Firearms N The Road

First of all, always obey the company rules about firearms. With that being said, there are many citizens who believe they have a God given right to protect themselves and their family members from harm. I asked a good friend of mine who is a retired police officer about the gun laws for truckers. His advice to me was this simple statement: BETTER TO BE JUDGED BY 12 THAN CARRIED AND BURIED BY 6.

 

First of all, I respect the "old lst Sgt" and his opinion. I can relate to his article because I'm an ex Marine from the Viet Nam era. Shooting a person or even shooting at a person is something no one ever wants to do, but, just like war time there are evil people out there who would shoot you dead just to rob you. Just because a person carries a gun does not mean they would ever use it (only if they feel they are in fear for their life). Every person with a legal gun permit that I have ever met has never killed anyone, yet, remarkably they carry a concealed weapon to defend themselves and their families. People who go through the trouble of obtaining a legal weapons permit will not go around shooting people and have no desire to do so. They are responsible citizens that feel they would rather suffer the depression of killing an evil person that tried to rob them or hurt them than to simply be dead. BETTER TO BE JUDGED BY 12 THAN TO BE CARRIED AND BURIED BY 6.

 

New York is one.

 

new york is a commie state just like illinois,wisonsin,dc,cali,but that still doesnt answer the question on where to find this info there are a lot of drivers with permits that carry and have reciprocity with other states and carry as i am one of those i just behave while goin thru states that i dont and for the gun haters on this board dot has seen my gun and not once said anything about it so keep safe and love your glock as much as i love life

 

roadmedic,

Thanks - looking into it now.


Just went through the NY handgun laws and CMV regs and don't see anything banning a handgun in a CMV. I see where a permit is needed to carry, and it's a "may issue" state with very limited recprocity- but nothing I can find singles out CMV for 'forbifdden'

And Title 18 of the US code would let you carry *through* NY, anyway - so long as weapon and ammo are separated and not readily reachable by persons in the vehicle (to state it broadly)

Can you point me at the title/article/chapter? I hate being uninformed and wrong.

 

Not exactly the law, but should help point the way.


Link http://www.nysrpa.org/nygunlaws.htm

Non-residents:
A non-resident citizen may possess a rifle or shotgun in New York, as long as it is unloaded while being transported. No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. New York does not issue licenses to non-residents nor does it recognize licenses issued by other states. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. If a person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, e.g., gasoline and rest, seem permissible.) A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container. An alien may possess a rifle or shotgun for use while hunting provided he has a valid New York hunting license. "If such (handgun) license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant." Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container.​

 

yeah, you can't carry in that benighted state (unless you are a resident with a permit,of course), but nothing at all indicates you can't have a gun in a CMV. Federal law trumps state - so long as you separate weapon and ammo (in locked containers), you are legal traveling through NY. (presuming you have permit or whatever to carry at each end of your trip,of course)

In fact, if you are a NY resident with an appropriate permit, you CAN carry in a vehicle.

There do not appear to be any restrictions on the TYPE of vehicle.

Further, NY is a "don't announce" state. Some states require you to advise any law enforcement officer that you have a weapon in the vehicle. In NY, you don't - you wait until he asks.

 

I am a retired Police Officer. I have checked with every DOT Officer and division I can think of. DOT has no regulation about firearms in a commercial vehicle. In fact 3 different DOT guys told me that this was just some trumped up B.S. that instructors were telling students in trucking school. There is NO LAW forbidding carry in a commercial vehicle. If you have a CCW permit that has reciprical agreements with other states, you may carry in those states. Generally, a person traveling THROUGH any state, may have a firearm in the vehicle under federal law, as long as it is unloaded and locked in the trunk, or in a locking container in the vehicle without a trunk, and separate from the ammunition. Some states forbid any handguns in the passenger compartment of the vehicle, by anyone traveling through or a non-resident. In other words, if you have an insecure or loaded gun in the vehicle in Illinois, you will most likely be arrested if you are stopped and it is discovered.
Another problem is when your employer specifies no firearms on their property, your CCW permit may not take precidence over that rule. Last but not least, even though they can be left at the gate or guard house, some drivers have to deliver loads to military bases, prisons, secured areas of airports, plants, etc. This may not be a problem by relinquishing the gun to security, and picking it up on the way out, but doing this in Illinois, New York, Massachusetts or other communist countries could be a "sticky" situation. People who run regional in the south, dedicated runs, or local runs, where you know the legal status is no problem or overlooked, may be in a better situation that other drivers. I know drivers who have carried for years and kept them locked up and never had a problem.
My use of a handgun in the truck would be to have it loaded and ready at night when I bed down somewhere in my truck, or a hotel. I would prefer to have one on that lonely stretch of road at a rest area, or broken down on the shoulder. I generally would not be too worried about someone getting to me while traveling down the road in a big truck. They'll have a hell of a time getting me out of it. But when I stop and sleep, or deliver a load in the ghetto at 2 am, is my concern.

 

Please note. I have never said that there was a law about carrying guns in CMV. I have only taken the position on the company side. You asked for a law about CMV. I only referenced NY and the fact you cannot have a handgun without a license. I never said anything about a CMV.