.firearms and trucking as an owner operator with a concealed weapons permit

I had the very same situation.

 

Don't bring it to California. Out here, even with a permit, in a vehicle - it would have to be in a separate locked case from the ammo. Pretty much pointless

 

Are guns legal in commercial trucks? Yes and no. Let’s look at the myth’s, the facts, and other options and suggestions I’ve read about while researching this myself.


MYTHS:
It is illegal to carry a firearm in a commercial vehicle. The myth has been passed down and around the trucking industry because many trucking company’s do not want firearms in their trucks; for the various reason we will discuss momentarily.


FACT:
The FMCSA does NOT have any regulations on the carrying of firearms within commercial vehicles. The Department of Transportation concludes that it is a matter of state law (https://ntl.custhelp.com/app/answer...2LzEvdGltZS8xMzUyMDgxNTExL3NpZC9ialRxeHRhbA==). Therefore, we must look at the facts from this point.


If you hold a WCL in a state, you may transport a loaded firearm in the state which you hold the WCL and any other state that is in a reciprocity agreement with your licensing state. If you operate in jurisdictions which do not recognize the WCL from your state, except for a hand full, most jurisdictions have laws for the legal transport of firearms in a vehicle. I recommend the unloading of the weapon, unloading of the clip, locking the weapon in a case then in the side box, and locking clips and ammo in other side box (this is the most extensive rules that I have found, in the states that permit the transport of fire arms by an unlicensed owner).


Some states like New York and Massachusetts, along with some cities like DC and Chicago, do not allow firearms within their jurisdictions at all. If you travel in these area’s at all, you may want to rethink your options.


You can obtain a list of states that accept the WCL of your state by searching conceal carry organizations of your state. You can get laws of the individual states here: http://www.handgunlaw.us


DIFFICULTIES:
There are a few difficulties of carrying a firearm in a commercial vehicle, and you must analyze your specific situation. I’ve divided the difficulties into two categories: HARD and SOFT.


Hard Difficulties:
The following is a list of situations that can pose a problem in the carry of firearms, due to a reasonable danger of a possible search (this list is not inclusive)
- Illegal jurisdictions (NY, MA, Chi, DC, etc)
- Delivery or pick up locations (government institutions, prisons, military bases, etc)
- Cross border deliveries into Canada

• Company regulations - while states may allow the transport, some states do not allow the transport in a vehicle that is not owned by the person transporting the firearm, and must obtain permission from said owner of the vehicle. Company’s have the option to fire any individual who ignore company policies.

Soft Difficulties:
The other difficulties in carrying a firearm are resolved by an easy action: keep your mouth shut. There are several companies which have signs posted for no firearms. Most states have laws which support the keeping of a firearm inside a vehicle, even when on private property; and many of those states have regulations protecting the rights to keep the firearm in the vehicle. Most weapon postings are for the building; and there is no viable reason to carry a weapon into a shipper or receiver.


OTHER OPTIONS:
The following is a list of other options one may carry in a commercial vehicle. I have not researched the legality of all these options, and I will make note beside those options. The options come from other drivers suggestions I’ve found by a combing of forums on this subject. They usually include the opinion or one or two experiences they had with the item. I rather not post any opinion and only what I’ve researched.


Bear Spray - A form of a mace style self-defense system. It is illegal to carry mace, without a permit, in some states and Canada; therefore may be up to the interpretation of the officer on whether the bear spray is illegal.


Mace, Pepper Spray, Gas, Taser, Stun Gun - Like a firearm, these options require permits in some jurisdictions.


Wasp and Hornet Spray - While not illegal to carry in the truck, it is a felony to use the product in a manner other than it’s designed purpose. If the person is bold enough to do so, they can press assault charges for the use of this. While this would be a rare incident, we’ve seen this happen with injuries to assailants in a home break-in.


Tire Thumper - Tire thumpers are legal in trucks, but if it looks like a bat (reducing in size from one end to the other), it’s reported that there may be an issue in California. The obvious conclusion of a tire thumper is, I don’t want to bring one to a gun fight.


Knives - Some states recognize knives, of a certain size, to be weapons, and require a permit for the carrying and/or transporting of these knives.


Dogs - Legal, yet may be against company policy, and make a great companion also. Horrible in the winter, when you have to get up in the early morning hours and let it out in the cold snow.


Flare Gun - I don’t know anything about the legality of this item.


Starter Gun - A starter gun is a dangerous option because it does not shoot projectiles - only makes a loud noise. You may get a little hassle from DOT, but ultimately, since it does not shoot projectiles, it’s not a weapon of any kind. It would work good for the “soft” criminal (verbal or knife threatening) but you would not want to pull it on someone who has a real gun.


Holster - It is not illegal to carry a holster; though, the possession of one may cost a timely search by an officer. As could be done with the starter gun as a deterrent, placing the holster (or starter gun) on the dash of your truck may deter an assailant from making you a victim; IF, they see it sitting on the dash.


CONCLUSION:
If you do not have any concerns with the “hard difficulties” of this writeup, and you choose to carry a armament that may require a permit or special transporting in the jurisdictions you travel; whatever your choice may be, the key is not advertising it. Don’t walk around with it on your side, pull it out in truck stops, talk about it on the CB, etc.: just keep your mouth closed about it and do your job duties.


REBUTTAL:
While I tried to provide the facts, including websites to support said facts, there may still be a few rebuttal’s: everyone has their opinion, and the right to it. The biggest rebuttal to a legal carry of a firearm comes to the proper transporting in jurisdictions which do not recognize your states WCL.


I don’t ever recall a driver needing to defend themselves while traveling in suburbia or down the interstate highway. The most vulnerable times comes during travel in urban city streets and locations, and times of taking your ten hour break or waiting for morning delivery. If you carry into a jurisdiction that does not recognize the WCL of your state, and you know you will traveling, or sleeping, in a dangerous area, my personal opinion is to ready the weapon before heading into the area, park, close the curtains, and keep quiet. If, in the remote chance, you must use the weapon, better to be tried by 12 than carried by 6.

 

I'm sorry I just had to LOL about this part because the DOT KNOWS how it is out there...lmao!

 

After several years, I realized that truck driving produces terrible "trucking lawyers"; but I did not realize it also produces terrible "trucking psychiatrist" also. Maybe you should leave it to the professionals because your horrible at it.

Only in states that do not recognize the WCL from the state the owner is in; yet who needs it while going down the road?

I'm not sure where you get your information at. As long as one has a valid WCL, recognized in the state they are standing in; and the truck stop (or the other "buildings"; what every you may be referring to) does not have signs posted against the carrying of fire arms, you can carry into that building. While there may be some truck stops that have signs posted, I have not seen any yet. AND, I carried a 45 XDM, holstered on my side, into a truck stop last night; walking past two different security guards at least three times, while shopping for, and purchasing, a number of items. Then, in the same rough area, I carried it into a Blue Beacon truck wash.

True, yet not sure why anyone would feel the need to.

In the 14 years I've been driving, I only needed it once; and I'm glad I had it. All they had to do is see it and it did it's job. I'm sure Reginald Denny would have loved to had one. And, while they may have put him on trial, I can't imagine a jury of his peers convicting him of having it.

 

I carry in my truck when I do runs that I know will not put me into Canada before going by the house again. hopefully I never have to use it but I would rather have one and never need it then need it and not have it. An morr2fab you obviously never been held up. back when scrap prices were high I was pulling end dumps with a lot of scrap. we had several drivers held up at gun point while they stole the load. we are talking 60k lbs of scrap. had one driver mugged trying to deliver a load. of course your response would be let them have the load or call the police but Im a free American and am responsible for my own safety and its not the Police's job. I will defend myself whenever necessary and with lethal force if needed.

 

Yeah, I've had many say that it's up to the police; but, they forget, or don't understand what it means, that the police are part of the "first responders". Now this may come to a shock to many people, but the police are not there to protect us; they are there to RESPOND when a call is made (usually after the crime is committed). So, after your robbed, mugged, and possibly murdered, they will RESPOND and try to figure out who did it. The gun can be my first line of defense while the police are still five minutes away.

 

I'm all for anyone who wants to carrying. But one better understand the laws and consequences of using deadly force to prevent a theft in all the various jurisdictions. Regardless if they have their CC + reciprocity. It's one thing to scare off an unarmed crook. It's another thing altogether wounding or killing that same criminal. One has to be able to prove their life was in danger. You can't just walk up on some thief who happened to have hopped into your truck, pull a gun and pop a cap... ...just because. Of course responsible gun owners, most of them, know that.

 

if some thief breaks into my truck while I am in it I would probably just try to scare them off but if he came at me yes I am going to shoot. and like you said you have to know the jurisdictions. where I live just being on my property without my permission qualifies for being in fear of my life in most cases. As I said I hope to never have to use it but better be safe than sorry

 

Reginald Denny is a perfect example for a reason to carry in the truck and let's remind everybody what happened to him.









A very tough guy and very lucky to be alive....




Another story for you.....

And big story that led to a Congressional Bill called "Jason's Law"

• 
  
  Remember George Zimmerman is still alive after he was attacked by a little street thug Trayvon Martin trying to rob him and beat him to death.
  
  
  
  Took a beating from the street thug, but is still alive thanks to having a gun to protect himself.
  
  And remember recently the 88 year old WWII veteran that was beated to death by 2 little Trayvon Martin street thugs and would still be alive if he had been armed with a gun.