Carrying firearms in a truck

Discussion in 'Trucking Industry Regulations' started by GasHauler, Mar 27, 2007.

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  1. grizzly

    grizzly Medium Load Member

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    All it takes is a little research to know where you can carry. I carried again today into a POE. Cortez, Co. Informed officer, showed my permit, no problems. I'm not saying I would do this in all ports but I know where my permit is good. I keep an airline approved locking case in my truck for those states that require it but I try to stick to the states that honor my permit. 34 and counting.
     
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  3. englewoodcowboy

    englewoodcowboy Light Load Member

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    Feb 14, 2008
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    OK so I understand it as you are not an officer, just an inspector? Please explain to me what an "FEO" is as I am unfamiliar with this acronym.

    I am glad you are here to offer clarifications of FMCSA regulations but I am also aware that when I was an "Active LEO" we were Strongly advised to not give any legal advice (Strongly being emphasized because if we were caught offering advice, it was certain termination of employment that we faced). This was to ensure that we did not expose ourselves or the agency we represented to an improper interpretation of the law which could lead to a personal lawsuit. Not saying you are giving advice as you stated you were here to clarify but just be certain you can quote what it is you are clarifying. It is also helpful to your point to include these quotes when doing so as it will limit the banter.

    Now for your information, here is the law:

    TITLE 18 > PART I > CHAPTER 44 > § 926A

    § 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.



    This has nothing to do with CMV or the like, it is simply a federal provision protecting our right to transport a weapon. I am not trying to get in an argument but when you claim you are someone of authority, it is your civil duty to fully understand and know the laws you intend to enforce. This is simply why you rarely find an LEO of a local municipality citing a CMV driver for log violations etc... it is in their right and ability to do so but most are not fluent in the laws so they leave it be. That is the correct way in dealing with these scenarios to control unwanted exposure to lawsuit. Now with you stating that you call in the State Police when you see a weapon, there is nothing wrong in doing that. If upon arrival the Officer finds the driver was in the wrong, it will lead to trouble for the driver but if he was in the right, usually they will secure the weaopn until your inspection has been completed then they will return the weapon to the driver. (This has been my past experience when dealing with a weapon in a vehicle under search).
     
  4. southernpride

    southernpride Gone But Never Forgotten

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    now im not going to be so bold as to call anyone a lier , ive had this conversation about guns for years and read more.

    there are a lot of drivers out there and leo's that profess to know the law that keep spouting off about a federal law that says this and that about weapons in a cmv now i contend that there is no longer a federal law concearning firearms in a cmv true there use to be but that law was repealed in 1968 and yes you can look it up on the internet, now as i said im not going to call anyone a lier but if you think there is such a law please take the time to get me a federal statute number that says such or a state statute for that matter i think you will find that one does not exist I CANT FIND ONE ANY WAY and yes i could be wrong but untill i see the law im right.

    ive had this argument many times both with drivers ands leo's both in and out of court even a federal judge couldnt find such a law.

    now it is true that you can not carry a fire arm in new york or ct or new jersey or as far as i no any state on the east coast but they dont concearn me i just dont go there and i havent been there in over 30 yrs and im not going back they can starve as far as im concearned and as far as a cop knowing the law well most cops are lazy the only law they know is traffic laws why ? well because they write tickets and thats mostly all they do, just because they are a leo that dosent mean they have a law degree. they write tickets and thats about all they do they dont have the time to study law.

    but if some one knows of a law that says you cant carry in a cmv please send me the state or federal statute now im not considering the east coast they do enforce such laws they are wrong in doing so but they do and by the way the us supream court says there wrong not me but at this point they choose to ignore the law. that in itself speaks volumes about that part of the country that is why i dont go there period.

    now don't start preaching the contutiton tro me i have a copy on myh desk i no what it says and no where in the constatuition is the word or words cmv mentioned period.

    so all you law experts that preach the law be sure you no what your talking about bewfore you get some new driver believing what you say and he winds up in jail thnere is nothing worse then loosing your freedom no matter for how long or for what.

    if i ruffed some feahers i do apoligise but this subject makes me do a slow burn , i dont have a problem with any driver sitting around swapping war story's but thee kind of story's can get you in serious troibel.

    my best to all, stay safe .----southernpride
     
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  5. Mr. PlumCrazy

    Mr. PlumCrazy Road Train Member

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    People always confuse concealed carry which means you can carry a weapon concealed and out of site with right to carry which mean you dont need a permit in most states. North Carolina is a traditional open carry state.meaning you can carry without a permit but it must be in the open and visible or out of reach from the driver compartment weather you from New York or Texas. South Carolina have similar laws. Every since CCW came into effect everyone assume they threw out the old law of simple possession CCW laws govern carrying a concealed weapon the old laws are still there
     
  6. Winchester Magnum

    Winchester Magnum Road Train Member

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    That's pretty much they way the rest of us Americans (who are still aforded our God given and constitutionaly protected rights) feel. The value of your life and a truck drivers life are equal.

    Not that we were not already aware of the commie gun kuntrol states, like where you work, but thanks for reminding us low life truck drivers that armed enforcement personel such as yourself are on the lookout for armed personel such as us drivers.
     
  7. Roadmedic

    Roadmedic Road Train Member

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    Scary thought for him.

    Think about all of the 4 wheelers that might be carrying and could ruin his day.
     
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  8. MUSTANGGT

    MUSTANGGT Road Train Member

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    Georgia
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    Thank God for small favors.
     
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  9. Daycabber

    Daycabber Light Load Member

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    Jan 24, 2008
    China Grove, NC
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    One thing to consider though. There was a new NC law added since CCW came out that states someone cannot contribute to the terror of the public.

    If someone chooses to call and report a person, they could be faced with having to prove they were not contributing to the terror of the public when the officer checks it out. Depends on the cop, not 100% of them support our right to bear arms. Some will hassle you if given an opportunity.

    In the past I have gone through many license checkpoints in "NC" with my handgun on the seat in plain view and simply pointed it out to the officers as I pulled up and stopped. This was before I had my CCW and it was never an issue for me, it was legal and not concealed.

    Another story I can share. One of my closest friends was open carrying with a belt holster and was arrested in Burger King in Statesville, NC by a city cop while he was standing in line inside the restaurant. This was around 15 years ago.
    He was released and weapon returned to him shortly after being taken in and apologized to by an upper ranking officer. He wasn't charged with anything. This is an example of the hassle "open carry" may bring to you. He was legal but still had the hassle of dealing with a cop who made a bad decision.

    I prefer to stay in the gray and remain legally concealed so not to draw attention. This was everyone minds their own business.
     
  10. otr500

    otr500 Light Load Member

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    Feb 9, 2008
    Pitkin, La.
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    I started out trying to find federal laws against carrying firearms in a commercial truck. I have several posts that can be checked to verify, should anyone "really" want to know, with sites for verification, concerning this.
    Many have posted fiction as fact and many others have considered what they read to be truth without verification.
    There has also been many posts and confusion concerning concealed carry and carrying a firearm in a big truck. There is a hugh difference in transporting a firearm and concealed carry as far as the federal laws are concerned.
    This does not mean that Barnie the law will not hastle someone. This also does not mean there will not problems. It means, if a person is within the scope of the federal law, that there is federal protection. This may not be great news when pulled over trying to convince the local law you are in the right. It means that if you have the time and resourses you can fight charges to the Supreme Court and have a good chance to win.
    There are ""NO"" federal laws or regulations forbidding the carrying of firearms.
    There are laws in all states and the District of Columbia concerning firearms.
    There is also the right of ingress and egress from the federal highway system. These rights very from state to state and can be found in the truckers road atlas.
    To be clear, there are """"NO"""" federal laws preventing the """legal""" transport of firearms in a commercial vehicle. This will stand until someone can find such a law and post it so all may know. There are federal laws allowing the legal transport of firearms(covered in many posts) in a commercial vehicle.
    Again, this is different from concealed carry that requires permits.
    Thank you, ----OTR500
    This is different




     
  11. RollinRupert

    RollinRupert Bobtail Member

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    Feb 5, 2010
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    The bill of rights should really be changed to the Bill of Responsibilities; if one is to carry a weapon in thier vehicle. You had better eat with that weapon, shower with that weapon, go into the reciever with that weapon, if you have not already been trained. I will not carry a weapon in my truck, I have other training.
     
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