Carrying in a commercial vehicle question


r6602-mogas

New member
I have a friend who got in trouble this week for having his handgun in his semi tractor. Can anyone point me at the correct TCA code that covers this? He owns the truck.
 

Personal Defense Service

Personal Defense Service
That cannot be the whole story really, In Michigan if you have the" right to be there" then you can carry. I stop hundreds of semi drivers in a year and there is no state law or city law that prohibits the driver from carrying. Find out if it is a state or Local law thats got him hemmed up? Tell him to make a court date immediately. It does not sound right at all.
 

Fallguy

Citizen
In TN you have to have a carry permit to have a loaded handgun even in your vehicle (being a commercial vehicle or not is irrelevant. Otherwise it is a violation of TCA 39-17-1307


39-17-1307. Unlawful carrying or possession of a weapon. —

(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.

(2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).

(B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.

(C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

(b) (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106, and:

(A) Has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon; or

(B) Has been convicted of a felony drug offense.

(2) An offense under subdivision (b)(1) is a Class E felony.

(c) (1) A person commits an offense who possesses a handgun and has been convicted of a felony.

(2) An offense under subdivision (c)(1) is a Class E felony.

(d) (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.

(2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.

(3) A violation of this subsection (d) is a Class E felony.

(e) It is an exception to the application of this section that a person authorized to carry a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. However, the person does not violate this section by inserting ammunition into the chamber if the ammunition is inserted for purposes of justifiable self-defense pursuant to § 39-11-611 or § 39-11-612.

(f) (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:

(A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;

(B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or

(C) Is prohibited from possessing a firearm under any other provision of state or federal law.

(2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.

(3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

(4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.

(5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6; 2007, ch. 412, § 1; 2007, ch. 594, § 3; 2008, ch. 1166, § 1; 2008, ch. 1176, § 1; 2009, ch. 431, § 1; 2009, ch. 455, § 6.]

There is a list of defenses in 39-17-1308, but being in your vehicle is not one of them

39-17-1308. Defenses to unlawful possession or carrying of a weapon. —

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;

(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

(3) At the person's:

(A) Place of residence;

(B) Place of business; or

(C) Premises;

(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

(5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;

(6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;

(7) By a state, county or municipal judge or any federal judge or any federal or county magistrate;

(8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;

(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; or

(10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and the provisions of this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.

(b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1).

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997, ch. 476, § 3; 1999, ch. 295, § 1; 2003, ch. 144, § 2.]


Now if the gun was in his sleeper...he might could make the argument that it was in his residence. Let us know how it turns out.
 

fishingnut

New member
I carry in Ohio. There is no law against it unless the Company has a policy against it.
There has to be something else we don't know.
 

r6602-mogas

New member
He has had a carry permit for 6 years or so. It was the fact that he was in a big truck that got him detained not the fact that he didn't have a permit.
 

Fallguy

Citizen
He has had a carry permit for 6 years or so. It was the fact that he was in a big truck that got him detained not the fact that he didn't have a permit.

Then that was wrong.

There is no TN or federal law that prevents firearms from being in a commercial vehicle.
 

chikinhammr

New member
I have read the FMCSR (Federal Motor Carrier Safety Regulations) from cover to cover. Though I had to slap myself in the face to stay awake, there is absolutely no prohibition against the carrying of handguns or any other gun. All state laws apply. If the OP's friend had a valid permit, then the officer is simply ignorant of the law. That is hardly surprising.

Companies often blatantly lie about the Federal regs to drivers to discourage them from carrying guns in their trucks. The four companies I have worked for all said it was illegal. Technically, since we operate in states where we probably don't have or can't get the permit they were partially correct. It's easier than explaining the complicated truth to a bunch of jackasses.

The lies the big trucking companies tell their drivers are spread every morning by slack-jawed, dirty sweatpants wearing know-it-all loudmouths at truckstop diners around America!

I'm afraid that if I roll my eyes just one more time listening to one of those retatrds the front of my face will cave in.
 

mrjam2jab

New member
I have read the FMCSR (Federal Motor Carrier Safety Regulations) from cover to cover. Though I had to slap myself in the face to stay awake, there is absolutely no prohibition against the carrying of handguns or any other gun. All state laws apply. If the OP's friend had a valid permit, then the officer is simply ignorant of the law. That is hardly surprising.

Companies often blatantly lie about the Federal regs to drivers to discourage them from carrying guns in their trucks. The four companies I have worked for all said it was illegal. Technically, since we operate in states where we probably don't have or can't get the permit they were partially correct. It's easier than explaining the complicated truth to a bunch of jackasses.

The lies the big trucking companies tell their drivers are spread every morning by slack-jawed, dirty sweatpants wearing know-it-all loudmouths at truckstop diners around America!

I'm afraid that if I roll my eyes just one more time listening to one of those retatrds the front of my face will cave in.

bolded: that is the issue. You could very likely go into a state that your permit is not recognized...and if you happen to be delivering/picking up in that state than FOPA does NOT cover you either since you're not just "passing through"...
 

cidav8r

New member
Commercial vehicles are subject to different rules than personal vehicles.

YOU MAY NOT CARRY A LOADED FIREARM IN A COMMERCIAL VEHICLE. EXCEPTIONS ARE NOT MADE FOR CCW PERMIT HOLDERS.

FMCSA Part 173.54: Forbidden explosives
Unless otherwise provided in this sub-chapter, the following explosives shall not be offered for transportation or transported:
(f): A loaded firearm (except as provided in 49 CFR 1544.219)

49 CFR 1544.219 allows LEOs to carry in aircraft under certain circumstances.

READ IT FOR YOURSELF HERE
 

Fallguy

Citizen
Commercial vehicles are subject to different rules than personal vehicles.

YOU MAY NOT CARRY A LOADED FIREARM IN A COMMERCIAL VEHICLE. EXCEPTIONS ARE NOT MADE FOR CCW PERMIT HOLDERS.

FMCSA Part 173.54: Forbidden explosives
Unless otherwise provided in this sub-chapter, the following explosives shall not be offered for transportation or transported:
(f): A loaded firearm (except as provided in 49 CFR 1544.219)

49 CFR 1544.219 allows LEOs to carry in aircraft under certain circumstances.

READ IT FOR YOURSELF HERE

Interesting....

Is this only in the cargo area, or the cab as well?

If you go back to the main Part 173 Page http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguidedetails.aspx?menukey=173 It appears these Regs have to do with Shippers and what they can and can't ship and how it has to be packaged. Not what a driver can have on his person or in the cab.

I mean of course you can't ship a loaded firearm.
 

quaken3

New member
You may carry a loaded firearm

Commercial vehicles are subject to different rules than personal vehicles.

YOU MAY NOT CARRY A LOADED FIREARM IN A COMMERCIAL VEHICLE. EXCEPTIONS ARE NOT MADE FOR CCW PERMIT HOLDERS.

FMCSA Part 173.54: Forbidden explosives
Unless otherwise provided in this sub-chapter, the following explosives shall not be offered for transportation or transported:
(f): A loaded firearm (except as provided in 49 CFR 1544.219)

49 CFR 1544.219 allows LEOs to carry in aircraft under certain circumstances.

READ IT FOR YOURSELF HERE

Ckeck out the link Link Removed
 

SigControl2A

New member
"loaded firearm"

You say we cant transport a loaded firearm in our trucks, as far as I know (correct me if I'm wrong) but a loaded firearm is when there is a round in the chamber. So your saying as long as there is no "bullet in the barrel" then it is ok to carry a gun in our trucks with a full mag. I know I'm splitting hairs here but that is what any lawyer would do to us. We all have to be extremely accurate with the laws if we are to be carrying firearms at all.
 

Fallguy

Citizen
You say we cant transport a loaded firearm in our trucks, as far as I know (correct me if I'm wrong) but a loaded firearm is when there is a round in the chamber. So your saying as long as there is no "bullet in the barrel" then it is ok to carry a gun in our trucks with a full mag. I know I'm splitting hairs here but that is what any lawyer would do to us. We all have to be extremely accurate with the laws if we are to be carrying firearms at all.

I'm not sure who "you" is above, but it's not me and I think there are enough post showing it is legal.

However...as far as loaded goes and being accurate according to the law. In TN a weapon is considered loaded if the ammo is in "close proximity" to the weapon or you. Doesn't even have to be in the firearm.
 

cidav8r

New member
I stand corrected...

Ckeck out the link Link Removed

OK. That's new to me but I stand corrected. I'm going to ask a DOT officer this week and see what they say to this. They'll probably tear my truck apart looking for my CCW weapon but it's not my truck so who cares. I think I'll wait until I get out of CA though. Maybe WY.
 

Fallguy

Citizen
OK. That's new to me but I stand corrected. I'm going to ask a DOT officer this week and see what they say to this. They'll probably tear my truck apart looking for my CCW weapon but it's not my truck so who cares. I think I'll wait until I get out of CA though. Maybe WY.

LOL...yeah definetly wait until you are out of CA...
 

JimMullinsWVCDL

New member
49 C.F.R. § 173.54(f) prohibits carrying a loaded firearm as cargo; it does not prohibit carrying a loaded firearm in the cab of a truck.
 

cidav8r

New member
Been a while since I posted on this but I spoke with the WY DOT at the POE outside of Evanston and they were surprisingly ignorant of the law with regard to CCW in the truck. They didn't really know. The woman I talked to said she had inquired with regard to this but didn't ever get a clear cut answer. I can't understand how this could be but I wasn't interested in pursuing that point. Considering the letter with the interpretation as noted above, I'm going to carry in the truck.
 

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