Today I saw a driver wearing a pistol....

Discussion in 'Experienced Truckers' Advice' started by Verdel, Dec 13, 2015.

  1. Shorty Small

    Shorty Small Bobtail Member

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    As stated in previous post, there are no federal laws or regulations about carrying a firearm in a cmv. If you have a ccw you are good as long as the state you are in has resiprosity with the state you have your ccw in. If not just locked up unload and out of arms length. For reference go to the NRA or Gun Owners of America web sites.
     
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  3. ChaoSS

    ChaoSS Road Train Member

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    Please just stop spreading disinformation like this. There are states where you may not simply do that and be ok.
     
  4. chris887

    chris887 Medium Load Member

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    Where?
     
  5. chris887

    chris887 Medium Load Member

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    I think the constitution would disagree with that
     
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  6. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    18 U.S. Code § 926A - Interstate transportation of firearms

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:

    Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
     
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  7. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    In other words, just don't plan any stops in states where your gun is prohibited. No pickups. No deliveries. I wouldn't even stop for fuel or rest breaks. As long as you're legal to have it at both ends of the trip, you're legal to transport it so long as it is unloaded and not readily accessible or in a locked compartment other than the glove box or center console.

    Some states may still arrest you, and the burden of proof would then be on you to prove you met the requirements of the federal law...which is why unnecessary stops should be avoided. Other states will allow you to proceed provided the officer believes that you meet the requirements for the federal exemption to their state/local ban. Either way, I sure as heck wouldn't volunteer any information pertaining to a firearm in the vehicle...and NEVER consent to a search, even if you don't think you have anything to hide.
     
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  8. thejackal

    thejackal Road Train Member

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    More should carry.
     
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  9. ChaoSS

    ChaoSS Road Train Member

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    California, for one, depending on your gun.

    Great, only problem is the courts don't agree. The constitution says I can own my own machine gun, but if I try it I'll end up in prison all the same. We can discuss constitutional rights all day long but when the courts don't care, you'd better be prepared to spend some time in a small cell.
     
  10. rockstar_nj

    rockstar_nj Medium Load Member

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    The constitution says you can own nuclear bombs. Arms isn't and was never limited to only guns. But at some point, you're just not planning on using those weapons for any legal reason. I doubt an asteroid is going to be coming towards earth and you're going to be the hero that just conveniently has a few extra nuclear bombs we can shoot at it to try to break it up into chunks that'll only cause a managable damage instead of a global extinction.... That's where the restrictions on gun types comes from. That's where the restrictions on carrying in a cmv in a lot of states comes from. You're not bringing that gun to work with you because you're stopping at shooting ranges on the way.

    Despite popular belief, you don't have a right to use your gun as defense. Some states allow it, some allow it when it's considered reasonable... If you're being mugged by an unarmed man, you're not allowed to shoot him. If you can run away, you have to run away, you can't shoot. But there's nothing that gives you a right to shoot someone in "self-defense." That's down to individual state laws.

    So if you're driving through a state in a CMV, isn't it safe to assume you have that gun with you in case you have to shoot someone? And that's why these laws and restrictions exist.

    Remember, the constitution sets a very specific reason for the 2nd amendment, it's literally written in the amendment. Once you reach the point that you're carrying your gun at work, you've kind of left the protection of the constitution. You're not carrying that gun to help your country fight off an invading army, you're carrying that gun in case you have to shoot someone, something that is illegal in most states.
     
  11. chris887

    chris887 Medium Load Member

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    You let yourself be a victom. I will shoot the mother ####er to defend myself. I would rather make it to trial ALIVE, than be killed by someone.
     
    Last edited by a moderator: Dec 28, 2015
    Reason for edit: don't skirt the profanity filter
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