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-   -   Transporting Shotgun with Pistol Grip (http://www.firearmstalk.com/forums/f97/transporting-shotgun-pistol-grip-33574/)

FightinTexasAggie 10-26-2010 10:42 PM

Transporting Shotgun with Pistol Grip
 
My dad is a truck driver, and drives along the US-Mexico border through Texas, New Mexico, Arizona, and California. It is getting more and more dangerous to be near the border, and he wants to start bringing his 12 gauge pump shotgun with pistol grip, no stock.

My main question is, is it even legal to have in California with their absurd "assault weapons" laws? I have looked around, and cant find any info on shotguns, only rifles and handguns.

Is there any other legal issues he could run into keeping the shotgun in his truck? He would like to keep it loaded when he is stopped somewhere sleeping, but most of the time it would be unloaded and shells will be locked up. I know it cannot be loaded in California, but what about the other states? Any other advice, other than stay away from the border?

mcramer 10-26-2010 10:47 PM

In Texas you can have a loaded gun in the vehicle, but I think it has to be concealed in the vehicle. i don't know if its limited to handguns only though.

michigan0626 10-27-2010 01:41 AM

Dont quote me, but I could have sworn reading that it was against federal law to have a weapon in a big rig. Even if you have a ccw and get pulled over in your state of residence.

556plinker 10-27-2010 02:52 AM

Quote:

Originally Posted by michigan0626 (Post 375169)
Dont quote me, but I could have sworn reading that it was against federal law to have a weapon in a big rig. Even if you have a ccw and get pulled over in your state of residence.

You have to follow all applicable state laws regarding the transportation of a firearm. There is no exemption or exception when it comes to a commercial vehicle. It would be advisable to know the laws of the states in which you will be traveling. New York, Mass and California,...I wouldn't even go there packin. I have CC'd in downtown chicago just to spite the Daly's.:):)

skullcrusher 10-27-2010 03:28 AM

Quote:

Originally Posted by michigan0626 (Post 375169)
Dont quote me, but I could have sworn reading that it was against federal law to have a weapon in a big rig. Even if you have a ccw and get pulled over in your state of residence.

You are correct, sir.

mcramer 10-27-2010 03:31 AM

Quote:

Originally Posted by 556plinker (Post 375222)
I have CC'd in downtown chicago just to spite the Daly's.:):)

Illinois is the new California in reference to guns.

pabstman 10-27-2010 02:03 PM

I have a CDL and you can not carry a weapon in any vehicle with a DOT number or one that requires a CDL to operate.

556plinker 10-27-2010 02:53 PM

Pabstman
 
Obviously it is ok to discriminate by conveyance? I'll stand by my original assertion. Please post the Code of Federal Regulations prohibiting transportation of a firearm in a SEMI/COMMERICAL VEHICLE regulated by the Federal Motor Carrier Safety Administration (DOT) so I can sleep peacefully henceforth. I can not find it anywhere. As long as the firearm is legal, the individual can legally possess and it is tranported legally I don't think there is a problem. Please prove me wrong so everyone can be properly informed.....I do not think truck drivers are SECOND CLASS CITIZENS and should not be subject to discrimination due to their chosen vocation. As long as you comply with the state laws regarding firearm type and transportation you shouldn't have any problems. If this is incorrect please enlighten me.
Respectfully, Plinker

556plinker 10-28-2010 02:06 AM

Skullcrusher!!!!!!! Help
 
Give me the lowdown on this......you dont post unless you are absolutely certain or at least think you are. You are a warehouse full of knowledge and "generally" more accurate than a rectal thermometer. :confused:

Jpyle 10-28-2010 02:42 AM

Quote:

Originally Posted by 556plinker (Post 375880)
Give me the lowdown on this......you dont post unless you are absolutely certain or at least think you are. You are a warehouse full of knowledge and "generally" more accurate than a rectal thermometer. :confused:

Ok here is the US Code Section that deals with the interstate transport of firearms.

Quote:

Title 18 Setcion 926(a). The peacable journey law.
TITLE 18–CRIMES AND CRIMINAL PROCEDURE
PART I–CRIMES
CHAPTER 44–FIREARMS
Sec. 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.
From this is can be ascertained that anyone, including truckers, has protection under Federal law to transit through a state with a firearm as long as all provisions of the law are met. This is the so-called safe passage or peaceful journey law. Bear in mind that nothing here gives you cover if you have a loaded or accessible firearm in the vehicle. That would be concealment and would require a CCW issued by or recognized in the state you are in.

Now the issue is whether any interstate commerce or DOT regulations rise to the exceptions cited here:

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

I am no lawyer nor an expert but in researching this the consensus seems to be that no such Federal or DOT prohibition exists. It is sometimes quoted as fact but no one seems to be able to cite a specific regulation, all evidence is anecdotal at best. Individual company policy is something else entirely. (Anyone having a specific reference please post here and put this issue to rest)

I would certainly suggest checking in with a knowledgeable lawyer before proceeding for I am sure you know by now that FTF failed the Bar Exam and disclaims any liability for getting your azz thrown in jail...:p


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