2A Rights Being Withheld/Violated

[JPKirkpatrick]

Got a question/problem that I'd like to see what everyone's opinion is on it...

My Brother-In-Law works as an Over-The-Road (OTR) Truck Driver. He has to drive into and through some of the worst cesspools in American Society and down to the Texas/Mexico border all the time.

He has a CCW permit, but is PROHIBITED from having ANY FIREARM on his truck at any time. Why is that? I know it is the Feds ICC that have stated that he cannot legally carry any firearm, but why?

It seems to me that a Commerce regulatory agency has said that the 2A does not extend to those who drive trucks on the highways.

How do we go about getting it changed? I've written to my two senators and my representative, but have not heard anything be done to change this...

Just wondering...

 

[BC1]

I agree. Crossing state lines does not change the essence of a good man.

 

[bob16066]

What "Constitution?"

Others will argue but it is very clear to me that the "Constitution" does not exist unless the "Government" permits it too.

You can't even carry a Pistol in Philadelphia. the birthplace of the "Constitution" without being arrested.

 

[Doc Mustang]

He has a CCW permit, but is PROHIBITED from having ANY FIREARM on his truck at any time. Why is that? I know it is the Feds ICC that have stated that he cannot legally carry any firearm, but why?

Could you please cite the law or regulation in question? This may be a case of his Employer forbiding firearms rather than the federal government. I seem to recall reading that other OTR truckers carried regularly. They simply complied with federal safe jorney laws when traveling through firearm unfreindly states.

 

[NavyLCDR]

Got a question/problem that I'd like to see what everyone's opinion is on it...

My Brother-In-Law works as an Over-The-Road (OTR) Truck Driver. He has to drive into and through some of the worst cesspools in American Society and down to the Texas/Mexico border all the time.

He has a CCW permit, but is PROHIBITED from having ANY FIREARM on his truck at any time. Why is that? I know it is the Feds ICC that have stated that he cannot legally carry any firearm, but why?

It seems to me that a Commerce regulatory agency has said that the 2A does not extend to those who drive trucks on the highways.

How do we go about getting it changed? I've written to my two senators and my representative, but have not heard anything be done to change this...

Just wondering...

There are no Federal regulations prohibiting him from carrying a firearm in his truck/on his person. He can carry a firearm by any method that is allowed by the law of the state he is located in at any particular time. If he is passing through a state that is not a destination, and he can lawfully possess a firearm at his origin and destination, then, if he chooses to, can carry a firearm in accordance with FOPA (Firearms Owners' Protection Act) which is 18 USC 926A while traveling through a state, if he doesn't want to carry in accordance with that state's laws.

Sometimes rumor and assumption are worse enemies to our 2A rights than regulations and laws.

Federal Motor Carrier Safety Administration and US DOT Pipeline and Hazardous Materials Safety Administration both say the it is LEGAL for a driver to possess a personal firearm in their truck:

Link Removed

 

[sgtyoung85]

whhhaaaatt

What "Constitution?"

Others will argue but it is very clear to me that the "Constitution" does not exist unless the "Government" permits it too.

You can't even carry a Pistol in Philadelphia. the birthplace of the "Constitution" without being arrested.

I live in Philadelphia, its legal to open and conceal carry in Philadelphia as long as you have a ccw permit. The problem arrises when the PPD is not well educated in the carry laws of PA. and then harass you. People here are already paranoid because of these idiot thugs running around shooting up the place. I'll keep my gun concealed , Ill stick with the element of surprise.

 

[NavyLCDR]

The problem arrises when the PPD is not well educated in the carry laws of PA. and then harass you. People here are already paranoid because of these idiot thugs running around shooting up the place. I'll keep my gun concealed , Ill stick with the element of surprise.

The PPD isn't harassing people out of ignorance of the law or lack of training.....

 

[sgtyoung85]

The problem arrises when the PPD is not well educated in the carry laws of PA. and then harass you. People here are already paranoid because of these idiot thugs running around shooting up the place. I'll keep my gun concealed , Ill stick with the element of surprise.

The PPD isn't harassing people out of ignorance of the law or lack of training.....

And how would you know. I truly believe some but not all would know. You have good cops, you have bad cops. You'll have some that are very strong with laws and regulations and then you have some that my be weak. I should know I'm US Army retired and I know a few cops.

 

[scouser]

Got a question/problem that I'd like to see what everyone's opinion is on it...

My Brother-In-Law works as an Over-The-Road (OTR) Truck Driver. He has to drive into and through some of the worst cesspools in American Society and down to the Texas/Mexico border all the time.

He has a CCW permit, but is PROHIBITED from having ANY FIREARM on his truck at any time. Why is that? I know it is the Feds ICC that have stated that he cannot legally carry any firearm, but why?

It seems to me that a Commerce regulatory agency has said that the 2A does not extend to those who drive trucks on the highways.

How do we go about getting it changed? I've written to my two senators and my representative, but have not heard anything be done to change this...

Just wondering...

Rather than repeat what has been said before when this question came up, I'll just post the link to the last time it was asked about 2 weeks ago.

http://www.usacarry.com/forums/concealed-carry-discussion/17762-carrying-commercial-vehicle.html

 

[Oldgrunt]

And how would you know. I truly believe some but not all would know. You have good cops, you have bad cops. You'll have some that are very strong with laws and regulations and then you have some that my be weak. I should know I'm US Army retired and I know a few cops.

Hey Sunshine, being a retired Army Sgt and knowing a few cops doesn't make one an authority on LEOs and their competency. There are many people on here who are also retired military but that doesn't make us authorities on anything to do with LEOs just because we know one or two of them. I have had occasion to talk with a lot of law enforcement officers and some of them know very little about the laws they are supposed to be enforcing. Others that do know the law will bend it to cover the situation they happen to be in at a given time. As usual, it is the luck of the draw when you encounter the man in blue. If you want to really get serious about different laws, Navy LT seems to be well versed in how most states should operate and in Federal law. Read some of his posts, you might become enlightened.

 

[JPKirkpatrick]

Just got some enlightening information on this threads subject:

=============================================================
I've seen several threads about whether or not it is legal for a commercial driver to carry a personal firearm while on duty. The consencous was that it was legal but nobody could give an actual reference.

I just received a letter from the DOT Office of Hazardous Materials Standards that answered the question. Here is the text of the letter.

This responds to your letter regarding the applicability of the Hazardous Material 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 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.

And here is a very important part of the letter.

This response has been coordinated with the Federal Motor Carrier Safety Administration.
================================================================

So while there is not Federal Prohibition to the carrying of a concealed firearm, the states regulate it... Meaning that it Must be legal in your destination state for you to have a firearm in your CMV, ie., NY, MA, CA you'll be violating their laws and can be criminally prosecuted...

Thanks everyone for your input, that's what is great about this website!

 

[snatale42]

What "Constitution?"

Others will argue but it is very clear to me that the "Constitution" does not exist unless the "Government" permits it too

Very Sad, but true.