Carrying firearms in a truck

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

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  1. Baack

    Baack Road Train Member

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    This thread has progressed much and into many different aspects of guns and gun ownership along with guns in the truck

    It has in the past and will in the future prove to be pretty entertaining thread

    The repetitive responses on either side of the argument can be easily ignored

    We are going to keep it open for the time being :yes2557:
     
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  3. jtrnr1951

    jtrnr1951 Road Train Member

    Just carry if you want, and keep your mouth shut. Trust me, you won't have any problems...............
     
  4. Ridgerunner665

    Ridgerunner665 Road Train Member

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    OK...

    You are right, it has covered many aspects of guns and ownership :yes2557:

    It just irritates the heck out of me when people post the same nonsense over and over again...without reading it first.

    I guess it goes without saying that I take this matter (personal protection and the right to keep and bear arms) seriously. As always Baack....Thank You for a very enjoyable forum.

    And Thank You for listening to my rant...
     
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  5. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    Exactly it only takes a little common sense. Oh wait well nevermind. :biggrin_25511:
     
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  6. rich_t

    rich_t Road Train Member

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    At the end of the day, are you going to tolerate the government telling you that you can't defend yourself?

    Just be smart about it.
     
  7. notarps4me

    notarps4me Road Train Member

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    Oops; time for this again....[​IMG]
     
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  8. gixxer32404

    gixxer32404 Light Load Member

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    Ok I agree thread should be locked...but whatever.

    Federal laws state you carry a firearm in a locked box unloaded. Ammo shall be separate and locked too.

    Years ago I called a FL. DOT Supervisor. He called back identifying himself and agency. He left a message, therefore he knew the message was recorded. In a nutshell he said Mr. ----- this is supervisor sgt. or LT. ------. It is legal to properly carry a firearm in a cmv, in FL. He said I don't know about other states you'll have to contact them. If it's legal in FL. then there's no Federal Law.

    2 A ccw for FL. has a list of prohibited carry places and a CMV is not on there. Therefore good to go. If in a state that doesn't reciprocate then Federal law applies.

    3 Hr 318 http://www.njspba.com/Documents/FAQ.Right2Carry.pdf allows LE to carry anywhere active or retired. a ccw is legal to carry in most places and a LEO can carry anywhere. It's pretty much the same, except ccw has limits. LEOSA

    4 Let's say a cop retires and is legal to carry under 318.....Are u naysayers saying a retired LEO can't carry in a CMV,either? If you are not then there is a flaw in your method.

    5 I was pissed and asked a driver to show me this ellusive Federal Law......even bet money.At the time I wasn't calling him a liar....I actually wanted to see it.

    6 Years ago, I called ATF and asked them as well. The federal law they quoted me was above. In Florida I can carry my firearm in a vehicle in a holster secured without even having a ccw license.

    7 Disney was giving their FL. employees grief awhile ago. In court it was determined their employer couldn't stop them from have a firearm in their car. http://www.liveleak.com/view?i=a94_1215502359


    http://www.thehighroad.org/archive/index.php/t-291491.html

    8 If carrying is federally unlawful Why does Ohio have this in statutes??
    LAW Writer® Ohio Laws and Rules


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    2923.16 Improperly handling firearms in a motor vehicle.

    (A) No person shall knowingly discharge a firearm while in or on a motor vehicle.
    (B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
    (C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
    (1) In a closed package, box, or case;
    (2) In a compartment that can be reached only by leaving the vehicle;
    (3) In plain sight and secured in a rack or holder made for the purpose;
    (4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
    (D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
    (1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
    (2) The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.
    (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following:
    (1) Knowingly transport or have a loaded handgun in a motor vehicle unless one of the following applies:
    (a) The loaded handgun is in a holster on the person's person.
    (b) The loaded handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover, or closing mechanism must be opened for a person to gain access to the handgun.
    (c) The loaded handgun is securely encased by being stored in a closed glove compartment or vehicle console or in a case that is locked.
    (2) If the person is transporting or has a loaded handgun in a motor vehicle in a manner authorized under division (E)(1) of this section, knowingly remove or attempt to remove the loaded handgun from the holster, case, bag, box, container, or glove compartment, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person's hands or fingers while the motor vehicle is being operated on a street, highway, or public property unless the person removes, attempts to remove, grasps, holds, or has the contact with the loaded handgun pursuant to and in accordance with directions given by a law enforcement officer;
    (3) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and if the person is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, fail to do any of the following that is applicable:
    (a) If the person is the driver or an occupant of a motor vehicle stopped as a result of a traffic stop or a stop for another law enforcement purpose, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;
    (b) If the person is the driver or an occupant of a commercial motor vehicle stopped by an employee of the motor carrier enforcement unit for any of the defined purposes, fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle.



    http://codes.ohio.gov/orc/2923.16 Control f type commercial once you click the link. http://concealedcarryforum.com/forum/topic.asp?TOPIC_ID=14881

    9 http://www.ncga.state.nc.us/Sessions/2009/Bills/House/HTML/H1133v1.html


    Ports are the same as a military base technically as far as firearms. FL accepts some recip licenses of residents, but doesn't accept recip.license for non resident of same state ccw license.
     
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  9. gixxer32404

    gixxer32404 Light Load Member

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    Next, a commercial plane is a commercial vehicle and people transport firearms on planes.
    ------------------------------------------
    Ask the law http://www.olblueusa.org/AskTheLaw/Ask_The_Law_Nov_06.pdf

    Gun in a CMV
    1. [FONT=Arial,Arial]
    2. Q.
    1. [/FONT][FONT=Times New Roman,Times New Roman]What is the proper way to transport a gun in your truck? Is it possible to obtain a permit to carry a gun for personal protection? Michael in Kentucky
    [/FONT]A. Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas:
    [FONT=Times New Roman,Times New Roman]This is a very good question. Having heard from other truck drivers about all the obstacles and dangers ya'll encounter, I too would be interested in carrying

    some type of legal means for defending myself while traveling the country. But unfortunately, if everyone were allowed to carry a firearm, it would cause a big problem. There are those that would state that it is being done purely for safety and then there would be others on the other side that would say it is being done solely as a way to harass others. So like the old saying goes, a few bad apples spoils the barrel.
    [/FONT]So with that being said, there are only 2 ways to legally carry a firearm in a vehicle.
    One way is to have a Concealed Handgun Permit. This requires the person to obtain a Concealed Handgun Permit from you home state, if available. Then you have to stay within states that offers reciprocity with your home state. If your home state does not have reciprocity with another state, then you are not authorized to carry a concealed handgun in that state.
    Next, you can carry a firearm under ATF Rules as a traveler or sportsman. This method of carrying a firearm is to have the firearm unloaded and properly stored in one location with the ammunition stored in another container. The firearm cannot be stored loaded.
    These are the only 2 legal means for carrying a firearm.
    Placards on a CMV
    ------------------------------------------------
    I am not spamming I'm documenting on my soapbox and giving references. Can we lock this thread now, please??? I have given proof, I don't see any proof from the people who say no. I have a headache,now. :banghead: :banghead:
     
  10. gixxer32404

    gixxer32404 Light Load Member

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    ^^posted 2 one waiting moderator approval^^
     
    Last edited: Mar 28, 2010
  11. Ridgerunner665

    Ridgerunner665 Road Train Member

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