAndFirerarms.pdf

 

[jonmerritt]

I have a carry permit, I drive a truck, I use to be long haul, mostly flatbed.
I have spent many nights parked on a Chicago street for an early unload. I have spent nights at jobsights with gunfire going off around me. There is not a federal law that restricts commercial truck drivers from having a firearm in there truck. Nor is there said law in any state, yet. Do I carry in the truck?...I have a carry permit....

 

[Ridgerunner665]

I'm a truck driver (3 million miles so far)...flat bed.

I've been armed the whole time, I've had more interactions with police/DOT than I would like in the past 16 years...the pistols never were an issue, never...not 1 single time.

Places you don't go with a weapon:

Across the Canadian border
Military bases

If you must go to one of the above places....rent a motel room and hide your pistol there, and come back and get it...I've done this many times when I had to load on a military base. I quit going to Canada years ago...

I keep 2 guns in the truck...my 1911 never leaves my side, and a Springfield XD 45 is my "nightstand gun".

Company policy...don't ask, don't tell. I am of the opinion that the company I work for doesn't have the right to tell me I cannot be prepared to defend myself. I work for a fairly large and well known carrier...and I'm well known by them (they know both my name and my number). I won't mention any names...but they have nothing written in their company policy about firearms. They have never asked me...and I have never told them, but they know very well what my hobby is and that I have more guns than most gun stores.

 

[Ridgerunner665]

A little more to add to that:

If somebody wants to steal the load...they can have it.

If somebody wants to steal the truck...I'll get my $500 CB and my laptop out and they can have it.

I will only use the pistols to defend my life...and if the need arises, I will do so with extreme prejudice.

 

[seldomseen]

I agree with Ridgerunner. Company policy should be don't ask, don't tell. I have never asked any of my drivers whether or not they carry while on the truck. I don't want to know. It is their personal choice as far as I am concerned. The company may feel otherwise, however, no company official is willing to ride shotgun with the drivers. The drivers are out there on their own. When I drove, there were places that I refused to go to. Hunts Point market in the south Bronx comes to mind. The Water market in Chicago was another. I just was not willing to risk my life to make a delivery or pick up into those areas. No one ever fired me for refusing. I wouldn't have cared if they had.

 

[Art Eatman]

Let's stay with legal aspects as much as possible, okay? This isn't a philosophy forum.