Firearms N The Road

There is NO Federal or State Law specifically outlawing CCW in a CMV. However; it MAY be regulated state by state for ALL vehicles.

 

Unless things have changes in the last year or so, there's no Fed rule stopping you from carrying a gun in the truck.

That said, you are still at the mercy of every state & local cop who's jurisdiction you pass thru.

There are CCW permits available from certain states that will allow you to carry in those states plus the one's having reciprocity with those states.

I would give the NRA a call as they would know who has reciprocity with whom.

Then there's the other side of the coin, carrying UNconcealed. This means the gun is in a closed container or bag & the container is in plain sight. Some places provide that there's a minimum of 3 physical movements for the driver to reach & arm the weapon.

So, If you were to place the gun in a cigar box on the front seat, this should satisfy the closed container & the in plain sight issue. You can afix a ice cream stick to the lid as a means of quickly opening the box. Then, you can leave the mag partially out & the safety on. This should cover the 3 step procedure for accessing the gun. Reaching for the box & opening it =1, grabbing the gun out of the box & pushing the mag in all the way=2, releasing the safety=3. In the case of a sinlge action type, pulling the hammer back might count as one of the steps.

The last is based on what I've read of several jurisdiction's responses to carrying a gun without a CCW. It is not representative of all municipalities.

The bottom line is that you are taking your chances with the cop who stops you. If he/she's the "wrong kind" of cop, it could easily be your butt. If he/she's the traditional & non-rookie type, you'll be ok. There's no guarantee in this especially if you give the cop a hard time about something. All bets are off when you do that.

The last thing you wanna' do is lie about it being in the truck if they ask. If the gun is in a position to do you any good, it's most likely also in a position to be easily seen if someone casually looks around.

Personally, I would go with the CCW permit from at least one state. It won't cover everywhere you go but it does show taking responsibility in keepng one because you had to go thru a training course to get the permit.

A tuff call. No matter what else happens though, if you use it on someone, chances are you'll be sued by the 3 wives & ten kids whose main income was just taken away when you shot the perp. Be prepared to drop somewhere between 20 & 40k on lawyers.

The last piece of advice, if you have the right to shoot 'em, you have the right to kill 'em. That way, there's only one side to the story.

 

For what this is worth, I have searched the FMCSH for any mention of firearms or weapons and found nothing. I also searched through the state of Florida(where I live) statutes and came up empty as well. However,in Florida I did find that it is legal to possess, or carry a firearm in private conveyances. That does not include commercial or vehicles used in interstate commerce. It did not specify class or weights etc.
There are exceptions and mainly they would be anyone convicted of a felony,ever, or convicted of crimes involving domestic violence would also be prohibited from possessing a firearm.
I recommend to anyone thinking of carrying a firearm,especially if planning to travel to other states other than the one they reside in to obtain a concealed firearms permit.
Additionally, it would provide some training, not nessesarily the best but some at least on the safe handling and storage of firearms.
Many states share reciprocity if you carry a concealed firearms permit. That information is available online at
http://gunlawguide.com/ or http://licgweb.doacs.state.fl.us/index.html

Ironically, the commissioner's name is Charles Bronson but it's not the same one I remember.

I am not connected to these websites in any way, I just recommend it as it may be helpful to other drivers.
Don't even think of carrying if you have EVER been convicted of a felony, you can't legally carry a firearm,sorry. You can be arrested if found in possession.
As for company policys about guns, most places I go have something posted either on the gate on the way in or somewhere not far from there prohibiting firearms on the property.

 

I researched this very issue in August for another trucking forum. After several hours of wading thru websites I went to the source. I will copy and paste the response here as I did at the other forum. I hope this helps dispel all the hype. I too was incorrect in believing it was a matter of Federal Law and had been "duped" into believing what I had "heard" from other drivers. This seems to have a life of its own and is practically an URBAN LEGEND.
-----Original Message-----
From: Jason Perkins
Date: Monday, August 13, 2007 01:59 PM
To: dot comments # dot. gov
Subject:

To Whom It May Concern,
I am trying to verify the existense of a federal law prohibiting truck drivers from carrying firearms in a commercial vehicle. I would like the exact statute so I may post the correct info on #########. This has been an issue hotly debated over the years and no-one seems to be able to prove their case either way. Any help you can provide will be greatly appreciated.


Dear Mr Perkins,

Carrying concealed weapons is a matter of state law. Your question can best be answered by the appropriate state government. Links to state government web sites are available on: fhwa. dot.govYou may also want to contact the Federal Motor Carrier Safety Administration (FMCSA) field office nearest you. To find the office nearest you, please consult the following web site:
To contact FMCSA Headquarters in Washington, DC, please see:

Sincerely,

Reference Services
National Transportation Library
Bureau of Transportation Statistics
Research and Innovative Technology Administration
U. S. Department of Transportation
Sorry the censors made me delete the links that came with the message (Censors this is a poor policy when drivers are trying to refer other drivers to legitimate websites). I would recommend the administrators re-evaluate this policy.

 

I havent even gotten through all the post here because there ALL STUPID. Does any of you brilliant posters even bother to read the FMCSA laws? IT IS ILLEGAL TO CARRY A WEAPON IN A COMMERCIAL VEHICLE PERIOD. unless YOU R A LAW ENFORCEMENT OFFICER OR HAVE SPECIAL GOVERNMENT CLEARANCE, AND NO A CARRY PERMIT DOES NOT MEAN THAT, YOU CANT DO IT. RAMBLE ON MORONS.

 

show me the law then. It isnt in there.

 

Well calling people names and insulting other drivers will not change the law or make you look any smarter to the veteran drivers on here…
You obviously have done little if any research or just have been fed bad information from someone…
If you took a little time to read through all the posts you would find that I have spoken to a Texas DOT officer personally on this very same issue so your harsh words carry little weight.
Texas is the 23’d state to pass a concealed carry law since 1986 and it is quite legal to carry a firearm in your “commercial” truck.
Your company may have “rules” excluding you from the right to carry but you would not be in violation of any “State Laws”… Now if you where to cross state lines into a state with out a concealed carry law you would then be in violation of that particular states law…I would be more than happy to provide you with the phone number to the Texas DOT if you have any further questions regarding this issue…

"It is better to keep your mouth shut and be thought a fool than to open it and remove all doubt."

 

Ok.......
CITE the regulation....

in other words.......
PUT UP or SHUT UP

 

I have carried ladder(s) on my truck many times, and it wasn't my job to put out fires either.

 

Before I get started, let me state that I think all law abiding citizens should be able to carry a gun if they so choose. But in all my experience dealing with thugs while driving OTR (including having a pistol drawn on me at a truckstop in Dallas), not once can I think of a situation where having my own weapon would have helped my situation.

In the case in Dallas, Mr. Thug already had his gun out and trained on me. Let's say in this particular situation, I drew my weapon and attempted to shoot Mr. Thug before he shot me. He already has his gun out, and finger on the trigger. Meanwhile, I have to retrieve my weapon, ready it, aim and fire... in less than three quarters of a second (the amount of time it will take for his brain to process the fact that I have just drawn my own weapon and to tell his finger to pull the trigger). Mr. Thug has the upper hand in this situation.

What actually happened in this case: I was bobtailing and parked in the lot right next to the parking lot exit. The truck was running and I was filling out my comic book when Mr. Thug jumped on the side of my truck to sell me a gold chain. I politely declined and started to roll up the window. He look around as if to see if anyone else was looking, then drew a pistol from his waistband and pointed it at me. What to do?

A few things were in my favor that day. Number one, the truck was running, enabling me to make a quick getaway after I booted his ### into the parking lot by opening the door and causing him to lose his balance. Number two, the truck was a COE... not much for him to hang onto as the door came open on him. As he was peeling himself up off the concrete, I was cramming the truck into 4th gear and making a hasty exit onto the road.

In most cases where someone has a weapon drawn on you, you will have a better chance of surviving by disarming the thug, than by trying to draw your own weapon. Now you could go around with your pistol in your hand, ready at all times, but most places frown on that <grin>.

It is also my firm belief that the only time you should draw your weapon is if you actually intend to shoot to kill. The longer you point a gun at someone, and threaten them, the longer they have to formulate their plan of action, increasing the chances that your own weapon will be used on you instead.

With that said, let's say you do happen to get the upper hand on Barney ######, and plug 310 grains of .44 Mag into his cerebral cortex. Now what? Even if you were in the right, you just cost yourself a whole lot of time, trouble and money. Is it worth it? I think not.

___
Jim