Carrying in a commercial vehicle

[john.f.orrjr]

As a certified LEO am I allowed to carry my sidearm in a commercial vehicle?


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[NavyLCDR]

As a certified LEO am I allowed to carry my sidearm in a commercial vehicle?


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As a certified LEO shouldn't you know the laws more than us or where to find them? Being a certified LEO has little to do with it. Depends on what state law and LEO safety act states. There is no Federal prohibition against carrying a firearm specifically because it is a commercial vehicle.

 

[Road Toad]

It has bee a while since I read it, but I seem to remember something in the FMCSR that did prohibit carrying in a CMV. Navy LCDR, FMCSR are not at all like city, state, county law. A regular cop knows nothing about the FMCSRs. They are a very specialized field.

 

[NavyLCDR]

It has bee a while since I read it, but I seem to remember something in the FMCSR that did prohibit carrying in a CMV. Navy LCDR, FMCSR are not at all like city, state, county law. A regular cop knows nothing about the FMCSRs. They are a very specialized field.

Your memory is flawed, Road Toad.

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US Dept. of Transportation, Pipeline and Hazardous Materials Safety Division:

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.

 

[Road Toad]

You are correct here. And I stand corrected, As I said, it has been a while since this subject was discussed on another forum I used to frequent. Be advised, the question you quoted was based on the HMR, which are part of the FMCSR. In that scenario, the weapon and the ammo would not fall under HMR, however, it could fall under another section in the FMCSR, but it doesn't in this case.

 

[NavyLCDR]

You are correct here. And I stand corrected, As I said, it has been a while since this subject was discussed on another forum I used to frequent. Be advised, the question you quoted was based on the HMR, which are part of the FMCSR. In that scenario, the weapon and the ammo would not fall under HMR, however, it could fall under another section in the FMCSR, but it doesn't in this case.

Many commercial truck drivers will swear on a stack of Bibles that it is prohibited, but none can ever post any regulation that prohibits it.

 

[Road Toad]

Very true. You should hear some of the "regulations" drivers will swear are true. It gets real comical at times.

 

[bowserb]

About once every three months, someone asks Tom Gresham about carrying in a commercial vehicle. Always the same answer: same as the local laws pertaining to carry in any vehicle. Only difference is if the trucking company prohibits drivers from carrying.

 

[wolf_fire]

I love it when level-headed people debate. It makes reading the forum posts much less anxious. Thanks Navy (as always for providing good information) and thanks Road Toad for acknowledging good information and standing down politely when corrected in a polite tone. :smile:

 

[NavyLCDR]

I love it when level-headed people debate. It makes reading the forum posts much less anxious. Thanks Navy (as always for providing good information) and thanks Road Toad for acknowledging good information and standing down politely when corrected in a polite tone. :smile:

My initial reply to Road Toad could have been more polite. I apologize for my "your memory is flawed" comment, that was probably unneeded. (I can never spell unnecessary...).

 

[Road Toad]

Your comment could have been a lot harsher. LOL Didn't offend me at all. You were right, I was wrong, we move on. No need for animosity. BTW, thank you for your service Sir.

 

[highwaybum]

I think it is up to the trucking company if they allow weapons on board.my company does not.

 

[NavyLCDR]

I think it is up to the trucking company if they allow weapons on board.my company does not.

What a company allows or prohibits as a matter of policy or employment conditions is a completely separate discussion than what is allowed by law. A company can prohibit fireams possession either on their property or while getting paid on their time as a condition of employment and the only thing that can happen to you if you possess a firearm anyway is you get fired. (Except if few states where possession of a firearm on properly posted "no guns" premises could be a violation of a law.)

 

[john.f.orrjr]

Thats correct.


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