anti 2nd Amendment yet knows it all w/LESS than a full year in a truck. yeah, with all that experience that you tote,i'd certainly carry whatever you post regarding trucking to the bank-
GUNS on the road? Can you carry your gun with you if you have your concealed permit?
Discussion in 'Questions From New Drivers' started by SmokinBoles, Jun 30, 2013.
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I would be happier if someone could tell me when 5.7x28m will ever be back in stock.
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Are guns legal in commercial trucks? Yes and no. Lets look at the myths, the facts, and other options and suggestions Ive read about while researching this myself.
MYTHS:
It is illegal to carry a firearm in a commercial vehicle. The myth has been passed down and around the trucking industry because many trucking companys do not want firearms in their trucks; for the various reason we will discuss momentarily.
FACT:
The FMCSA does NOT have any regulations on the carrying of firearms within commercial vehicles. The Department of Transportation concludes that it is a matter of state law (https://ntl.custhelp.com/app/answer...2LzEvdGltZS8xMzUyMDgxNTExL3NpZC9ialRxeHRhbA==). Therefore, we must look at the facts from this point.
If you hold a WCL in a state, you may transport a loaded firearm in the state which you hold the WCL and any other state that is in a reciprocity agreement with your licensing state. If you operate in jurisdictions which do not recognize the WCL from your state, except for a hand full, most jurisdictions have laws for the legal transport of firearms in a vehicle. I recommend the unloading of the weapon, unloading of the clip, locking the weapon in a case then in the side box, and locking clips and ammo in other side box (this is the most extensive rules that I have found, in the states that permit the transport of fire arms by an unlicensed owner).
Some states like New York and Massachusetts, along with some cities like DC and Chicago, do not allow firearms within their jurisdictions at all. If you travel in these areas at all, you may want to rethink your options.
You can obtain a list of states that accept the WCL of your state by searching conceal carry organizations of your state. You can get laws of the individual states here: http://www.handgunlaw.us
DIFFICULTIES:
There are a few difficulties of carrying a firearm in a commercial vehicle, and you must analyze your specific situation. Ive divided the difficulties into two categories: HARD and SOFT.
Hard Difficulties:
The following is a list of situations that can pose a problem in the carry of firearms, due to a reasonable danger of a possible search (this list is not inclusive)
- Illegal jurisdictions (NY, MA, Chi, DC, etc)
- Delivery or pick up locations (government institutions, prisons, military bases, etc)
- Cross border deliveries into Canada
- Company regulations - while states may allow the transport, some states do not allow the transport in a vehicle that is not owned by the person transporting the firearm, and must obtain permission from said owner of the vehicle. Companys have the option to fire any individual who ignore company policies.
Soft Difficulties:
The other difficulties in carrying a firearm are resolved by an easy action: keep your mouth shut. There are several companies which have signs posted for no firearms. Most states have laws which support the keeping of a firearm inside a vehicle, even when on private property; and many of those states have regulations protecting the rights to keep the firearm in the vehicle. Most weapon postings are for the building; and there is no viable reason to carry a weapon into a shipper or receiver.
OTHER OPTIONS:
The following is a list of other options one may carry in a commercial vehicle. I have not researched the legality of all these options, and I will make note beside those options. The options come from other drivers suggestions Ive found by a combing of forums on this subject. They usually include the opinion or one or two experiences they had with the item. I rather not post any opinion and only what Ive researched.
Bear Spray - A form of a mace style self-defense system. It is illegal to carry mace, without a permit, in some states and Canada; therefore may be up to the interpretation of the officer on whether the bear spray is illegal.
Mace, Pepper Spray, Gas, Taser, Stun Gun - Like a firearm, these options require permits in some jurisdictions.
Wasp and Hornet Spray - While not illegal to carry in the truck, it is a felony to use the product in a manner other than its designed purpose. If the person is bold enough to do so, they can press assault charges for the use of this. While this would be a rare incident, weve seen this happen with injuries to assailants in a home break-in.
Tire Thumper - Tire thumpers are legal in trucks, but if it looks like a bat (reducing in size from one end to the other), its reported that there may be an issue in California. The obvious conclusion of a tire thumper is, I dont want to bring one to a gun fight.
Knives - Some states recognize knives, of a certain size, to be weapons, and require a permit for the carrying and/or transporting of these knives.
Dogs - Legal, yet may be against company policy, and make a great companion also. Horrible in the winter, when you have to get up in the early morning hours and let it out in the cold snow.
Flare Gun - I dont know anything about the legality of this item.
Starter Gun - A starter gun is a dangerous option because it does not shoot projectiles - only makes a loud noise. You may get a little hassle from DOT, but ultimately, since it does not shoot projectiles, its not a weapon of any kind. It would work good for the soft criminal (verbal or knife threatening) but you would not want to pull it on someone who has a real gun.
Holster - It is not illegal to carry a holster; though, the possession of one may cost a timely search by an officer. As could be done with the starter gun as a deterrent, placing the holster (or starter gun) on the dash of your truck may deter an assailant from making you a victim; IF, they see it sitting on the dash.
CONCLUSION:
If you do not have any concerns with the hard difficulties of this writeup, and you choose to carry a armament that may require a permit or special transporting in the jurisdictions you travel; whatever your choice may be, the key is not advertising it. Dont walk around with it on your side, pull it out in truck stops, talk about it on the CB, etc.: just keep your mouth closed about it and do your job duties.
REBUTTAL:
While I tried to provide the facts, including websites to support said facts, there may still be a few rebuttals: everyone has their opinion, and the right to it. The biggest rebuttal to a legal carry of a firearm comes to the proper transporting in jurisdictions which do not recognize your states WCL.
I dont ever recall a driver needing to defend themselves while traveling in suburbia or down the interstate highway. The most vulnerable times comes during travel in urban city streets and locations, and times of taking your ten hour break or waiting for morning delivery. If you carry into a jurisdiction that does not recognize the WCL of your state, and you know you will traveling, or sleeping, in a dangerous area, my personal opinion is to ready the weapon before heading into the area, park, close the curtains, and keep quiet. If, in the remote chance, you must use the weapon, better to be tried by 12 than carried by 6.SoDel, My-Ke and Lux Prometheus Thank this. -
A couple corrections.
In NJ you will be in a world of hurt if you are caught with a firearm. They have a problem with firearms and recognizing other states. They even harass cops who can travel there under the retirement law that the feds passed a while ago.
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Thanks for your input: I'm not sure I'd call them "corrections" but rather "additions" and "personal experiences". I listed NY and MA because I knew of these two; yet the list is non-inclusive. I do not travel the north east and have not researched all those states; therefore, it's one reason I provided the website for others to research the laws in the jurisdictions they travel.
I never said the bear spray was illegal, but with the characteristics of the product some officers may construe it as a type of mace. You got a "good to go" from several officers, but we both realize that many laws are up to the interpretation of an officer (a problem we often run into). I just wanted to give light that this COULD happen.
Have you ever shot bear spray? I have not, but I'm understanding that it dispenses like a fogger. This may pose a problem in close quarters of a truck. Just think of this if you ever have to use it; or practice with a can first (to see the characteristic of the spray pattern). -
Several years ago crossing the border at North Portal, SK, the border officer asked if I had bear spray. I stated no, but asked why they were worried about it. The officer advised me it would be confiscated because it was not allowed.
Maybe that has changed since 2008. -
Don't go through NJ. Very strict gun laws.
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