Firearms N The Road

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

  1. panhandlepat

    panhandlepat Road Train Member

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  3. slatherd

    slatherd Light Load Member

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    I dont know why drivers insist that having a legally concealed firearm in a truck is illegal. It isnt.

    Everytime I have posed this question, the response is..."Nope, no way. it's against the FMC guys".

    I then say, show me the law.. They NEVER CAN. I have scoured that book from beginning to end. And there is NO law stating that you cannot carry a firearm. Sure, it is against COMPANY policy but not federal law.

    I have been instructed by 2 authorities on this. One was a 20 year driver and a 10 year instructor. I asked him this same question and he said he couldnt relay the law because it wasnt in there. thus saying that its not illegal. If a law isnt on the books that means its legal. The other was a pennsylvania state trooper that worked the highway weighstations. He also. No thing says you cant, so therefore you can.

    There you go. As long as your ccw has respirosity with your home state, then you can carry there. Just dont go to Cali, Mass, Ill, or maryand.

    Hpefully this topic will be put to rest.
     
  4. condocassanova

    condocassanova Light Load Member

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    Needing one and not having it! Think how little crime there'd be if EVERYONE packed heat. Those who want to do crime pack legally or not and do crime. The daggum playin field would be a little different if every stor clerk had a pump shotgun and every little gal had a 38 snubnose. Some of yall sound like a bunch of girly men at a Democrat luv in at some hippi commoon
     
  5. notarps4me

    notarps4me Road Train Member

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    You could move to Iraq and drive. Most of them pack.:p
     
  6. TurboTrucker

    TurboTrucker Road Train Member

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    It is not illegal to carry a firearm in a Commercial Motor Vehicle or any other motor vehicle under Federal laws.

    Transporting firearms in a motor vehicle under state laws differ tremendously by each state, but the general rule in most states is that any firearm, except under special permitting, will not be allowed to be in a loaded condition, or allowed within the reach of the driver or any passenger, nor will the ammunition and/or the weapon be contained in the same area of the vehicle.

    Most large companies prohibit drivers to carry firearms in company or leased vehicles. Others don't address the issue. So, if you plan to carry a weapon, be sure that the company does not have a written policy in place prohibiting it.

    The best source of current state by state information in regard to firearm regulations and laws can be found here:

    http://www.nraila.org/GunLaws/
     
  7. TurboTrucker

    TurboTrucker Road Train Member

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    The Department Of Transportation doesn't have any position on firearms in trucks, and they never have. The Interstate Commerce Commission rescinded the brief regulation they had on the books, prohibiting firearms in CMV's over twenty years ago. It was there for only a year or so. The rumors have still lasted two decades.

    It is a state, county, or local issue at all times. The Federal Government now only dictates which KIND of firearms are considered illegal nationwide.

    There are only a handfull of states that have laws on the books prohibiting firearms of any description in CMV's. Research on a state by state basis would take a month, mainly because the laws change often, and there are hundreds of variables.


    • There are certain states that will not allow a firearm in ANY motor vehicle.
    • There are states that will allow UNLOADED firearms in ANY motor vehicle. Ammunition may or may not be allowed to be carried elsewhere in the vehicle.
    • There are states that will allow PERMITTED people, allowed to carry and conceal, a LOADED firearm in ANY motor vehicle.
    • And there are states that will honor permits for carry and conceal permits issued in states with reciprocity with others, which will allow the weapon to be carried in motor vehicle in a loaded condition.

    Then you have to consider other laws:

    Some states have "Gun Free Zone" laws on the books, prohibiting firearms in vehicles within 1,000 feet of a school. In those instances, it makes no difference if it is loaded, unloaded, in the trunk....etc.

    Some states have no restrictions, other than that you MUST inform any officer, if stopped for a traffic infraction, that a gun is in your possession. Fail to do so, and you are toast.

    Some states allow it to be loaded and within reach, as long as it is within plain sight.

    The bottom line is that while it may be perfectly legal for a trucker to arm himself, wholely or partially, knowing, keeping current with, and complying with the laws of the state, county, and city, or even neighborhood in some cases, that you are in at any given moment is essential.

    That's a high order for most people to achieve, so any decision to arm yourself for self-protection is going to come with a great deal of risk if you drive a CMV.

    Another great source of info:

    http://www.packing.org/state/
     
  8. TurboTrucker

    TurboTrucker Road Train Member

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    If there is no company written policy that is made aware to the driver, then they have not effectively prohibited them from having firearms in their truck.

    The larger companies more than likely ALL prohibit firearms in their company AND leased vehicles by written policy, but think about all the small companies out there. With no such policy in place, it is left up to the driver.

    Well...let's be realistic. I go to places that have "no tobacco use of any kind on these premises", but I've been known to sneak back into my sleeper and puff on one or two. Not many places do a full truck search to discover what is in the truck or what you are up to, so when you serve most shippers and consignees, the chances of it being an issue are remote. I've rarely been asked about weapons, even on those that have signs all over the place.

    BUT if you serve military installations, some Government facilities, and of course prisons, you might as well step aside and expect them to find it, if it is there and you have not declared it. In most cases, because it is not illegal to have a firearm, if you declare it up front, the procedure is that it will be taken and returned upon your departure. Fail to declare it, and you're up for some hefty Federal charges if they happen to do a search on your way out.

    A legal point, is that if you pass any GUARD post, or searching point upon initial entry to a property, and you have not surrendered banned items, then you are in violation. Up to that point, you have not violated anything.

    Case in point; Most chemical facilities will prohibit cigarette lighters. If they find one on the way out, you're in deep trouble, most of which will result in a lifetime ban from the facilities.

    This is one major reason why I don't get into it with people on the road, and especially over the radio. The nuts are bad enough, and the armed nuts are worse, and they are definitely out there and packed.

    Lets see....I've had three drivers pull a gun on me over the years. One, over my lashing him for almost running me off the road. Another for his refusing to move off a truckstop scale, back when you had to pop quarters in the dang things, because he had been ripped off. The third, was this past summer...a driver who was ticked off, because he couldn't pass me after twenty minutes of trying. After all that time, he got even with me, and pulled his gun...

    I think as far as this subject goes, everyone here is talking about protection. I used to travel with a gun. I no longer do, mainly because of all the added gun laws on the books that are hopeless to keep up with with any certainty, and instead I just avoid the situations that would dictate that I might need one.

    So what we have here, per the original question asked, is that while there is no FEDERAL law prohibiting firearms in your truck, there are a litany of other laws that make it impractical to carry one, without risk of running foul of the law in other regards.

    If someone wants to do the research, apply for all the proper permits and licenses, and constantly keep up with new and changed laws, then you might find it worth your while to do it. I don't. Some things are not worth the risk, but that's a shame itself.

    We ought to be safe in our homes on the road, just as we are in the one that doesn't roll down the highway. Breach my doorway uninvited, and I shoot and ask questions later. I guess if they breach my doorway in the truck, I will hope for the best.
     
  9. LakeReady

    LakeReady Bobtail Member

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    This could only have been written by a gunny… (“Looks like you are the one giving out the bad advice here.”) Well I know for a fact pro1driver is correct in his statement and he was quite clear in his choice of words… Carry a firearm go to jail… Even in Texas with a right to carry license (and I have had one for 4 years now) see what a DOT officer will do to you if a gun is found in your truck… There are a few exceptions to this rule but no one here on a whole should worry about it. IF someone where to carry the cargo that would call for a fire arm to be carried they would be informed of such requirements and have the necessary training and documentation prior to hauling the freight period. I don’t care what state you are in.
     
  10. pro1driver

    pro1driver Heavy Load Member

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    thank you.

    i do believe the only time i saw a "trucker" carry a firearm was a Brink's Armored tractor-trailer driver. they do have tractor-trailers in the Brink's and Wells-Fargo fleet if my memory serves me right. these tractor-trailer rigs carry many different things as we all know, and the drivers are armed. but how specific the law is pertaining to Brink's and Wells-Fargo is something i do not know. maybe they have "police" training and carry a weapon under the jurisdiction of the FBI since they do cross state lines.....and are involved with the federal reserve banks and such...?? and if they were to leave the employ of Brink's or Wells-Fargo, they have to surrender that license...??? these drivers would be about the only exception to the laws regarding a trucker "carrying" a weapon, concealed or otherwise, i would imagine/think.

    but for AN ORDINARY TRUCKER, to carry a weapon isn't allowed by ANY LAW, once you cross state lines.
     
  11. NightWind

    NightWind Road Train Member

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    You know this can be debated until the end of time. The bottom line is you are responsible for what YOU do period. I personally will NOT travel without a firearm in ANY vehicle on a trip period. I think it's personal choice that EACH person has to make, and in turn understand the repercussions of that action. My lawyer is on speed dial.
     
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