Carrying in a commercial vehicle question


I dont think it was the legal arm of the law. A lot of product that is carried in the semi trailor has laws that dont allow you to carry a handgun as well as a lot of pick up and delivery spots wont allow you on there premises if you have a gun in your truck and also certain companies you are driving a load for dont allow handguns to be in your truck or on person. I drove for several years and for a lot of companies and these were there rules. So he might of been at the wrong place at the time or hauling a certain type of product and DOT gets involved.
 

In N.C. I asked a DMV officer (truck cop) what the law was and he said it is no different than a car. I have been stopped a couple times while carrying and no problems. Remember in N.C. the firearm has to be in plain sight--in S.C. it has to be in a dash pocket or console--preferably locked if possible.
 
A lot of product that is carried in the semi trailor has laws that dont allow you to carry a handgun *snip* or hauling a certain type of product and DOT gets involved.
100% WRONG Statements here, period.....Next time please try to have some FACTS before you post.....
 
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

True, true, but:
According to:

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

In a letter dated, August 24th, 2006 – it reads as follows:

"This responds to your letter regarding the applicability of the Hazardous Materials Regulation (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."​
 
Son of promise your link no longer exists,suspect removed due to above mentioned letter.
Subject to local or state jursidiction.
 
I drove trucks 30 years and it's a Federal guideline no guns in trucks, Every truck driver knows this is a very firm law, carry permit does not matter no guns!!!
Now I'm not saying it's never done , matter of fact lots probably have one but if you get caught it's gonna be your butt. I'm talking interstate driving not intrastate if you cross state lines it's interstate regulations which means no guns

take above post with a big grain of salt they must never have driven I logged 3 million miles
 
I drove trucks 30 years and it's a Federal guideline no guns in trucks, Every truck driver knows this is a very firm law, carry permit does not matter no guns!!!
Now I'm not saying it's never done , matter of fact lots probably have one but if you get caught it's gonna be your butt. I'm talking interstate driving not intrastate if you cross state lines it's interstate regulations which means no guns

take above post with a big grain of salt they must never have driven I logged 3 million miles

Then you will be able to provide a source for the bovine feces that you posted? Show us where this "Federal guideline" exists for no guns in trucks, other than in your imagination. I challenge you to prove it. Just because you were told 30 years ago "no guns in trucks" and you believed it for 30 years does not mean it is true.
 
Then you will be able to provide a source for the bovine feces that you posted? Show us where this "Federal guideline" exists for no guns in trucks, other than in your imagination. I challenge you to prove it. Just because you were told 30 years ago "no guns in trucks" and you believed it for 30 years does not mean it is true.

What the heck do you think you are posting "bovine feces " you don't have somthing good to say little boy keep your mouth shut
I don't need to prove anything to a stupid punk posting this garbage on this forum, you can't help someone out or have somthing good to say
keep your stupid little mouth shut! Boy
The mod. here should throw your butt off this forum
 
What the heck do you think you are posting "bovine feces " you don't have somthing good to say little boy keep your mouth shut
I don't need to prove anything to a stupid punk posting this garbage on this forum, you can't help someone out or have somthing good to say
keep your stupid little mouth shut! Boy
The mod. here should throw your butt off this forum

Translated, that means "I got nothing."

For those that are interested in the facts from the US Department of Transportation, rather than snowman with anger issue's opinion:

Link Removed

"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 drove trucks 30 years and it's a Federal guideline no guns in trucks, Every truck driver knows this is a very firm law, carry permit does not matter no guns!!!
Now I'm not saying it's never done , matter of fact lots probably have one but if you get caught it's gonna be your butt. I'm talking interstate driving not intrastate if you cross state lines it's interstate regulations which means no guns

take above post with a big grain of salt they must never have driven I logged 3 million miles

This link is from dot's web site

Link Removed
 
It has been and still is to some degree it appears a common misconception that carry in a commercial vehicle is illegal. There is simply no Federal Law or Federal Regulation that prevents carry in a commercial vehicle. As with most negatives, I can't post a link that says it's lawful, but I challenge anyone to post a link to a law or regulation that says it's unlawful.

You can check Question 14 here if you like http://www.handgunlaw.us/documents/FAQ.pdf
 
but I challenge anyone to post a link to a law or regulation that says it's unlawful.

UHOH.... better be careful.... snowman, for one, doesn't like challenges!

cart.jpg
 
Okay, I'm going to just jump in here and get my feet wet. I have been under the assumption (because I think I read it somewhere) that a law in the US Code says that if you transport a legally owned firearm in a vehicle across a state line, that it has to be unloaded and in a separate compartment from the driver or any passengers, and separate from the bullets, also. Now I can't find the US Code... 18 something??? I was taught something about this stupid regulation when I took my CHL classes. Anyone know about it?

Edit: I found it. Does this apply?
-CITE-
18 USC Sec. 926A 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
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.
 
Okay, I'm going to just jump in here and get my feet wet. I have been under the assumption (because I think I read it somewhere) that a law in the US Code says that if you transport a legally owned firearm in a vehicle across a state line, that it has to be unloaded and in a separate compartment from the driver or any passengers, and separate from the bullets, also. Now I can't find the US Code... 18 something??? I was taught something about this stupid regulation when I took my CHL classes. Anyone know about it?

18 USC 926A, Firearms Owners Protection Act (FOPA):
18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

When you are traveling interstate carrying a firearm, you basically have two choices. You can either abide by the state law of each state as you enter that state. Most of the time, especially if your permit/license to carry is recognized by that state, abiding by state law is not a problem, you just leave the gun in the holster on your body and don't have to fiddle with anything. The other choice, if the state law you are passing through does not allow you to carry and/or possess your firearm, is to comply with FOPA. FOPA does not contain any requirements to cross state lines with firearms. FOPA provides you with an option, that if you choose to abide by, is supposed to protect you from state laws when you pass through that state. Let's say you have a standard AR-15 which would be illegal to possess in California without modification. If you are traveling from Nevada to Oregon, and you pass through California, you can have that AR-15 illegal to possess in California, in a compartment or locked case separated from the occupants of the vehicle. California can still prosecute you for possessing the AR-15 illegal in California, but if you complied with FOPA, you can appeal the conviction to a Federal court which will overturn the state's conviction.

Again, though... FOPA contains no requirements for crossing state lines. It provides an OPTIONAL method of transporting your firearms, that if you choose to comply with is supposed to protect you from restrictive state laws when you pass through a restrictive state. Also, to comply with FOPA, the firearm does not need to be separated from the ammunition. Both the firearm and the ammunition must be separated from the occupants of the vehicle, but both the firearm and ammunition can be in the same exterior compartment or locked case together.
 
It as NavyLCDR says, If you can legally carry by state law in the state you are travelling through, then you can have it loaded. If you can not legally carry in that state, you can still transport the firearm, per 18 USC § 926A as long as you transport in the manner it mentions.
 
It as NavyLCDR says, If you can legally carry by state law in the state you are travelling through, then you can have it loaded. If you can not legally carry in that state, you can still transport the firearm, per 18 USC § 926A as long as you transport in the manner it mentions.

And that applies equally to private transportation and commercial vehicles!
 
That makes better sense to me. Thanks, Navy. It's a shame that we have all these illegal regulations that we are required to adhere to. If they can't screw you one way, they'll screw you in another. Hopefully, Texas will soon nullify and make void all federal firearms regulations.
 
Hopefully, Texas will soon nullify and make void all federal firearms regulations.

I would rather see Texas do away with their own requirement to pay the government for permission in order to carry a firearm in public for self defense.
 
I drove trucks 30 years and it's a Federal guideline no guns in trucks, Every truck driver knows this is a very firm law, carry permit does not matter no guns!!!
Now I'm not saying it's never done , matter of fact lots probably have one but if you get caught it's gonna be your butt. I'm talking interstate driving not intrastate if you cross state lines it's interstate regulations which means no guns

take above post with a big grain of salt they must never have driven I logged 3 million miles

If you insist on your position, you have been misinformed for 30 years, the only thing I could come up with is if you were a hired driver and your company did not allow guns, but if not or you were a owner/operator your good to go
 

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