concealed carry laws for truck drivers

Discussion in 'Legal and Activism' started by levelcross, Jun 1, 2011.

  1. levelcross

    levelcross New Member

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    Does anyone know the truth about the laws for truck drivers that want to carry a weapon with them on the road. The DOT doesn't even want to give an answer to this question. Every thread I have read seems to have a different answer, so this is quite confusing for me to say the least.
     
  2. Yunus

    Yunus New Member

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    Varies by state. Ask a lawyer. Don't trust the internet to offer legal advice.
     

  3. Jesse17

    Jesse17 New Member

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    Why would it be any different than for anyone else? Can't you just get a CWP that is accepted in the states you drive in like any non-truck driver?
     
  4. dnthmn2004

    dnthmn2004 New Member

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    I would seek out advise from a lawyer who specializes in firearms laws.

    My opinion is that it is not possible. A CDL license is not that cool :rolleyes:
    One would need to comply with every state they are driving through. Some states honor other states LTC. This may help Handgunlaw.us.

    Telling a trooper, "Some guy on the interwebz told me I could" would not fly.
     
  5. Car54

    Car54 New Member

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    The company a driver is working for may have a policy against carrying weapons in their trucks and on their person. Also, the ICC on the federal level might have rules too.

    I can say that most of the OTR drivers I have dealt with, and quite a few local drivers had a gun in the cab. I never messed with them about it figuring that being on the road so much, they had more of a likely chance to run across a problem to where a gun was needed. That isn't to say that all other cops close their eyes to guns though.

    I had one occasion to arrest and confiscate a gun because the driver was stupid and threatened another driver with it over a road rage/parking lot incident.
     
    Last edited: Jun 1, 2011
  6. Sniper03

    Sniper03 Supporting Member Supporter

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    levelcross,

    The guys are correct. This would not be possible to give you a one answer response to this one. For the following reasons.
    1. Does your Company allow drivers to carry
    2. What State is your Personal Protection Permit issued
    3. Does the State that you are driving through honor your State's Permit
    4. Does the State you are in even have or honor Personal Protection Permits
    5. Then State Laws is not only the consideration. You have City and or County laws that apply that are different from Federal and State Laws.

    * You can see this is one big can of worms and impossible to give a simple answer. Because there is not one good answer.

    And of course there is the also the mind set that I would rather be tried by 12 than buried by Six. A roll of the dice if you know what I mean.
    I do not know about your CDL License regulations and Interstate Commerce regulations, whether or not it gives authorities the right to search a truck without probable cause? That is another situation.

    03
     
  7. freefall

    freefall New Member

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    There is no DOT or Federal law against having a gun in a commercial vehicle. There are many varied state laws against having a concealed weapon in any vehicle. Many trucking companies have policies against carrying weapons in their vehicles. You must follow the laws of the state you're in and decide if you're willing to violate company policy. If it was me, I think I'd have a couple of flare guns handy. They're safety equipment right? But I would think having one fired into his belly would really ruin a highjackers day.
     
  8. 556plinker

    556plinker New Member

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    You only have to abide by the laws of the state with regard to transportation/carry. There is NO LAW or REGULATION set forth by the FMCSA prohibiting weapons in Semi-Trucks. If you have a CCW you can enjoy reciprocity in the appropriate states that share reciprocity with the state of issuance. In the Northeast MASS/NJ/NY you can get into trouble due to their state laws that are applicable to everyone and not truck drivers in particular. Basically, the law does not discriminate on the basis of your chosen vocation.
     
  9. therewolf

    therewolf New Member

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    Federal regulations require the firearm be locked up separately, and the ammo

    be locked up separately.

    In any state where firearms are not permitted, they may or may not follow this

    Federal guideline.

    IF I were a trucker, and tractor-trailer and it's contents

    were my responsibility, I would seriously consider CCW.
     
  10. 556plinker

    556plinker New Member

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    Please list that FEDERAL REGULATION so it will put everyone's mid at ease. TITLE 49 CFR XXX.XX........please let us know what it is! I contend that there is no such regulation but I have been wrong a time or two.
     
  11. twobadazbrothers

    twobadazbrothers New Member

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    therewolf im sorry to say you are absolutely wrong there is nothing in the d.o.t. book that states that .with your permit if your legal in that state then your legal .
     
  12. therewolf

    therewolf New Member

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    Oh, did they rescind the FOPA-Public Law#99-308,100 Stat.449,

    enacted May 19th, 1986 without telling anyone but you?

    Thanks for letting us know...

    As stated previously, guys, this is for TRANSPORTATION purposes ONLY from one legal possession area to another.

    If you load a gun in a state where it's not legal, you are not covered, and local LE statutes take precedence...


    twobadazbrothers, if D.O.T. made a separate ruling it would cloud the issue and create red tape and

    unwanted liability for them. There's already a Federal law on the books, so DOT just took a Mulligan on the topic.

    I'm wrong? Oooh, slow day over there? THAT's news...
     
    Last edited: Jun 8, 2011
  13. c3shooter

    c3shooter Administrator Staff Member

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    Gentlemen- you are referring to the "Peaceable Journey" law- and while it PERMITS transport thru a state by locking a firearm in other the passenger compartment, it does not REQUIRE it. For example, you have a concealed carry permit, you are in a state that recognizes your permit, Fed law does not REQUIRE that you have your weapon locked away.

    The Motor Carrier Safety Act does not set limitations of carry by a CDL driver that I am aware of- WITH THE EXCEPTION OF CERTAIN CARGOES. I can tell you for sure that firearms are not permitted in an explosives carrier, and would suspect that will also apply to flammables transporters, isobutyl badstuff, etc.
     
  14. 556plinker

    556plinker New Member

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    Bravo sierra

    That whole chapter is about transfers, tax stamps, importation and manufacture. Just cut and paste the specific regulation that you know so well with regard to Interstate Transport via personal or semi truck conveyance. As I posted earlier, you have to follow the laws of the State in which you are present. The main concern of the OP was (being in a class 8/semi-truck ) whether or not any specific/special laws were pertinent to his situation. I don't care who is right or wrong, makes no difference to me, just post up this regulation. Cite the chapter and paste the regulation, thats all we are asking here, since you have it...should be simple as pie.
     
  15. 556plinker

    556plinker New Member

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    You are right C3...when being shipped via a common carrier as part of a shipment it is a whole different ballgame. It's not the same as a firearm being part of the personal affects of a driver.
     
  16. therewolf

    therewolf New Member

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    Dude, google-check it out.

    I'm not your personal librarian...
     
  17. 556plinker

    556plinker New Member

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    Did...not there...Just what I thought.
     
  18. therewolf

    therewolf New Member

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    Yes!! You get the VITAMIN N!

    Play your psychological BS on some moron.

    You asked for the law I referred to, I gave it to you.

    What do you want me to check out for you next,

    statistics on toilet bowl cleaning in Lower Mongolia?

    Google works for lazy people, too.
     
  19. 556plinker

    556plinker New Member

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    Nope, nowhere in there...please enlighten us with your google knowledge.

    Federal Firearms Laws
    The National Firearms Act
    As Amended By:

    Public Law No. 99-308, 100 Stat. 449, Approved May 19, 1986.
    and
    Public Law 99-100-203, 101 Stat. 1330, Approved December 22, 1987.


    [references to the Internal Revenue Code of 1954 within this Act or
    amendments thereto refer to the Internal Revenue Code of 1986. (2,
    Public Law 99-514, 100 Stat. 2085, October 22, 1986)]


    TITLE II
    MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS


    Section 201, Chapter 53 of the Internal Revenue Code of 1954 is
    amended to read as follows:

    CHAPTER 53
    MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS

    Subchapter A. Taxes.

    Subchapter B. General provisions and exemptions.

    Subchapter C. Prohibited acts.

    Subchapter D. Penalties and forfeitures.