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Old March 24, 2009, 06:05 PM   #1
edistomick
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Semi Driving and Firearms?

Hey y'all,

I've been thinking of becoming a truck driver and have heard different things (even after using the search here) about carrying a firearm.
I understand about concealed carry reprocity between the states, but from a truck driver I know says "no firearms at all".
Is it a company policy, a state-wide policy, a nation-wide policy, a DOT policy, a CDL policy?
I'm so confused with differing information!
If I am unable to travel between states, obeying each state's laws, I will seriously reconsider becoming an OTR driver.

Does it matter if you are an owner/operator vs. company driver?

Can some one give me a definative answer?

Thanks, in advance.
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Old March 24, 2009, 07:58 PM   #2
brickeyee
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Company policy.
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Old March 24, 2009, 08:02 PM   #3
ar15chase
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As said before its Co. policy. But I have many family members including my father who are or were truck drivers. And I have never known one who didnt carry a firearm in their truck no matter were they were going.
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Old March 24, 2009, 09:04 PM   #4
Hawg
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I was a trucker. State laws vary, local laws vary. Every plant site you enter will have no firearms signs posted and your truck will be subject to searches on these sites. Most searches(law enforcement included) will consist of opening your door and looking around inside while standing on the fuel tank step. Keep your weapon out of sight and you'll be ok. Get pulled over for a D.O.T. inspection and an officer will get in the truck with you and take a pretty good look around but won't usually do any more than a surface scan. I carried and kept my gun under the sleeper mattress when crossing scales and entering plant sites. Your big problem will arise if you have to use it.
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Old March 24, 2009, 09:59 PM   #5
Mr Odd Six
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Its called interstate firearms transportation laws.

There is NO company that will allow it, nor any other weapon.

Some truckers have had thier tire beaters removed from thier trucks.

Even if you are an owner operator, you might get cought by the man.

Have a good lawyer

BTB trucking is a good way to waste time, and not get paid for it.

Owner/Operators are the only ones making good money
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Old March 24, 2009, 11:00 PM   #6
edistomick
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I understand company policy, but what about state/federal policy.
I understand about state CCW, etc.
Owner/Operator have any leeway?
If I were to own my own rig with sleeper, wouldn't the sleeper be off limits for searches? (Extension of home-thing?)
Company truck w/ sleeper off limits for search?
If CCW reprocity stae, then OK or not when O/O OTR?
Forget company policy, I'm looking for state/federal laws.
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Old March 24, 2009, 11:34 PM   #7
Mr Odd Six
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Go to any truck stop and pick up a little green interstate transportion book.

You will have many hours of fun reading it.

Your truck in on thier highway, and by the grace of God, go you
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Old March 25, 2009, 12:25 AM   #8
NavyLT
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There's nothing special about a commercial vehicle regarding firearms transportation. A trucker is subject to the exact same laws as any other traveler on the road. Company policy applies and as stated above private property and/or government property restrictions would apply. But, as far as the law - the laws are no different for a trucker than anyone else.
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Old March 25, 2009, 07:07 AM   #9
Kreyzhorse
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To my knowledge, the only thing prohibiting the practice is that it is typically company policy. Even if it wasn't policy, of course crossing state lines lands you in areas with different laws and you'd need to be very well versed on it. I my opinion, a 6 cell mag-light might serve you pretty well.
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Old March 29, 2009, 12:08 PM   #10
Staticline
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Your CDL is essentially a federal license. You may not carry a firearm of any type in a DOT commercial vehicle. It is federal law. Dont carry a gun. Of course you can hide it but dont get caught. OTR drivers go to states which have strict laws also, mainly in the northeast, also california. I drive for a living and I used to be a cop. The other poster was correct. A good job to waste time. Find a local driving job if you can.
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Old March 29, 2009, 06:25 PM   #11
Don H
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Quote:
Originally Posted by Staticline
You may not carry a firearm of any type in a DOT commercial vehicle. It is federal law.
Would you cite that law, please?
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Old March 29, 2009, 11:32 PM   #12
NavyLT
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Quote:
Originally Posted by Staticline
You may not carry a firearm of any type in a DOT commercial vehicle. It is federal law. I drive for a living and I used to be a cop.
Since you are a "federally licensed" driver and used to be a cop, then surely you can post a citation to the Federal law that bans guns in commercial vehicles. I would be very, very interested to see it in writing, vice verbal opinion. It certainly wouldn't be the first time that a cop tried to enforce a law that didn't exist.
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Old March 30, 2009, 01:13 AM   #13
Chuck Dye
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For the most part, truckers are no different than any other driver when it comes to fire arms:

You are subject to the laws of the local jurisdiction wherever you go unless the Firearms Owners Protection Act (FOPA) applies and you are in compliance. There is no federal law prohibiting carry in a commercial vehicle.

Carry a weapon onto private property against the wishes of the owner and you may be thrown off the property and perhaps banned from returning, with or without weapons. Failing to cover an assigned load, never mind banning, may have serious financial consequences for trucking companies up to loss of lucrative contracts and so may have serious consequences for a driver's employment and, possibly, employability.

Company policies vary among companies as do the consequences of violating policy. Almost nothing may be said which applies to them all. The best of the companies I have driven for have made a policy of having no policy regarding guns. Becoming a problem for your employer is not the way to retain any job.

If you undertake to travel armed, know the risks and be prepared for the consequences and be very, very wary of online advice.
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Last edited by Chuck Dye; March 30, 2009 at 01:19 AM.
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Old March 30, 2009, 08:26 AM   #14
ISP2605
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There is nothing in federal law, nor the FMCSA, that prohibits a driver from carrying a firearm in their truck. That's an oft repeated rumor spread by companies to their drivers when they don't want their drivers carrying. They don't want to admit it's company policy so they just tell their drivers "it's the law", the drivers will repeat it and never look it up.
Whatever the state laws are where you're traveling is what you have to obey.
I and 1 other Troop were the first 2 Troops in IL to be fully certified to enforce FMCSA in IL. In addition I taught MCS law at our academy and was recognized by the courts as an expert in MCS laws. I inspected a lot of trucks in my career.
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Old March 30, 2009, 10:26 AM   #15
EOD Guy
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OK, see the link for a letter on the DOT web site that should settle the matter of whether is it legal or not to carry a firearm in a commercial vehicle.

DOT Letter of Interpretation 06-0165
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Old March 30, 2009, 10:50 AM   #16
ISP2605
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Exactly. Some read the hazmat statutes and try to infer that a personally owned firearm is hazmat. It's not.
Nothing in FMCSA restricts the driver from possessing a firearm.
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Old March 30, 2009, 02:33 PM   #17
NavyLT
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Quote:
OK, see the link for a letter on the DOT web site that should settle the matter of whether is it legal or not to carry a firearm in a commercial vehicle.

DOT Letter of Interpretation 06-0165
Excellent! Thanks for the backup! Any reply to that, Staticline? I thought not. I'll bet we have a one hit wonder there.
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Old March 30, 2009, 03:12 PM   #18
hogdogs
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when i was 20 I had built a dump truck and carried my 20 gauge in the back window. I was stopped by FL. DOT for a full mechanical and weights and measures inspection. The officer actually tried to tell me "NO FIREARMS ALLOWED IN ANY COMMERCIAL VEHICLE UNDER DOT JURISDICTION" In my most brazen young tuff guy way I simply said... "Don't cite it... WRITE IT!" meaning a ticket or charge and then he went on to tell me it wasn't "SAFE"...
This was just as the CDL was being created so the rules were much easier for me to understand.
Brent
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Old March 30, 2009, 10:24 PM   #19
Gbro
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This is one of the most frequently asked questions in My concealed carry class. There will always be those who will argue.
That letter will be one of my slides. Thanks EOD Guy and A very big thanks to;
Mr. Richard B. Loden for writing the letter.
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Old April 1, 2009, 12:10 AM   #20
Re4mer
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As long as the state you are living/driving in allows for a CCW then its legal. However, if the company you work for has some kind of rule you might risk getting fired if somebody found out. That said I would carry one anyway the odds of getting caught when you are alone in a truck 99% of the time are pretty small. Besides if you ever had to use it to defend yourself losing your job would be the least of your worries. I would rather survive and find a new job than get mugged.

Check out what happened to this poor truck driver.

http://www.metacafe.com/watch/yt-_Mw...eginald_denny/

Last edited by Re4mer; April 1, 2009 at 12:20 AM.
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Old April 1, 2009, 06:11 AM   #21
NavyLT
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Quote:
As long as the state you are living/driving in allows for a CCW then its legal.
The states CCW laws have little to do with it, unless the driver is carrying a concealed weapon on their person. It is a states firearms possession and transportation laws that are applicable. Texas, for instance, forbids CCW by non-permit holders, forbids open carry for anyone, yet it is perfectly legal to TRANSPORT a handgun in a vehicle so long as it is concealed within the vehicle.
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Old April 1, 2009, 08:25 AM   #22
Re4mer
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[QUOTE]
Quote:
Dear Mr. Loden:

This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) to the transportation of a loaded personal firearm lawfully carried by a commercial motor vehicle operator while in the performance of his or her duties. Specifically, you ask whether the transportation of
such a firearm is prohibited by the HMR under the “forbidden explosives” clause in
§ 173.54(f).

The answer to your question is no. Unless otherwise specified in § 173.54(f), a personal loaded or unloaded firearm lawfully carried by a commercial motor vehicle operator is not considered in commerce and therefore not subject to the HMR. Under this scenario, a commercial motor vehicle operator who carries a personal firearm while in the performance of his or her duties is subject to local or State jurisdiction regarding such matters. This response has been coordinated with the Federal Motor Carrier Safety Administration.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
[QUOTE]

Great letter, thanks. Its interesting to note that in the second paragraph they simply refer you back to state and local laws. That has always been what drivers who carry have told me as well.
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Old April 1, 2009, 08:38 AM   #23
Re4mer
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Quote:
The states CCW laws have little to do with it, unless the driver is carrying a concealed weapon on their person.
His original post was talking about CCW reciprocity so that's what I was referring to. From the sound of that letter whether you have a CCW or not it all boils down to state and local laws which was my main point anyway.
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Old April 1, 2009, 10:50 AM   #24
NavyLT
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Gothca! Yes, you are correct, it all does come down to state and local laws, except FOPA, 18 USC 926a applies to commercial drivers as well as private travellers, but does not protect a driver from the employers policy. Although, if the commercial driver has any stops to make other than rest or fuel in the state they are currently located in, the state becomes a destination and they are no longer travelling through.
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Old April 1, 2009, 08:36 PM   #25
EOD Guy
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Quote:
Originally Posted by NavyLT
Gothca! Yes, you are correct, it all does come down to state and local laws, except FOPA, 18 USC 926a applies to commercial drivers as well as private travellers, but does not protect a driver from the employers policy. Although, if the commercial driver has any stops to make other than rest or fuel in the state they are currently located in, the state becomes a destination and they are no longer travelling through.
FOPA has nothing to do with the discussion since we have been talking about loaded firearms. (At least i have!)
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