Truckers' Trucking Forum | Message Board | Discussion - The Premier Truck Drivers Forum!  

Trucker MySpace - Truckers Making Friends. Chicken Truckers Come Meet Other Truckers!

Good Trucking Jobs - Forget Those CRAP Trucking Jobs & Find A Good Trucking Job!




Go Back   Truckers' Trucking Forum | Message Board | Discussion > Truckers & The Trucking Industry > Trucking Industry Regulations > Trucker Legal Advice

Truckers' Trucking Forum/Message Board - The Premiere Truck Driver Forum
Sponsored Links

Important Truckers Forum Notice!

Trucker Legal Advice Discuss issues related to trucking laws, traffic laws, employment laws and more here. We have a trucker/lawyer who will do his best to answer your legal questions. We are NOT responsible for the accuracy of ANY advice given. Use your heads, please.

Reply
 
Thread Tools Rate Thread Display Modes
  ^ Top   #221  
Old 11.09.2007
newbiewannadoitright's Avatar
"Right Wing Nut Job"
 
Last Seen: 1 Hour Ago 09.47 AM
Member Since: Sep 2007
Location: The Land That Time Forgot
Trucker? Student
Age: 49
Posts: 500
My Trucking Photos: 0

Thanks: 0
Thanked: 11 Times
USA Oh, Just forget it!!!

Quote:
Originally Posted by CMoore2004 View Post
Just FYI, it is a felony to carry in your vehicle without the proper license in most states. The ammo has to be somewhere where it's not readily accessible (or the gun does) so you can't just stick a clip in the gun and let it rip.
See what I mean. In Most states it's not a felony. I know about the unloaded / loaded principal. Most CCW holders, for example my state, can carry in 38 states concealed or in the vehicle. Some states, yeah it's a felony. Some states it's a felony to own one just about. My permits good in Michigan by the way. I just wanted to get experienced advice from real truckers, currently working, but I can see this ain't working out. Just.....forget about it.
__________________
You can learn alot, by watchin' a Weenie Dawg !!!
Reply With Quote
Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links:

  ^ Top   #222  
Old 11.13.2007
Bobtail Member
 
Last Seen: 02.13.2008 03.13 AM
Member Since: Sep 2007
Location: raleigh nc
Trucker? WannaBe
Posts: 35
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
I could find no rules prohibiting a gun in a commercial truck. True most companies have rules against it but why would they know. A person could carry it unloaded and in a locked safe and no one would know about it. It is legal to cross state lines if the gun is unloaded. A person can only carry it concealed in states that recognize your states permit for a concealed weapon. The rest of the time it should be locked in a safe and unloaded. No one can force you to open the safe and therefore no one would know it is there. This would help for states that ban handguns. I do not know if this would work for crossing the canadian border. I have never crossed it before and I am unaware if they can force you to unlock a locked safe. I have no idea about the canadian border and how extensive they search truck cabs. If any one knows anything about this I would like to know.
Reply With Quote
  ^ Top   #223  
Old 11.26.2007
n4mgr's Avatar
Light Load Member
 
Last Seen: 2 Weeks Ago 10.06 AM
Member Since: Nov 2007
Location: Monroe, NC
Trucker? 7 Years
Age: 29
Posts: 116
My Trucking Photos: 0

Thanks: 5
Thanked: 4 Times
According to DOT officers I've talked to in both TN and VA there are NO federal regulations regarding firearms and CMV's. The problem is the myriad of State and Local laws with only limited protection by federal law (peaceable journey). TN requires a permit to possess period, VA allows open carry(meaning you can have a firearm in a holster on your side in plain view or concealed(including in the vehicle). CO allows you to carry concealed in your vehicle without a permit and you are only required to unconceal it if you exit the vehicle(unless you have a permit), IL, CA, MD, MA, NY it is a felony to possess a firearm, with only a few exceptions(prior law enforcement, NY may issue permit to residents though not likely.) Some states issue permits to non residents(not to be confused with illegal immigrants). A few states have choosen not to recognize these non-resident permits. A few states have wide reciprocity and the permits from these states are recognized by over 30 different states. There are a couple of sites that will help on this subject.

[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

I hope this helps you to understand the MANY different laws out there that unconstitutionally limit our freedom and right to keep and bear arms.
__________________
Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.

Patrick Henry

Reply With Quote
  ^ Top   #224  
Old 11.27.2007
roadkill439342's Avatar
Truck Forum Supporter
 
Member Since: Jun 2006
Location: Grand Rapids, MI
Trucker? 15 Years
Age: 53
Posts: 5,261
My Trucking Photos: 63

Thanks: 216
Thanked: 354 Times
Quote:
Originally Posted by nghthwk View Post
What are the rules, laws or policy regarding carrying a firearm on the road.Is it against company policy or State and Fed laws? Even if you have a permit to carry such firearm ? just wondering thanks
There are NO FEDERAL laws forbidding carrying a weapon in a CMV, but there MIGHT be local or State laws outlawing carrying in ANY vehicle.
__________________
"It could probably be shown thru facts and figures that there is no distinctive native American criminal class...except Congress"
ټڀڟMark Twainټڀڟ

Reply With Quote
  ^ Top   #225  
Old 11.27.2007
roadkill439342's Avatar
Truck Forum Supporter
 
Member Since: Jun 2006
Location: Grand Rapids, MI
Trucker? 15 Years
Age: 53
Posts: 5,261
My Trucking Photos: 63

Thanks: 216
Thanked: 354 Times
Quote:
Originally Posted by n4mgr View Post
According to DOT officers I've talked to in both TN and VA there are NO federal regulations regarding firearms and CMV's. The problem is the myriad of State and Local laws with only limited protection by federal law (peaceable journey). TN requires a permit to possess period, VA allows open carry(meaning you can have a firearm in a holster on your side in plain view or concealed(including in the vehicle). CO allows you to carry concealed in your vehicle without a permit and you are only required to unconceal it if you exit the vehicle(unless you have a permit), IL, CA, MD, MA, NY it is a felony to possess a firearm, with only a few exceptions(prior law enforcement, NY may issue permit to residents though not likely.) Some states issue permits to non residents(not to be confused with illegal immigrants). A few states have choosen not to recognize these non-resident permits. A few states have wide reciprocity and the permits from these states are recognized by over 30 different states. There are a couple of sites that will help on this subject.

[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

I hope this helps you to understand the MANY different laws out there that unconstitutionally limit our freedom and right to keep and bear arms.
In California, it is LEGAL to have a (legal) weapon for protection IN YOUR PLACE of Business. TWICE, (in two seperate cases) California Courts have held that a CMV was a "place of business", so both drivers who were arrested and charged were acquitted.
__________________
"It could probably be shown thru facts and figures that there is no distinctive native American criminal class...except Congress"
ټڀڟMark Twainټڀڟ

Reply With Quote
  ^ Top   #226  
Old 11.28.2007
Bobtail Member
 
Last Seen: 12.10.2007 09.40 PM
Member Since: Nov 2007
Location: BFE, Ar
Trucker? 12 Years
Posts: 11
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
Shield And the debate rages on:)

As a retired LEO, i am so glad i dont have to worry about all these silly little communist scattered around our fine land, claiming they are protecting us from OURSELVES.......right. Firstly there is NO FEDERAL law prohibiting the LAWFUL carry of LEGAL firearms in a cmv. There may be some city and county laws which prohibit this practice. I am unaware of any STATE laws that prohibit carry in a cmv, unless said state also forbids carry in ANY vehicle. Fortunately I dont have to worry about these little commy ratholes because, as a retired officer I can carry concealed in all 50 states. As with anything else we do out here, it is OUR responsibility to be aware of the laws in the areas we travel in. If it isnt legal where youre going, be aware that you may get caught by a gung-ho, by-the-book officer who doesnt care if you SHOULD have the right to protect yourself, but only cares that it's illegal in HIS neck of the woods, and will promptly relieve you of said item as well as your freedom. As for ccw permits, again you have to KNOW if your states permit is honored in ALL the states you might travel through, dont rely on the "peaceable journey" clause, which is being re-written more frequently these days, in part due to the large number of states issuing ccw's. But as has been stated numerous times on this subject, the real problems confronting a driver who chooses to "go heeled"......that is, carry a firearm, are the company policy, and the wishes of shippers and receivers to not have armed drivers on their property. Lets say you have a ccw permit and only travel in areas where your ccw is honored, but your company does not allow firearms in their vehicles/property, but you carry anyway because you have a ccw. Guess what! You just broke the law simply by being there with your otherwise legal weapon, and if your company chooses to push the issue by contacting the police you WILL LOSE your ccw permit! Same thing goes for shippers/receivers, only this time your away from home, and will probably go to jail. Remember a ccw is only good when it is being carried within the parameters of the law, therefore if you violate the law by carrying somewhere your not supposed to, you can expect to be treated as if you never had the ccw, maybe worse because by having the ccw, you should have KNOWN BETTER. Even after all my years of LE service, and even though I can carry LEGALLY in all 50 states, there are still a few places I cant carry legally, such as private property legally posted against firearms, etc., so I DONT carry in those places. If you choose to carry, and your company allows it, and you never go to shippers/receivers that dont allow it, make CERTAIN you only carry if you can do so LEGALLY, that means get your ccw, and DO NOT go anywhere you know you shouldnt be, the risk is not worth it! Just think, when bubba's havin his way with you in the cell, you just might wish you had done it legally. Now lets look at alternative methods of self-protection. Tire thumpers, mag-lights (these work GREAT.....trust me on this) whatever your choice (mace is illegal in MANY places, and can KILL you and anybody else in your path, if that can somehow gets punctured while you are happily toolin down the highway......say it falls in the floor and rolls under your seat, getting crushed when you hit one of those non-existant bumps on our terrific highways). Actually had that happen to me with a fire extinguisher a couple of years ago....but that's another story. Whatever you choose to use for defense should be a tool or item that you would normally have in the cab for use in your daily duties, and when the police ask you if you have any weapons, NEVER say your thumper, mag-light or whatever is your weapon because they can then LEGALLY arrest you for carrying a weapon, because YOU just told them it was a weapon, and yes the court WILL uphold the charge. The exception to this is if you are carrying a FIREARM........NEVER lie about carrying a firearm, if they choose to search, and find it, things will go downhill really fast......so you better wake up EARL cause he's gonna want to see this wreck! Sorry to be so long winded here, but this topic really gets me going................be safe, be free, but dont be mean!
Reply With Quote
Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links:

  ^ Top   #227  
Old 01.07.2008
IH Scout's Avatar
Bobtail Member
 
Last Seen: 10.25.2008 09.08 PM
Member Since: Dec 2007
Location: Greer SC
Trucker? 19 Years
Age: 46
Posts: 38
My Trucking Photos: 0

Thanks: 0
Thanked 1 Time in 1 Post
Quote:
Originally Posted by LakeReady View Post
I can make it simple fer ya... You have a Class “A” FEDERAL license. If you are caught with a gun in ANY state licensed or NOT it is a FELONY for a truck driver to carry one. YOU will go to J A I L Period. Ask someone in NY what might happen to a truck driver if they had a gun… Try going to the store (or truck stop) and buy a 6 pack of beer on your way home in your big truck and see what happens if you get stopped… Do not pass go… Go straight to jail… Same result EVERY time…
Can you direct me to where that law is? What Federal statute covers firearms in Commercial Vehicles? I would be very interested to read this law.
Reply With Quote
  ^ Top   #228  
Old 01.08.2008
newbiewannadoitright's Avatar
"Right Wing Nut Job"
 
Last Seen: 1 Hour Ago 09.47 AM
Member Since: Sep 2007
Location: The Land That Time Forgot
Trucker? Student
Age: 49
Posts: 500
My Trucking Photos: 0

Thanks: 0
Thanked: 11 Times
USA

Quote:
Originally Posted by IH Scout View Post
Can you direct me to where that law is? What Federal statute covers firearms in Commercial Vehicles? I would be very interested to read this law.
HE CAN'T, BECAUSE THERE ISN'T ONE. IT'S A MYTH THAT CIRCULATES ON CB'S AND IN THE CLASSROOMS OF THE CDL MILLS. TRUCKING COMPANIES DON'T WANT GUNS IN THE CAB USUALLY, SO THEY JUST LET THE RUMOR KEEP CIRCULATING. YES, I'LL AGREE, PLACES LIKE NEW YORK AND JERSEY WILL GET YOU INTO TROUBLE, BECAUSE THEY HAVE DRACONIAN GUNLAWS ANYWAY. BUT THERE IS NO FEDERAL LAW CONCERNING TRUCKERS AND GUNS, PERIOD.
__________________
You can learn alot, by watchin' a Weenie Dawg !!!
Reply With Quote
  ^ Top   #229  
Old 01.08.2008
LakeReady's Avatar
Bobtail Member
 
Last Seen: 08.12.2008 04.19 AM
Member Since: Jan 2007
Location: Dallas, Texas
Trucker? 14 Years
Age: 43
Posts: 26
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
Quote:
Originally Posted by IH Scout View Post
Can you direct me to where that law is? What Federal statute covers firearms in Commercial Vehicles? I would be very interested to read this law.
This particular post is an old one of mine before I did all the research pertaining to the Right To Cary Laws… I think if you read my other posts it should answer its self... Yes in Texas if you have a firearm license to carry you CAN have a gun in TEXAS in your big truck... Laws vary from state to state but NO restrictions just because it’s a commercial vehicle... As far as the alcohols don’t get caught with even a beer can in your truck… Oh and one last point… Class “B” license holders cant blow over a .08 BUT class “A” license holders we cannot blow over a .04 without going to the slammer… That’s while in your personal vehicle or big truck…
__________________
"This Is LakeReady & I'm Back Quiet."
Reply With Quote
  ^ Top   #230  
Old 01.08.2008
LakeReady's Avatar
Bobtail Member
 
Last Seen: 08.12.2008 04.19 AM
Member Since: Jan 2007
Location: Dallas, Texas
Trucker? 14 Years
Age: 43
Posts: 26
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
It is not a question of dead or alive love guns or hate guns... It is the BIGGER question what happens TO you if DOT where to FIND a gun in you truck or on you without a right to carry license ... You get caught with a gun in your truck you will NOT have a truck TO drive anymore or a company who will hire you either... The TEXAS DOT states in TEXAS you
C A N… I repeat CAN (ok I know I stated you cant all this time but I got it from the horses mouth) CAN have a gun IF you have a right to carry license. Me personally however would be more concerned about what your company rules/regulations are and crossing state lines and THEIR state laws… If you are in a state that does not recognize a right to carry you could be in a whole lot of hurt… "Yawn"
__________________
"This Is LakeReady & I'm Back Quiet."
Reply With Quote
Reply

Truckers Forum Bookmarks - Like This Thread? Tell The World!

Truckers' Trucking Forum/Message Board
Truckers Accessories


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off
Forum Jump

Similar Threads
Thread Thread Starter Trucker Forum Replies Last Post
Carrying firearms in a truck GasHauler Experienced Truckers' Advice 487 1 Day Ago 09.32 AM
What do you wish you had on the road? RyanSmurf Questions To Truckers From The General Public 25 05.28.2008 11.01 AM
What to take on the road... kdryan Experienced Truckers' Advice 10 04.13.2008 10.44 PM
Vice President Signs Supreme Court Brief Pushing for End to D.C. Firearms Ban Cybergal Politics 10 02.10.2008 05.05 PM
Firearms in truck NATIONWYDE Ask An Owner Operator 48 06.23.2007 11.47 PM


.


vBulletin Forum Software, Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
Copyright © The Truckers Report - Trucking Forum & Message Board - Truck Driver Discussion - Truck Forum

Trucker Forum Disclaimer: All content, information and opinions (collectively, the "Material") presented on Our Trucker Forum Discussion Board at TheTruckersReport.com are those of the authors of posts and messages (collectively, the "participants") and not The Truckers Report. The Truckers Report does not guarantee the reliability, completeness, accuracy, timeliness or up-to-date-ness of the material presented on the Truck Driver Forum. The material is published "as is," and does not represent the official views and opinions of The Truckers Report or any company. Any reliance upon the Material presented on these forums shall be at User's own risk. The Truckers Report does not review the substance of the content posted by users on these forums and is therefore not responsible for any of such content. The Truckers Forum merely provides a space for its users to express and exchange their own opinions.


Search Engine Friendly URLs by vBSEO