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Thread: firearms in the truck

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    SoulRacer is offline Rookie
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    Default firearms in the truck

    How do most companies feel about having firearms in the truck? I have a permit in my home state that allows me to carry a concealed weapon. I am not permitted to carry in some states, but I could just leave it in the truck while I am in those states, as long as the state laws allow that. Would most companies have an aversion to their drivers possessing firearms? Has anyone ever encountered this issue?

    SR

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    Good luck with this. I have the same question. I have seen this question posted on another trucking forum and the responses went on for over 80 PAGES!!

    I never had any issues when I was driving OTR but when I started driving local a few issues popped up.

    We fuel our trucks at unmanned fuel islands where some truckers have been attacked and robbed while fueling.

    Our drop yard is huge and it has about 200 trailers in it. There is no light what so ever and people roam around back there. You see 4 wheelers driving back there every now and then and some prostitutes bring jons back there and park in between trailers.

    I do not carry a firearm with me because it is against company policy but I have a nice size tire thumper and knife.

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    That is a big no no.At every weight station they stop you that's a question that they ask you: do you have any firearms?

    The law i very clear: no firearms in commercial interstate vehicles at all.

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    chain binder is offline Member
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    Not only is against most companies policies,but alot of shipper and receivers have signs posted prohibiting firearms.Don't even try to cross into Canada with a firearm.Best policy is to watch your surroundings and don't put yourself into any dangerous situation.One thing to remember the person you pull a gun on probably has one that is bigger,so size does matter.

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    Uturn2001 is offline Senior Board Member
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    Quote Originally Posted by b00m View Post
    That is a big no no.At every weight station they stop you that's a question that they ask you: do you have any firearms?

    The law i very clear: no firearms in commercial interstate vehicles at all.
    And would you please point out that law.

    ================================================== ===

    As far as the Op's question goes you have a number of......obstacles with carrying a firearm in a CMV, especially across state lines.

    1: I will say most, though I have never heard of one that does, trucking companies do not allow firearms in the truck and will terminate you if the find one on the truck or on your person while you are on company business or property.

    2: The laws on how to transport a firearm vary from state to state, and sometimes from county to county or even city to city. There is only one way I know of to legally transport a firearm through every jurisdiction and that is to have it in a locked case, with the ammo in a separate locked case and both cases out of reach of the driver at all times. If you do this then what is the point in having a gun in the first place.

    3: Regardless of a state's laws the owners of any property have the right to not allow firearms on their property.

    4: The very nature of trucking would make it very likely for you to forget that you were carrying as you are often in a hurry and have 10,001 other things on your mind at any given time. Then you get out of your truck and someone sees the gun and at best you are told to leave and have to explain to your company why the warehouse will not load or unload you. At worst you have your gun confiscated and you are hauled off to jail. Either way you are out of a job and most likely will be out of trucking for good.
    Finding the right trucking company is like finding the right person to marry. I really comes down to finding one whose BS you can put up with and who can put up wih yours.

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    The issue of liability alone for a company would be so great, I can't imagine any company would want to take it on. I can only imagine the reaction if you were pulled into a scale and the weapon was found, even if "legal". You would probably get a nice long fine tooth comb inspection. Probably not worth the hassles that would come your way.

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    When it comes down to it, firearms are illegal (atleast by the company) so i carry a Louisville Slugger. "OH but that's a weapon too !!!" Yeah, but i also have a ball mit and a ball, so if they ask, i can also say i use that as my tire thumper (which i do).

    I find myself in a truck stop that i find a little 'iffy' ill bring my bat into the sleeper with me. Sorry, dont care if i lose my job beating someone to a pulp.....i'm going to watch out for my safety long before i worry about putting my job first.

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    Lots of CAD threads on this topic. Try this one:

    Trucker shoots would-be robber

    then search the archives.

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    Quote Originally Posted by b00m View Post
    That is a big no no.At every weight station they stop you that's a question that they ask you: do you have any firearms?

    The law i very clear: no firearms in commercial interstate vehicles at all.

    I don't recall being called into a weigh station and being asked if I have a firearm. There is no law that prohibits firearms in a commercial vehicle. There are company policies against having them in their trucks. Canada doesn't have a sense of humor about having guns in any vehicle. They tend to take it personally.

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    SickRick is offline Board Regular
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    Quote Originally Posted by b00m View Post
    That is a big no no.At every weight station they stop you that's a question that they ask you: do you have any firearms?

    The law i very clear: no firearms in commercial interstate vehicles at all.
    Is it possible to quote the STATUTE in 49 CFR (or any other place) that specifies this?

    I've been unable to find anything to that effect...

    I too have a carry permit, that is reciprocal in like 35 states. In the states it is NOT, Federal Interstate Compact allows firearms owners that are "just passing through", to have the firearm in a locked case, unloaded and separate from ammunition, locked in the trunk or other similarly immediately inaccessible location.

    I'll find the statute for that, if I'm really pressed to do so. But, for example - if you're headed from Florida and your DESTINATION (where you will be STAYING for a time - since truckers are ALWAYS "just passing through") is say, New York - where your pistola would be ILLEGAL - then you;re subject to sanctions in NY by THEIR state/city laws.

    You CAN declare a firearm when entering Canada - and I believe you can also "check" your gun at the border, and pick it up on exit. MAJOR PITA. I "snuck" my unloaded/locked in a case pistol, hidden in my bus "sekrit compartment", as I entered and exited through Buffalo and I wasn't "legal" in NY - so I didn't feel comfortable trying to find an FFL dealer to leave it with. I was MUCHO PARANOID to say the least - Canadian Customs didn't give us a second glance - US customs went through the bus and trailer pretty thoroughly.

    I FLY with a declared pistol and ammo in my checked baggage ALWAYS - when my destination is a state where I'm legal to carry.

    Company policy aside - I'd be REAL INTERESTED in seeing ANY Federal Statute that prohibits firearms in a CMV. Under Interstate Compact - one could assume that as long as your legal in your home terminal state, you should be cool wherever you're "just passing through".

    I don't check my MAILBOX without a gun - and if I'm not expecting company, I answer the DOOR with one (so call ahead before you come knocking on my door). I can imagine, being unarmed all the time is going to be one of the most uncomfortable things about driving a rig. I've had a CWP for 20+ years, and have carried almost every day of that time...

    Matt's link to FMSCA on the issue of firearms in CMV's

    Rick
    Last edited by SickRick; 05-06-2009 at 05:40 PM. Reason: Add link to FMCSA

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    How many times are we going to re-hash this topic? There is NO federal law against carrying a firearm in a commercial vehicle. None..Zippo. Unlike Boom, I have never been asked if I have one except when I cross into Canada.

    Most companies will have a policy against this, however, it is from a liability standpoint as well as being otr you never know where you are going. As long as you abide by the laws concerning firearms in whatever locality you are in you may carry.

    Never try to enter canada with a handgun. They will not be amused. You may travel through NYC, Chicago, Boston etc.. and other anti-firearm hell-holes as long as you do not stop, and are carrying the firearm in the proscribed method. ie: unloaded and seperated from the ammo and in a locked box. If you have to stop overnight in those places or make a delivery there then you are at the mercy of the laws in that jurisdiction.

    Once again: THERE IS NO FEDERAL LAW AGAINST THE CARRY OF FIREARMS IN A COMMERCIAL VEHICLE.

    ps: i actually called out the man doing the orientation at jbhunt on this point. He got up in front of everyone and during one of his spiels popped out this myth. I called him on it immediately and to his credit the next morning he got up in front of the class and corrected himself and said that it was not against federal law but was against company policy.

  13. #12
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    Found the Federal Statute covering interstate transport...

    TITLE 18 USC Part I - Sec 926A


    Sec. 926A. Interstate transportation of firearms


    -STATUTE-


    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.

    NRAILA reading on the subject: NRA-ILA ::

    Rick

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    Quote Originally Posted by SickRick View Post
    Found the Federal Statute covering interstate transport...

    TITLE 18 USC Part I - Sec 926A


    Sec. 926A. Interstate transportation of firearms


    -STATUTE-


    Notwithstanding any other provision of any law or any rule or regulation . .

    NRAILA reading on the subject: NRA-ILA ::

    Rick
    Thank you and a fine job! The problem for most of us is with our employers and with the miriad nuances of multiple interstate/county/local jurisdictions. Thank goodness the "big" Supreme Court and, more recently, the Federal appeals courts have ruled favorably AGAINST the unlawful limitations some would attempt to impose.
    START FRESH. GET INVOLVED LOCALLY. SEND A CLEAR MESSAGE. NO INCUMBANTS. VOTE THE BUMS OUT!

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    Ya do what you think you should do. Personally, I carry a handgun in my truck. I am also a retired police detective and can legally carry a concealed weapon anywhere in the USA. Do I carry it on my side while walking around the truck stop? No. Not ever. I also do not ever go into Canada. If DOT asks me if I have one I always tell them I do. I have no reason to lie. They cannot take it away from me as I can legally carry it. I was asked to give it up while I was on a Military base once. The base security placed it into a safe for me and released it back to me when I left the base. No muss, no fuss. BTW, they also took my digital camera and my cell phone because it had a built in camera too.

    When I went to my company orientation they of course knew my retired status and have never asked me directly if I was armed or not. They also know that with all of my training and experience I am not apt to make them or myself look bad with it.
    Tom

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    Quote Originally Posted by b00m View Post
    That is a big no no.At every weight station they stop you that's a question that they ask you: do you have any firearms?

    The law i very clear: no firearms in commercial interstate vehicles at all.
    There is no such law

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    Which state(s) have the most reciprocal CCW recognitions?
    My Trucking Blog: http://matcattruckin.blogspot.com/
    Website I am making for drivers: http://www.4thedriver.com

    As I sit looking all around,
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    The answers are there,
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    Optimistic and hopeful dreams,
    Are all I have so it seems.
    The future I do not know,
    So all I can do is take it slow.
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    Quote Originally Posted by GMAN View Post
    I don't recall being called into a weigh station and being asked if I have a firearm. There is no law that prohibits firearms in a commercial vehicle. There are company policies against having them in their trucks. Canada doesn't have a sense of humor about having guns in any vehicle. They tend to take it personally.

    Okay.Something to learn new.

    I was asked once in TX, by a state trooper that stopped me and both times in the AR weigh station about this.Since, i don't own one and not to close to guns,except for what i did in the military, i really didn't bother about it.

    So,in one word you can actually carry a firearm in your personal truck,as long it's with the right permits and it's unloaded,stashed away from you directly reaching it??

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    SickRick is offline Board Regular
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    Quote Originally Posted by matcat View Post
    Which state(s) have the most reciprocal CCW recognitions?
    Florida has reciprocity with 32 other states. I think it tops the list as having "the most"...

    Other states either have no CWP and it's cool to keep a "securely encased" (ie: glove compartment) loaded gun in a vehicle. Some other states like NYC, Mass., CT., NJ have incredibly draconian gun laws (and are KNOWN to disregard federal statute on firearms transiting through the state) and you'd be best served to have your piece unloaded, locked and buried in a toolbox or other space OUTSIDE the cab - WELL BEFORE crossing into these states (as the bears often-times scope out the welcome centers across the state line to see if folks are re-arranging their baggage before entering the state - NJ is particularly famous for this). Leave the NRA stickers OFF the truck.

    The Travelers Guide To Firearms Laws of the Fifty States is a comprehensive guide that gets updated every year. A must have for us gun-toters, for $13 is almost as good an investment as the Rand McNally Motor Carriers Atlas.

    Rick

    Rick

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    SickRick is offline Board Regular
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    Quote Originally Posted by b00m View Post
    Okay.Something to learn new.

    I was asked once in TX, by a state trooper that stopped me and both times in the AR weigh station about this.Since, i don't own one and not to close to guns,except for what i did in the military, i really didn't bother about it.

    So,in one word you can actually carry a firearm in your personal truck,as long it's with the right permits and it's unloaded,stashed away from you directly reaching it??
    If you have a carry permit (absent any particular state regs against carrying in a CMV) you can keep your gun in a holster, concealed in states that your licensing state has reciprocity with. Otherwise - that states rules for firearms in a vehicle apply.

    The book I mentioned in my previous post, gives guidelines for all 50 states...

    While I haven't been asked in a CMV yet (hmmm, because I'm in school and not working in the industry yet), I'm frequently asked if I have any drugs/paraphernalia/weapons on a traffic stop. 9 times out of 10 - I'll hand my carry permit over with my drivers license, reg & insurance card. Most of the time they'll ask where it is. On the RARE OCCASION, they'll disarm me and give it back after the stop is finished.

    It's a CRAZY WORLD out there - and getting even crazier. People who wouldn't normally be "desperate" are becoming so - people who already are, are GETTING EVEN MORE SO. I believe we're still just seeing the "tip of the iceberg" in this county's financial crisis, and things are going to get worse still, before they start to get better. While NO LOAD/TRUCK is worth my life, you can bet I'll be willing to defend it if necessary.

    Rick
    Last edited by SickRick; 05-06-2009 at 10:43 PM.

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    I just looked it up, PA (where I am licensed and officially a resident), has reciprocity with 25 other states, including AK.

    I was going to get my CCW before getting into trucking, and now I am considering getting it anyways. Looking at the PA list, I would be legal in the majority of the states I go to, with the exception of the NE.
    My Trucking Blog: http://matcattruckin.blogspot.com/
    Website I am making for drivers: http://www.4thedriver.com

    As I sit looking all around,
    Confusion and uncertainty is all I found.
    The answers are there,
    But I do not know where.
    Optimistic and hopeful dreams,
    Are all I have so it seems.
    The future I do not know,
    So all I can do is take it slow.
    But I do know it will work out,
    So I wait and watch without a doubt
    .

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