Concealed Carry in Fleet Vehicle

[tionico]

if the company which hired you owns the vehicle, itis theirs, and they can (though they shouldn't) say no firearms. If a third party owns the vehicle and leases it to your company, once they lease it it is no longer in their control, they can make no stipulations beyond what is legal. So, it can't be the leasing company if there is one. I think the best course would be to try and find out who makes this decision, and on what grunds..... then present a case for allowing permitted people to carry on duty in compan rigs. Meanwhle, once you start this process, you MUST remain squeaky clean.. in other words, DO NOT carry in that vehicle. You, by pressing, could tick someone off who would then be "gunning" for you, to get rid of you who rock the boat.

As to whether a company can infringe upon your rights.. someone above said the Constitution prevents GOVERNMENT from infringing upon our right to arms... and yes it does. That poster further said it does NOT prohibit non-government from infringing.. and this is not true. That Second Article of Ammendment is not addressed to anyone specific.... nor is it limited as to whom it commands. It simply says "shall not be infrnged", does not specify who may not infringe. It says no one nor nothing can infringe upon that right. End of story. Nor does it specify that only "citizens" have the right to arms... iot says "people" have that right. SO.. strictly speaking, your company is violating the Constitution by infringing upon YOR right to arms.

 

[MikeShevlin]

Carrying A Hand Gun In a Company Vehicle.

Howdy,

If you are a commercial driver (have a CDL, Commercial Drivers Licence) by law, implemented by DOT (Department Of Transportation) you cannot carry a fire arm of any kind in a commercial vehicle. If you are driving on a regular every day drivers licence in your own vehicle it's fine provided you have a permit to carry said fire arm. If your company has bylaws prohibiting you from carrying in their vehicles then that is as far as you can go unless you can get written permission from them stating otherwise. If you cross a state line then you need to check their laws on carrying a fire arm. Some states may be reciprocal with the state you are in. Always check first. Of course as you said you don't have to tell them and you would risk loosing your job, that is a personal choice you have to make. I know what mine would be, (my life is worth more to me than any job). I believe you can get all the states carry laws by going to Concealed Carry - Resources, Maps, Forums, Articles - USA Carry
Also you can visit any states State Police site to get their info. Hope this helps.

 

[KeeperOath]

I'd rather be fired than dead. Ask my family and I bet they'll say the same. At least I hope they will. My little girl is a stinker sometimes. Would you rather have your Daddy for your Birthday Party or a Chocolate Cake? She say Chocolate Cake and then under her breath she'll say (and my Daddy with ice cream).

 

[tionico]

CDL's are issued by states , not the federal DOT. My CDL from Washington State, nor the carry laws in Washingotn, say a thing about firearms in vehicles... except that permitted conceal carry people can carry a loaded handgun concealed on their persons whilst driving.. or loaded and in a case, etc, wherever in the vehicle they want to. I've never seen or heard anything in federal laws prohibiting carry of any firearm in commercial vehicles. I know people who drive longhaul, lower 48, and carry... except in the states that don't recognise the permits they have.... Illinois, New Yersey, New York, California, you know, a few of those nazified tyrannical states that are waiting to finally join the rest of the union. They'd not do it if it was not legal. Ine friend of mine carries an M1 Garand in the cab of his rig.... he's throughly checked, it is legal in every state.
Please provide the citation on which you base your statement that CDL means no guns.... I do not believe that is correct.

 

[HD-kutz]

The company is leasing the vehicle from a 3rd party. In fact my company is extremely CHL friendly, which is why I even have the question. I can carry on the company premises, but I can't carry in the vehicle that gets me there. Sorry I left out that detail.

Unless it is specified in writing in the lease your company makes the rules. I have leased tractor trailers and have never seen that in a lease.

 

[HD-kutz]

CDL's are issued by states , not the federal DOT. My CDL from Washington State, nor the carry laws in Washingotn, say a thing about firearms in vehicles... except that permitted conceal carry people can carry a loaded handgun concealed on their persons whilst driving.. or loaded and in a case, etc, wherever in the vehicle they want to. I've never seen or heard anything in federal laws prohibiting carry of any firearm in commercial vehicles. I know people who drive longhaul, lower 48, and carry... except in the states that don't recognise the permits they have.... Illinois, New Yersey, New York, California, you know, a few of those nazified tyrannical states that are waiting to finally join the rest of the union. They'd not do it if it was not legal. Ine friend of mine carries an M1 Garand in the cab of his rig.... he's throughly checked, it is legal in every state.
Please provide the citation on which you base your statement that CDL means no guns.... I do not believe that is correct.

There is NO federal law restricting a cdl holder but you must meet the requirements of each state you pass through. Most likely you are not protected by "18 U.S. Code § 926A - Interstate transportation of firearms" in some unique jurisdictions.

 

[Rocketgeezer]

You without a firearm in the company vehicle means you can't use it on anyone even if you need to. This satiates insurance companies when you, as an employee representing the company, can't shoot anyone.

If you are in a justifiable shooting, you are the representative of the company that has possibly deep purse strings. The survivors might like to bring those deep pockets to civil court.

If you have no gun, this is never a possibility. If you do have a gun, you were warned and therefore in direct violation of company policy and the lawsuit is negated from their end.

Wolf you hit the nail on the head. nobody wants to open themselves for lawsuit, as long as the company you work for or the vehical leasing company has it down in writeing that you cannot have the gun in the car it basicly absolves them from said lawsuit, so if caught with the gun no matter what the circumstances, you would probably still be fired, but damages from any lawsuit would be on you

 

[walknotinfear]

BluesStringer,

You asked why I would not allow my company to search my POV (privately owned vehicle). Well I am a firearms instructor and also I shoot some times on the way home from work. So there is a very good chance I may or may not have a firearm in my POV. So to answer your question, this is why I would not allow my company to search my POV. I do not carry a weapon onto company property or while I am driving in the company vehicle.

 

[BluesStringer]

If you are a commercial driver (have a CDL, Commercial Drivers Licence) by law, implemented by DOT (Department Of Transportation) you cannot carry a fire arm of any kind in a commercial vehicle.

In a search to look into the answer you gave here I found the following posted at Cornell Legal Information Institute (LII):

18 U.S. Code § 926A - Interstate transportation of firearms

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.

(Emphasis added)

Reading the actual law, it becomes apparent that you can at the very least carry an unloaded firearm and pass through any and all jurisdictions notwithstanding (in spite of) any state laws to the contrary. The overwhelming consensus amongst truckers is that you can carry a fully loaded firearm as long as your permit is good in the state you're traveling through.

The above analysis of the current law concerning keeping or carrying a loaded firearm in a commercial vehicle comport exactly with what my CDL instructor told me when I asked him the same question eight years ago.

Me: Hey Bubba, can I carry my concealed gun while driving truck?

Bubba: F'n A. Hell yeah you can!

He added a little less "colorful" clarification about needing reciprocity between Alabama and whatever state we're traveling through, and you have to research the laws in that state to make sure there "ain't nuthin' squirrely in 'em," but most certainly federal law does not prohibit firearms in commercial vehicles, and company policy will only get you fired if caught. It's not a crime to flout company policy.

I'll admit that the federal law does seem to prohibit loaded firearms in commercial vehicles, but in practice, that's not the way it works. All I can say is that I used my CDL for driving armored transport for the first two out of five years I worked for that company, and the Class B truck that I drove crossed two state lines every single work-day (TN and MS). Never once was our right to be armed questioned by any LE officer, DOT or otherwise, at the scales we stopped at regularly. The only "special" license either myself or the courier in the back of the truck were required to have was our Alabama-issued pistol permits.

Blues

 

[Rocketgeezer]

This thread means different things to different people, but I believe in the end it boils down to carrying your gun or keeping your job, now for most this really depends on the job, if your making 6 figures and have a good history with your company I may be inclined to suck it up and kiss it so to speak, but working in a C-store or delivering pizza, to me anyways, is a entirely different thing and the chances of getting a gun in your face are a lot worse in the store or carting a pizza than in your company car making sales calls...........fortunately I have always worked for gun friendly shops, and while it may be in the handbook saying no guns, the rule is never enforced, but I'm sure if something happened they would go back and say its in the handbook saying no guns

 

[Axeanda45]

Howdy,

If you are a commercial driver (have a CDL, Commercial Drivers Licence) by law, implemented by DOT (Department Of Transportation) you cannot carry a fire arm of any kind in a commercial vehicle.

100% BULLCRAP, piled at least 100 feet high and stinking badly...........

Let me guess, your brother in law told you this? or maybe it was a cop???? lmbo

 

[NavyLCDR]

I'll admit that the federal law does seem to prohibit loaded firearms in commercial vehicles

No, it doesn't. There is no federal law that even seems to prohibit loaded firearms in commercial vehicles. What the law prohibits is transporting loaded firearms in a commercial vehicle AS CARGO - (DOT Hazmat Regulations). There is no federal law prohibiting the driver from carrying his personal firearm loaded in the cab:

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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.

 

[Axeanda45]

No, it doesn't. There is no federal law that even seems to prohibit loaded firearms in commercial vehicles. What the law prohibits is transporting loaded firearms in a commercial vehicle AS CARGO - (DOT Hazmat Regulations). There is no federal law prohibiting the driver from carrying his personal firearm loaded in the cab:

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Actually, firearms ARE LEGAL CARGO in commercial vehicles... How do you think they get from point a to b? They just have to be carried in a way that complies with the regulations...

Edited to add: OOPS... just now saw the "loaded" in your post..... but will leave my post up in case someone else didnt catch "loaded" either...

 

[ss1]

Now this all brings up another question,
If said company denies a legal carry holder to carry in there vehicle, and said carry holder is injured while in said vehicle but could have defended them selves if they were carrying
Could the company be sued for not providing a safe work environment.

 

[Eidolon]

Now this all brings up another question,
If said company denies a legal carry holder to carry in there vehicle, and said carry holder is injured while in said vehicle but could have defended them selves if they were carrying
Could the company be sued for not providing a safe work environment.

In a word No.

 

[Rocketgeezer]

Now this all brings up another question,
If said company denies a legal carry holder to carry in there vehicle, and said carry holder is injured while in said vehicle but could have defended them selves if they were carrying
Could the company be sued for not providing a safe work environment.

If a old lady can sue MsDonalds after spilling hot coffee on herself, and a teenager sue them after he gets fat eating at McDonalds all the time, maybe you could sue the the cars owner or your company, if you got robbed or carjacked, but I think you better wait till you got cash in hand before you spend any, :no:

 

[Ab38off]

It is probably in place due to insurance concerns over you acting as a company representative and not wanting the liability.
You might be able to get written permission if you discuss going into bad areas and NOT having your weapon,the company could be liable for not letting you defend yourself. They may give certain permission that is counter to their general policy to specific individuals.

I wouldn't push too hard, as they have every right to enforce their policy, however stupid it may seem to you, because it is not illegal.

 

[dcselby1]

Why would you want to work there if you will not follow their rules?

 

[ujooisk]

This is the first time I read about such a campaign. Is it still alive? I assume it is an annual event. But I am located rather far from that location. I am in https://areaphonecodes.com/united-states/919. Who can tell me if I can participate online? Maybe in view of pandemic, they allow such an option. What is your opinion? I am ready to send all my developments plus a presentation to t

 

[Kenny54]

Actually they can. If your on there time and in there vehicle you are required to play by there rules. You might not agree with it, but that's the way it is. If you choose to carry while on the job or in there vehicle and they find out, you will probably be fired on the spot.

I hate to be that guy, but learn the difference between their and there.