Attorneys Answer Q: Guns in Truck

Discussion in 'Experienced Truckers' Advice' started by tscottme, Feb 25, 2025.

  1. wis bang

    wis bang Road Train Member

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    Problem with FOPA is how the anti states apply it.

    While FOPA says you can transport [MT, mags MT and apart from the ammo and out of your reach IS legal IF the origin and destination state laws allow.

    Complicate this with the same 'anti' states refuse to honor the CCW permits from other states.

    NJ, NY, CT, RI, MA, if your weapon is found you will eventually be able to use the FOPA as a defense but the initial reaction roadside will be:

    "Take him to jail and let the judge sort it out"

    We all know that will take time.
     
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  3. Big Road Skateboard

    Big Road Skateboard Road Train Member

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    Some of you guys are scared of freedom, and it shows

    Pitiful
     
  4. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Most are armed already, anyway. Every driver I know personally carries. If they can be trusted with an 80,000lb rig in the rain at 75mph, they can be trusted with a 9mm.
     
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  5. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    The FOPA is a federal law. You still must comply with any state laws.

    The law has certain restrictions, such as requiring the gun to be legal both in the state you came from, and the state you’re going to, and doesn’t apply to magazines. You can’t stop and stay for the night. The law only covers you as you pass through. So you can’t visit California for the weekend and claim FOPA if you get caught with a banned item.
     
    Last edited: Feb 26, 2025
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  6. tscottme

    tscottme Road Train Member

    I know a driver that drove for almost 30 years. I think he said he only carried a gun for a couple of years and remembers only maybe 2 or 3 times having a gun could have helped if things got worse than it played out in real life.

    NEWBIES and the public GREATLY exaggerate the danger involved in OTR trucking. The most dangerous part of OTR trucking is eating. More driver die of strokes and heart attack than crime, by a country mile. If you don't buy or sell drugs or stolen property or hang around with people that do those things, you won't have any trouble besides being treated like a rabid skunk by customers.
     
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  7. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    With all due respect, I'd like to disagree with this.
     
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  8. tscottme

    tscottme Road Train Member

    My comment was answering the OP's "I wish there was a law allowing truck drivers to have guns." FOPA is such a law. Your explanations about FOPA are correct. There is no federal law prohibiting truck drivers from having a gun, despite 5 decades of truck stop lawyers claiming they have read it with their own eyes. The closest thing to a law for truck drivers and guns is FOPA. Having a gun doesn't solve all problems. It only changes what problems you have, like every other "solution".
     
    Last edited: Feb 26, 2025
  9. tscottme

    tscottme Road Train Member

    Go ahead. Explain and support your position.
    Don't confuse the dramatic and memorable crime stories on local TV every 4 years with the frequency of crime daily. Also, don't confuse NOT hearing the stories about drivers having heart attacks every day of the year with it not happening. Heart disease and wrecks kill around 5-10 times more drivers than those drivers killed by crime.
     
  10. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    FOPA doesn't address truck drivers carrying guns at all. It only addresses interstate commerce of firearms. Since it specifically bans sleeping overnight or even getting off the interstate onto state roads, it wouldn't really pertain to truck drivers. For some reason truck drivers think that they can ignore state laws of the states they are in, and they cannot. At least not legally.

    As stated above, even for FOPA protection, it must be legal in the state you're from and the state you're going to. So NOTHING into or out of IL or MA or even CA would ever comply with FOPA.
     
  11. tscottme

    tscottme Road Train Member

    I'm not disputing anything you say. The OP wished for a federal law, and FOPA is a federal law. Having a gun in the truck is a hundred times more complicated than just chanting "better to be judged by 12 than carried by 6". EVERYTHING is more complicated in real life than some mantra about the thing. There are no solutions on earth, just exchanging of problems for other problems.
     
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