Handguns in Commercial Vehicles

[Drzzit]

Was wondering if anyone here knows if it is legal to carry Your handgun in a truck? Read some other forums and seen some answers, but they were from 1-3 years ago. I drive a truck for a major company and though I cannot carry for them, I would like some feedback on this subject. For in the future, I could be driving for another company or even My own authority.

 

[mississippi21]

There is no federal law saying that you cant. I drive truck just have to aware of state laws where you travel.

 

[CharonPDX]

Obviously, if the company forbids it, and they own the truck, you have your answer.

If the company is silent on the issue (or you work for yourself,) then it varies from state to state. See the various state laws. Here in Oregon, there is no difference between a commercial vehicle and a private vehicle as it concerns carrying a handgun. Open carry is okay in most of the state, prohibited in a few cities; concealed carry is okay in a vehicle anywhere if you have an Oregon CHL.

 

[1jeffkatt]

Well I know some County workers ( Indiana ) that carry. Which I would out there on county road and at night also.

 

[cmj0968]

If it's your truck and business then certainly but if your an employee then they can set the rules. Probably a liability thing for a company. Most companies will tell you no but if your an owner / op then it's your business. As always, check local laws...

 

[birdman46g]

If you drive a comercial vehicle and have a CDL you better read the book..After 33 years behind the wheel i have never known it to be legal to carry a gun.I have been retired for 4 years now but i doubt the rules have changed..I was a owner operater for 14 years and i still worried some at the scales with a DOT check.JMO Its not a state issue its federal rules.

 

[Keykutter]

Yeah, that's what I've always heard from my CDL friends. Get caught with a gun in your truck and there is hell to be paid.

KK

 

[NavyLCDR]

If you drive a comercial vehicle and have a CDL you better read the book..After 33 years behind the wheel i have never known it to be legal to carry a gun.I have been retired for 4 years now but i doubt the rules have changed..I was a owner operater for 14 years and i still worried some at the scales with a DOT check.JMO Its not a state issue its federal rules.

You've been mistaken for 33 years and 4 years of retirement. There is NO FEDERAL PROHIBITION ON FIREARMS IN COMMERCIAL VEHICLES carried by the driver for self protection.

In order for the action to be illegal, there must be a statute or regulation prohibiting it. Please produce the regulation or statute that prohibits it. You can't, because it does not exist.

The regulation prohibits loaded firearms from being transported as cargo.

 

[NavyLCDR]

Both the US Department of Transportation Pipeline and Hazardous Materials Safety Administration and the Federal Motor Carrier Safety Administration agree that there is no Federal law that prohibits a driver from carrying a loaded firearm in the cab for self protection in accordance with state laws. I would not hesitate to take their word for it....

Link Removed

This responds to your letter regarding the applicability of the Hazardous Materials Regulations (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.

Here is even a copy of the signed letter to print out and carry in your truck, next to your gun:
Link Removed

 

[NavyLCDR]

Yeah, that's what I've always heard from my CDL friends. Get caught with a gun in your truck and there is hell to be paid.

KK

Might want to educate your CDL friends. I would suggest giving them a copy of the letter. Although some people do prefer to hold on to their personal opinions rather than be educated with the truth.

 

[Keykutter]

I just called one of them and they said the port restricts it so that is the reason they don't. That is probably the reason for all of them. If your in Charleston, your probably going through the port gates.

KK

 

[unclewayne17]

If you are a long haul driver then you might say it is your home. Check your little DOT book, also if you go through a commie state like Illinois you will be in trouble even more in Chicago.

 

[Keykutter]

I just looked at the State Ports Authority Drivers Awareness Policy and it clearly states that firearms are restricted from the SPA property. So that explains why they don't around here.

KK

 

[NavyLCDR]

I just called one of them and they said the port restricts it so that is the reason they don't. That is probably the reason for all of them. If your in Charleston, your probably going through the port gates.

KK

And, I suppose they did not say it was illegal....only there would be hell to pay. I've been told that about open carry, though.

 

[Keykutter]

You really are a schmuck! Yes, getting caught with a gun going thru the port gates is illegal and in other words, there would be hell to pay.

You just don't quit do you?

KK

 

[NavyLCDR]

So it's illegal to carry a gun through the South Carolina Ports Authority gates..... who the hell cares if you aren't going to the port? If I was driving a truck in Alaska, I wouldn't care a rat's butt what the rules are for a South Carolina port!

I would be more concerned about having the loaded gun within 1000' of any school in a state that I did not possess a carry permit for.

 

[Keykutter]

Funny thing. My friends live in SC. Charleston area to be exact. Same area I live in. Imagine that.

My statement was, 'my CDL friends'. If you're a truck driver in the Charleston area, you are 90% sure you are doing port work or going to and from the SPA properties around the state, of which there are many.

Am I not allowed to enter a thread you have graced with your all knowing presence? Tough!

Can you not finish any thread without trying to prove your balls are bigger than everyone else's?

KK

 

[NavyLCDR]

Funny thing. My friends live in SC. Charleston area to be exact. Same area I live in. Imagine that.

My statement was, 'my CDL friends'. If you're a truck driver in the Charleston area, you are 90% sure you are doing port work or going to and from the SPA properties around the state, of which there are many.

Am I not allowed to enter a thread you have graced with your all knowing presence? Tough!

Can you not finish any thread without trying to prove your balls are bigger than everyone else's?

KK

Fine. I concede. I was wrong. It IS illegal to carry a gun in your truck.... if you are going onto SPA properties in South Carolina.