Looked over the FMCSA website and no answer...Diesel Bear or any Leo's know?

Discussion in 'Experienced Truckers' Advice' started by EZ Money, Mar 31, 2011.

  1. lobes1985

    lobes1985 Medium Load Member

    306
    112
    Aug 9, 2009
    Wappingers Falls, NY
    0
    You could check and see if they issue out of state permits. That way you could get one from Maryland and still legally carry in the state.
     
    EZ Money Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. EZ Money

    EZ Money Road Train Member

    Maryland is listed as a "May issue to out of state" on the website so probably a hassle to get.
    I'll just carry it unloaded and locked away.

    The other states i run will honor the carry permit even if it is loaded and strapped under my shirt.
    Most of my stops are late at night, i unload alone and usually in the dark in some questionable areas.
     
  4. EZ Money

    EZ Money Road Train Member

    I agree,That sleeper is the same as your home or domicile.
    If someone is breaking in knowing i'm in the bunk they are either drugged out crazy or are packing a gun.
    I feel i have the right to protect myself.I have owned many guns in the past and know how to handle one.
     
  5. Tazz

    Tazz Road Train Member

    2,821
    1,133
    Oct 25, 2009
    Lynchburg,Tn
    0
    I use my weapon to disable any person or people with malice towards me. Disable can mean many things but that is the key point.

    I intend to ensure that anyone attempting harm to me is left incapable of completing their plan. If you feel bug spray can incapacitate someone by all means carry that. I know a .45 will at the very least make them reconsider their plan.


    All men owe a death. Some find it earlier than others when they go looking for it.
     
    REDD Thanks this.
  6. D_Jeffers

    D_Jeffers Light Load Member

    57
    13
    Mar 15, 2011
    Everywhere except NE
    0
    Better than being killed!
     
  7. CondoCruiser

    CondoCruiser The Legend

    19,726
    18,734
    Apr 18, 2010
    Tennessee
    0
    On the other hand, if someone is going to rob you at gunpoint, they will have the element of surprise. You ain't going to do anything with a gun pointed at you even if you had one. The act of going for your gun can get you killed.

    The main thing any driver can do is be aware of their surroundings and avoidance.

    Truck drivers do get targeted and robbed. But the odds are pretty low it will happen to you. For it to happen twice is like getting hit by lightning.

    OP, where in Chattanooga were you when they tried to break in??
     
  8. paul 1052

    paul 1052 Heavy Load Member

    899
    346
    Oct 9, 2010
    Sand Springs, Ok.
    0

    http://www.hardylaw.net/FOPA.html



    2. Interstate Transportation of Firearms
    In response to reports of hunters being arrested for firearms law violations while passing through a state with tight controls,488 FOPA's drafters inserted provisions to offer protection for such travel. S. 49 as introduced provided that any provision of state or local law "which prohibits or has the effect of prohibiting the transportation of a firearm or ammunition in interstate commerce through such state, when such firearm is unloaded and not readily accessible, [Page 677] shall be null and void."489 On the Senate floor, an amendment was accepted which changed this in two respects: (1) the protection was extended only to persons not prohibited by the Gun Control Act from transporting, shipping or receiving a firearm; and (2) the provision that an infringing law was to be null and void was dropped in favor of a simpler declaration that the transportation was allowed notwithstanding any such law.490 The rationale for the former change should be apparent. The rationale for the latter was a concern that, if the provisions that "have the effect" of inhibiting interstate transport were declared "null and void," entire sections of state law might be challenged and voided as to all purposes.491 In this form the provisions passed the Senate,492 and an identical provision was inserted in the bill that passed the House.493
    Upon transmittal of the House bill to the Senate, the Senate passed both it and an amendatory bill, S. 2414, which greatly affected this section. S. 2414 narrowed the right of travel by providing that it was a right "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 firearms"; moreover, both firearm and ammunition must not only be not "readily accessible" but also not "directly accessible from the passenger compartment."494 The restriction to transport to and from areas where the arms might be lawfully possessed was apparently a counter to criticisms that the bill might otherwise bar arrest of the owner in his own state, under that state's laws, if he argued he was beginning a permitted transportation.495 The second change was intended to rule out carrying in a glove compartment,496 which the Senate [Page 678] reports had indicated would qualify as "not readily accessible" under FOPA.497 On the other hand, S. 2414 seemingly widened the allowable transportation by requiring, not that it be "interstate commerce," but that it simply be "from any place" of lawful possession "to any place" of the same.498 The House passed the Senate bill without amendment.499
    Enactment of S. 2414 does leave some questions unanswered. Fortunately, its late origin has given us a legislative history adequate to address most issues.
    Accessibility
    The first question is obvious: what is "not readily accessible"? We can easily discard the horrible hypotheticals raised during the House debates on FOPA, that a briefcase behind the seat would meet this test,500 or that "inaccessible in most cases probably means concealed."501 In practical terms, the requirement of inaccessibility is essentially subsumed in S. 2414's requirement that the firearm be stored outside the passenger compartment. If storage in a locked glove compartment was sufficient to meet the accessibility test, as the legislative history clearly indicates,502 the [Page 679] required storage outside the passenger compartment should clearly suffice.
    Purposes
    A second question is likewise obvious. For what purposes may the transportation be undertaken? FOPA itself had no requirements relative to the underlying purpose.503 Opponents of FOPA criticized this lack,504 but did not carry the day; a House amendment that would essentially have required that the transportation be for defined sporting purposes was decisively defeated.505 S. 2414 does insert a purpose requirement, but one far broader than that proposed unsuccessfully in the House; the transportation may be for "any lawful purpose."506 The omission of "sporting" or its equivalent is apparent and would suggest that the transporting party may intend any lawful purpose, including self-defense, at his or her destination.
    Lawful Carrying at Origin and Destination
    S. 2414 would require that the transportation be from an area where the person may possess "and carry" the arm to a place where he may do the same.507 This raises the question of what manner of carrying is being addressed. Carrying restrictions can vary; in some states concealed carrying is banned, while open carrying is subject to no regulation.508 Others require a permit to carry on or about the person, regardless of purpose,509 while others only restrict carrying for non-sporting purposes.510 The legislative history reflects an intention of a simple and pragmatic test: the transporter must be entitled to carry in the way he carries during the transportation; he must be legally qualified to carry an [Page 680] unloaded, inaccessible firearm outside a vehicle's passenger compartment both where he begins and where he ends his journey.511
    Nature of the Transportation
    The shift from transportation "in interstate commerce" to transportation from one "place" to another512 raises an initial question of whether intrastate trips through a locality with restrictive firearms laws might be covered. There is no explanation of the deletion of "in interstate commerce" in S. 2414's legislative history. On the more general question of whether it was intended to reach intrastate trips, the legislative history implies, but not unequivocally, that interstate trips remain the target. One Representative, for instance, mentioned that both FOPA and S. 2414 cover trips "in interstate commerce,"513 but received a response that travelers are protected "after they leave the boundaries of their state or local jurisdiction."514 The responding Representative then, only a few moments later, described S. 2414 as a protection "for interstate travelers."515 Conversely, even with its restriction to travels in interstate commerce, it had been suggested that FOPA would reach travel within a state.516 The better reading would probably be to restrict the coverage of this section to interstate commerce, particularly in light of the preamble's failure to make findings that protection of intrastate trips was necessary to a valid federal objective.517
     
  9. EZ Money

    EZ Money Road Train Member

    Good info Paul.

    Condo,It was at a place called Odell's or Bunge Oil.
    They ship all food grade oils.
    Off of Morrison at the end of Workman road.
    Off of exit 108b on I-24

    All the states i checked honor NC concealed or open carry.
    Now the interstate transportation may raise issues.
    I guess the safe thing would to have it locked away when going through any scales on the big road.
    I have only had the cab searched in TN by the DOT looking for drugs and once at the Port of Entry in south Texas by the Border Patrol.
    That was years ago.
    I don't intend to shoot anyone but if its down to me or them and they have a gun i want a fighting chance.

    I have been through BLET training years ago. (Basic Law Enforcement Training)
    Also in order to get the concealed permit in NC you must go through another 8 hour training class.
     
  10. CondoCruiser

    CondoCruiser The Legend

    19,726
    18,734
    Apr 18, 2010
    Tennessee
    0
    you mean 180? That's a rough neighborhood, crack rock heaven. Any of them westside exits I wouldn't park near.
     
  11. EZ Money

    EZ Money Road Train Member

    Yep..180b...sorry.
    From now on i will be staying at a truck stop at the 345 on I-75 in Georgia.
    That will put me 20 minutes or so away and i usually come in that way from Atlanta.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.