Transporting Shotgun with Pistol Grip

Discussion in 'Legal and Activism' started by FightinTexasAggie, Oct 26, 2010.

  1. FightinTexasAggie

    FightinTexasAggie New Member

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    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?
     
  2. mcramer

    mcramer New Member

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    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.
     

  3. michigan0626

    michigan0626 New Member

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    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.
     
  4. 556plinker

    556plinker New Member

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    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.:):)
     
  5. skullcrusher

    skullcrusher New Member

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    You are correct, sir.
     
  6. mcramer

    mcramer New Member

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    Illinois is the new California in reference to guns.
     
  7. pabstman

    pabstman New Member

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    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.
     
  8. 556plinker

    556plinker New Member

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    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
     
    Last edited: Oct 27, 2010
  9. 556plinker

    556plinker New Member

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    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:
     
  10. Jpyle

    Jpyle New Member

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

    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
     
    Last edited: Oct 27, 2010
  11. 556plinker

    556plinker New Member

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    Thanks Jpyle.....it should be under 49 CFR if it exists but as far as I can tell there is no such regulation. You would think "equal protection" would apply in this matter. Skullcrusher might have the skinny on it.
     
  12. FightinTexasAggie

    FightinTexasAggie New Member

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    I spoke with a police officer today and asked him about this. His response was "Absolutely he can keep a gun in his truck in any state, but different states might restrict the type of gun and how it is stored." He went on to talk about how for a big rig driver, that truck is their home for periods of time and whatever they are hauling is their livelihood, and they have the right to defend that.

    It is true that most trucking companies have policies against drivers having guns in trucks. The company my dad drives for recently had a meeting with the drivers about safety, since they run a lot along the border. They were basically told how it is getting more and more dangerous along the border, and the drivers need to be alert and "do what you need to do to stay safe".

    I know the shotgun is legal in Texas. The only concern I would have is in California, due to their backwards gun laws. It is the pistol grip with no stock that is confusing. I know you have to be 21+ to buy the shotgun (18 for normal shotguns).

    I just dont know if the gun is even legal to have in California and what the laws are as far as storing the gun/ammo in California, Arizona and New Mexico.
     
  13. 556plinker

    556plinker New Member

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    I'm still not feeling good about this. We have JPYLE and a police officer in the affirmative and Skullcrusher out on the limb. If you have something Skullcrusher please let us know so we can be reasonably assured about this issue. Please weigh in with something pro or con, I'll never be mean spirited again, I promise. All that I ever wanted was to be your friend....even after you and Tango viciously attacked and douched me.
     
  14. skullcrusher

    skullcrusher New Member

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    Any gun unloaded in a case out of the reach of the driver is very different from loaded either concealed in the cab or openly in the cab.

    Pistol grip shotty loaded within reach of the driver in Cali? :eek:
     
  15. 556plinker

    556plinker New Member

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    Wanted to know your take about the legality of possessing a firearm in a big rig....not the legality of the configuration. Sorry for the confusion.
     
  16. skullcrusher

    skullcrusher New Member

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    I am not a lawyer. Your answer is plainly stated here.

    http://www.firearmstalk.com/forums/f97/transporting-shotgun-pistol-grip-33574/#post375408

    "Shipping of Firearms" is a biggie with those prosecutors and judges that lean to the anti's. "Right to Self Defense" is a biggie of those the other way.

    LEAs regonize the importance of the trucking industry for many reasons.

    What % of truck drivers are arrested and charged with some form of firearms violation as a primary count? How about as a secondary count?


    FTA,

    Consult a lawyer is my advice to your father.
     
  17. JTJ

    JTJ Well-Known Member Supporter

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    This could be a good question for the NRA as any fed restrictions could be a violation of the 2nd Amendment. If a rig is equipped with living quarters it could be construed as a home but that might be stretching it. It sounds like a double barrel might be the way to go along with a hidden compartment. Then there is the old addage, "It is better to be tried by 12 than carried by 6." I know a lot of people that carry without a permit in the PRK.
     
  18. RJMercer

    RJMercer New Member

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    Ccw

    Having a Utah CCW might clear up some of the problem since it has reciprocity with so many other states. Having a Taurus Judge would clear up a little more of the problem given that its an easily concealable pistol that'll chamber a .410 shot. Just some redneck 2 cents.
     
  19. skullcrusher

    skullcrusher New Member

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    So, you know a lot of potential felons? Are you promoting such activity? :eek:
     
  20. JTJ

    JTJ Well-Known Member Supporter

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    I am not promoting illegal carry. I am just telling it like it is. Crooks in the PRK know they are relatively safe when the assault and rob some one. They also know that a lot of truckers and RVers carry guns in their vehicles. I tow a trailer so I cant legally keep a firearm handy while I am towing but most of the people in motorhomes have one since a motor home is classified as a home. Most of the politicians in the PRK are afraid of guns and they are probably crooks. A bunch of them carry. They just dont think the public is capable of carrying or making decisions. They could be right since they voted for those rectal orfices.

    "A fear of weapons is a sign of retarded sexual and emotional maturity."
    Sigmund Freud