CDL Drivers and CCW

[johnnyreb]

Just wondering who has had LEO contacts while carrying and driving Heavy Trucks ...

My encounters in Ohio always seem to go the same with the portable scale crew.
"are you armed now?"
"where is it located?"
"unload it, make it safe and leave it w/ammo on the seat and go stand in front of my cruiser so I can take possession of it till we're done"

After being weighed and fined (if overweight) my firearm w/ ammo is returned and I'm off about my business ...

 

[Axeanda45]

Wow,
I live in OH and meet your other 2 requirements, CDL and CCW :biggrin:

I have never been asked to disarm in OH, or any other state, besides being advised not to bring weapon into the scalehouse per State law ...and have had a dozen or so encounters with police/DOT since getting CCW...

Well, I did get disarmed at gunpoint once, but that was under different circumstances, lol

Maybe I "look" safe/trustworthy/harmless? Man, I gotta go on a diet or sumfin......

 

[DefensiveImpact]

Well in Texas it's been no big deal I received a Over wight ticket and we talked about sigs and 1911's while I waited for my tick in the front seat of his Tahoe.

 

[tionico]

some states, Ohio and Alaska amongst them, give specific attention to the option of the LEO to temporarily confiscate any weapons, AND state in no uncertain terms it MUST be returned as found, complete, at the end of the "contact". I believe it is discretionary in Ohio, so I'd guess it depends on the officer in question, his mood, where it is (some areas do NOT embrace their relatively new SHALL ISSUE laws, and are fighting them....) etc.

 

[jniles]

At one time interstate haulers could not have weapons on board. Has the federal law changed with the advent of CCW laws in most states? Just curious and happy to see some big rigs are now able to defend themselves.

 

[Axeanda45]

At one time interstate haulers could not have weapons on board. Has the federal law changed with the advent of CCW laws in most states? Just curious and happy to see some big rigs are now able to defend themselves.

I believe you are mistaken on this issue, it never was illegal for truck drivers to have a weapon. In other words, there never was a Federal restriction of firearms in commercial vehicles. (ok, I am not 100% sure, maybe more like 99.9%)

Lots of trucking companies however, have always been anti gun, and do not allow it....

 

[Deadeyemagnum]

I must be too far out of the loop. When I began driving acrtoss country, I was told that it was illegal for a CDL driver to carry a firearm. I gave up driving until about five years ago, when I got my class B instead of an A, and was told the same thing- no guns in the truck. Has that law changed since then? The issue has never come up since then because I've been driving concrete truck or dump truck, both local, and no one I work with has a CWL.

 

[johnnyreb]

Axeanda45: love the avatar :wink:

Tionico: in Ohio ...

If the CCW licensee surrenders the firearm, then the following applies:
• If the firearm is not returned at the completion of the stop, the law enforcement ofcer is required to return the firearm in “ the condition it was in when it was seized.”
• If a court orders the firearm’s return and the firearm has not been returned to the licensee, the CCW licensee can claim reasonable costs and attorney fees for the loss and the cost of claiming the firearm.



Jniles: and Deadeyemagnum:

It was removed from the FMCSR a few years ago. The only thing i've ever found in it since has been a prohibition of carrying a loaded firearm in the cargo compartment. Seems like a good place to stash one if you were to ask me ...

 

[Axeanda45]

wow, that .1% bit me..........I just know that since I started driving in '01 (CDL) it has not been illegal.... to the best of my knowledge/your mileage may vary/ianal/continue at your own risk/dont quote me on this, well, you get the idea, lol

 

[Bob & Wife]

I don't believe it matters if your on a bike , in a car, or on a boat or an eighteen wheeler. THE LAW IS THE LAW IN THAT STATE, PERIOD! It makes no differece if your carrying IF you have that right IN THAT STATE. Some states reseprocate some do not and five have CONSTITUTIONAL CARRY, started by VERMONT, which states that are fore fathers got it right the first time with the second ammendment WE HAVE THE RIGHT TO BARE ARMS, PERIOD! Vermonter's do NOT need A PERMISSION SLIP from the local, state OR FEDERAL governments to have use or possess a gun. I believe they allow any law-a-bidding person from OTHER states to also while in Vermont to have a firearm on them. Pesonnel, I want to move to Vermont but their winters are soooo cold.

 

[jniles]

Sorry Bob and Wife, Think again. The fact still remains that interstate drivers are regulated by the Interstate Commerce Commission or whatever bureaucracy that has jurisdiction today. It's a federal thing like FAA and all the airplanes in the US including all those airline aircraft. They are regulated not by the States they fly over or drive through but by the nasty old bureaucrats of the DOT. Of course they have to follow local laws on top of all that. But the minute you cross state lines for a living in a truck you engage in interstate commerce and you march to a different drummer. But it is nice to hear the guys on the road are no longer at the mercy of thugs unless they choose it, at least in some states. But it must be a real task to obtain all of the state licenses for those that don't recognize yours. Bummer! Perhaps one could rent a PO Box at the border towns and store your pistol in it while passing states that don't cooperate till you pass that way again on the way back. (joke)

 

[Eagle2009]

The Federal Gun Free School Zones Act of 1995 makes it a federal felony for any armed person to drive within 1000 feet of the property line of any K-12 school in the nation, unless they have a carry permit physically issued by the State in which the school is located. Unfortunately, the Fed GFSZA95 does not recognize reciprocity agreements. Although this law effects everyone in the nation, it is especially important to truck drivers due to the logistical nightmare involved in obtaining a permit from every State they travel through. Anyone convicted of violating the Fed GFSZA95 faces up to 5 years in federal prison, and will lose their right to own a firearm for the rest of their life. In addition, CDL drivers will likely face other consequences that result from a criminal conviction.


http://www.usacarry.com/forums/poli...ently-banned-under-federal-law-important.html

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