Firearms N The Road

Discussion in 'Trucker Legal Advice' started by nghthwk, Jan 11, 2007.

  1. newbiewannadoitright

    newbiewannadoitright "Right Wing Nut Job"

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    Sep 26, 2007
    Cajun Land
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    :biggrin_25521:See what I mean. In Most states it's not a felony. I know about the unloaded / loaded principal. Most CCW holders, for example my state, can carry in 38 states concealed or in the vehicle. Some states, yeah it's a felony. Some states it's a felony to own one just about. My permits good in Michigan by the way. I just wanted to get experienced advice from real truckers, currently working, but I can see this ain't working out. Just.....forget about it.:mhissyfit:
     
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  3. newbee NC

    newbee NC Bobtail Member

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    Sep 2, 2007
    raleigh nc
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    I could find no rules prohibiting a gun in a commercial truck. True most companies have rules against it but why would they know. A person could carry it unloaded and in a locked safe and no one would know about it. It is legal to cross state lines if the gun is unloaded. A person can only carry it concealed in states that recognize your states permit for a concealed weapon. The rest of the time it should be locked in a safe and unloaded. No one can force you to open the safe and therefore no one would know it is there. This would help for states that ban handguns. I do not know if this would work for crossing the canadian border. I have never crossed it before and I am unaware if they can force you to unlock a locked safe. I have no idea about the canadian border and how extensive they search truck cabs. If any one knows anything about this I would like to know.
     
  4. n4mgr

    n4mgr Light Load Member

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    Nov 22, 2007
    Silver City, NM
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    According to DOT officers I've talked to in both TN and VA there are NO federal regulations regarding firearms and CMV's. The problem is the myriad of State and Local laws with only limited protection by federal law (peaceable journey). TN requires a permit to possess period, VA allows open carry(meaning you can have a firearm in a holster on your side in plain view or concealed(including in the vehicle). CO allows you to carry concealed in your vehicle without a permit and you are only required to unconceal it if you exit the vehicle(unless you have a permit), IL, CA, MD, MA, NY it is a felony to possess a firearm, with only a few exceptions(prior law enforcement, NY may issue permit to residents though not likely.) Some states issue permits to non residents(not to be confused with illegal immigrants). A few states have choosen not to recognize these non-resident permits. A few states have wide reciprocity and the permits from these states are recognized by over 30 different states. There are a couple of sites that will help on this subject.

    http://www.opencarry.org

    http://www.usconcealedcarry.com/public/main.cfm

    I hope this helps you to understand the MANY different laws out there that unconstitutionally limit our freedom and right to keep and bear arms.
     
  5. Pur48Ted

    Pur48Ted Road Train Member

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    Jun 14, 2006
    Grand Rapids, MI
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    There are NO FEDERAL laws forbidding carrying a weapon in a CMV, but there MIGHT be local or State laws outlawing carrying in ANY vehicle.
     
  6. Pur48Ted

    Pur48Ted Road Train Member

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    Jun 14, 2006
    Grand Rapids, MI
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    In California, it is LEGAL to have a (legal) weapon for protection IN YOUR PLACE of Business. TWICE, (in two seperate cases) California Courts have held that a CMV was a "place of business", so both drivers who were arrested and charged were acquitted.
     
  7. sgt5ar

    sgt5ar Bobtail Member

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    Nov 19, 2007
    BFE, Ar
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    As a retired LEO, i am so glad i dont have to worry about all these silly little communist scattered around our fine land, claiming they are protecting us from OURSELVES.......right. Firstly there is NO FEDERAL law prohibiting the LAWFUL carry of LEGAL firearms in a cmv. There may be some city and county laws which prohibit this practice. I am unaware of any STATE laws that prohibit carry in a cmv, unless said state also forbids carry in ANY vehicle. Fortunately I dont have to worry about these little commy ratholes because, as a retired officer I can carry concealed in all 50 states.:biggrin_255: As with anything else we do out here, it is OUR responsibility to be aware of the laws in the areas we travel in. If it isnt legal where youre going, be aware that you may get caught by a gung-ho, by-the-book officer who doesnt care if you SHOULD have the right to protect yourself, but only cares that it's illegal in HIS neck of the woods, and will promptly relieve you of said item as well as your freedom. As for ccw permits, again you have to KNOW if your states permit is honored in ALL the states you might travel through, dont rely on the "peaceable journey" clause, which is being re-written more frequently these days, in part due to the large number of states issuing ccw's. But as has been stated numerous times on this subject, the real problems confronting a driver who chooses to "go heeled"......that is, carry a firearm, are the company policy, and the wishes of shippers and receivers to not have armed drivers on their property. Lets say you have a ccw permit and only travel in areas where your ccw is honored, but your company does not allow firearms in their vehicles/property, but you carry anyway because you have a ccw. Guess what! You just broke the law simply by being there with your otherwise legal weapon, and if your company chooses to push the issue by contacting the police you WILL LOSE your ccw permit! Same thing goes for shippers/receivers, only this time your away from home, and will probably go to jail. Remember a ccw is only good when it is being carried within the parameters of the law, therefore if you violate the law by carrying somewhere your not supposed to, you can expect to be treated as if you never had the ccw, maybe worse because by having the ccw, you should have KNOWN BETTER.:biggrin_25521: Even after all my years of LE service, and even though I can carry LEGALLY in all 50 states, there are still a few places I cant carry legally, such as private property legally posted against firearms, etc., so I DONT carry in those places. If you choose to carry, and your company allows it, and you never go to shippers/receivers that dont allow it, make CERTAIN you only carry if you can do so LEGALLY, that means get your ccw, and DO NOT go anywhere you know you shouldnt be, the risk is not worth it! Just think, when bubba's havin his way with you in the cell, you just might wish you had done it legally. Now lets look at alternative methods of self-protection. Tire thumpers, mag-lights (these work GREAT.....trust me on this:biggrin_25511:) whatever your choice (mace is illegal in MANY places, and can KILL you and anybody else in your path, if that can somehow gets punctured while you are happily toolin down the highway......say it falls in the floor and rolls under your seat, getting crushed when you hit one of those non-existant bumps on our terrific highways). Actually had that happen to me with a fire extinguisher a couple of years ago....but that's another story. Whatever you choose to use for defense should be a tool or item that you would normally have in the cab for use in your daily duties, and when the police ask you if you have any weapons, NEVER say your thumper, mag-light or whatever is your weapon because they can then LEGALLY arrest you for carrying a weapon, because YOU just told them it was a weapon, and yes the court WILL uphold the charge. The exception to this is if you are carrying a FIREARM........NEVER lie about carrying a firearm, if they choose to search, and find it, things will go downhill really fast......so you better wake up EARL cause he's gonna want to see this wreck! Sorry to be so long winded here, but this topic really gets me going................be safe, be free, but dont be mean!
     
  8. IH Scout

    IH Scout Light Load Member

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    Dec 30, 2007
    Greer SC
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    Can you direct me to where that law is? What Federal statute covers firearms in Commercial Vehicles? I would be very interested to read this law.
     
  9. newbiewannadoitright

    newbiewannadoitright "Right Wing Nut Job"

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    Sep 26, 2007
    Cajun Land
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    HE CAN'T, BECAUSE THERE ISN'T ONE. IT'S A MYTH THAT CIRCULATES ON CB'S AND IN THE CLASSROOMS OF THE CDL MILLS. :biggrin_25512: TRUCKING COMPANIES DON'T WANT GUNS IN THE CAB USUALLY, SO THEY JUST LET THE RUMOR KEEP CIRCULATING. YES, I'LL AGREE, PLACES LIKE NEW YORK AND JERSEY WILL GET YOU INTO TROUBLE, BECAUSE THEY HAVE DRACONIAN GUNLAWS ANYWAY. BUT THERE IS NO FEDERAL LAW CONCERNING TRUCKERS AND GUNS, PERIOD.
     
  10. LakeReady

    LakeReady Bobtail Member

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    Jan 21, 2007
    Wills Point, Texas
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    This particular post is an old one of mine before I did all the research pertaining to the Right To Cary Laws… I think if you read my other posts it should answer its self... Yes in Texas if you have a firearm license to carry you CAN have a gun in TEXAS in your big truck... Laws vary from state to state but NO restrictions just because it’s a commercial vehicle... As far as the alcohols don’t get caught with even a beer can in your truck… Oh and one last point… Class “B” license holders cant blow over a .08 BUT class “A” license holders we cannot blow over a .04 without going to the slammer… That’s while in your personal vehicle or big truck…
     
  11. LakeReady

    LakeReady Bobtail Member

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    Jan 21, 2007
    Wills Point, Texas
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    [FONT=&quot]It is not a question of dead or alive love guns or hate guns... It is the BIGGER question what happens TO you if DOT where to FIND a gun in you truck or on you without a right to carry license ... You get caught with a gun in your truck you will NOT have a truck TO drive anymore or a company who will hire you either... The TEXAS DOT states in TEXAS you
    C A N… I repeat CAN (ok I know I stated you cant all this time but I got it from the horses mouth) CAN have a gun IF you have a right to carry license. Me personally however would be more concerned about what your company rules/regulations are and crossing state lines and THEIR state laws… If you are in a state that does not recognize a right to carry you could be in a whole lot of hurt… "Yawn"
    [/FONT]
     
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