Seeking info about former firearms laws.

[Nikodaemos]

I am an over the road truck driver that carries anywhere I can legally do so and have never had any issue from any LEO or other government agent, only other drivers belligerently holding to rumors and what "everyone knows". I did lots of research of the legality of carrying in a truck before doing so to ensure I would be legal wherever I went. I had always heard, like many others, that is was ABSOLUTELY illegal to have a gun in a truck, but since nobody was ever able to provide me with the law, I just ignored them and looked up the legal issues on my own.

What I am wondering is, was it ever actually illegal to have a gun in a truck? From what I have been able to glean from previous laws in various states, was that it was illegal to carry a gun across state lines regardless of vehicle and trucks were focused on so heavily due to our highly visible nature. So far, nobody has EVER been able to provide a single instance of state or federal level law prohibiting the carry of a firearm in a truck specifically. I have not gotten into too many states too deeply, do to the ever changing nature of firearm laws and the typically opaque legal language surrounding them, but I have not been able to find anything truck specific so far. Does anyone have documentation, or any other evidence of previous laws, at state or federal level, that dealt with commercial vehicles specifically and the prohibition of firearms being in them? I am not looking for laws that resulted from the inability of transporting across state lines, but laws that came about on their own prohibiting such action.

I appreciate any information about the history that anyone may have available, links to follow or anything else people can provide, but PLEASE!!!! keep the opinions and stories to a minimum. Heh, the trucking industry is beyond saturated with "I heard this once" or "this happened to so-and so" and I am trying to find actual documentation. Like any judge says, I don't care what you say, only what can be proven.

Thanks for your time

 

[Oldgrunt]

You have asked a question that will get a lot of responses but most likely not give you a satisfactory answer. Here is a little something I found trying to help you with an answer but nothing that will definitively answer your question. Too many laws by the states and some can have draconian results. Good luck!

Provided by Truth About Trucking.

Can a CDL truck driver legally carry a gun in the truck? This is a very HOT topic! In my previous article, “CDL Truck Drivers Carrying Guns,” much controversy was created because nothing could be found anywhere showing any Federal Law stating that it was illegal to carry. I have pointed out that there is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so, as well as policies set forth by the motor carrier. I have found the actual Federal Law revealing the insight on this subject, listed below:

"Title 18 Setcion 926(a). The peacable journey law.

TITLE 18–CRIMES AND CRIMINAL PROCEDURE

PART I–CRIMES

CHAPTER 44–FIREARMS

Sec. 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."

OK…now that we have the Federal Law on this matter, what does it mean? I would say that you could give this to 50 attorneys, and all 50 would interpret it differently! I believe what it is saying, is what I originally wrote in my previous articles….a CDL driver may carry a gun in the truck with him or her, PROVIDING that it does not violate any other STATE law, in which the driver will be passing through. Thus my point again…city, county and state laws may be the prevention for CDL truck drivers to carry guns…

Help me out drivers….what do you think?


CDL Federal Gun Law - Ask The Trucker

Can you carry a gun in a commercial vehicle?

Truckers Support 'Mike's Law' Federal Right to Carry for Interstate Drivers - The Truth About Guns

https://driversalike.wordpress.com/2011/04/15/truckers-can-carry-a-gun/

https://cdllife.com/2012/resources/gun-warning-for-truck-drivers/

 

[BluesStringer]

I used to drive OTR, and I found nothing in the law confusing or ambiguous. I could carry according to the state I was in if, and only if, my home state had a reciprocity agreement with the state I was in, or the more rare instance of me being a constitutional carry state that the law didn't limit only to residents of that state.

It "used to be" illegal to carry in a lot of states, so yeah, it "used to be" more common that a trucker couldn't carry in any state other than his home state.

In short, there is nothing in DOT regs or federal law prohibiting truckers from carrying, and never has been that I'm aware of. The law treats truckers in each state just exactly like it treats cage drivers. Carry if you have reciprocity, don't if you don't. FOPA is the law that establishes that you can legally transport through states that you don't have reciprocity with, and as far as I know, NY City is the only place in the country that gets away with exempting itself from FOPA. You will get arrested there for possession/transport if you stop and are found out to have a weapon, no matter how it's stored and/or secured. Horror stories abound for that Hell-hole. It was the one destination that I turned down if my dispatcher tried to send me there. I made up for it by taking anything and everything else, even if it was a crap trip. A man's got to know his limitations, as the saying goes....

Blues

 

[corneileous]

Back when I began my adventure as an over-the-road truck driver, I had always heard that myself, that carrying guns in commercial motor vehicles was forbidden as well, even being told that if you had a carry permit, that it had no recognition in a federally mandated vehicle. Matter of fact, I think I even heard something similar as that from the company I hired on with who put us through our classroom and training to become truck drivers.

I don't have any cites or links to prove it but to my knowledge, a CMV is considered as no different from your own personal vehicle except for that if you drive as a company driver, the company you work for who owns the truck may have a "no guns" policy which could lead to termination if they find out you have one in the truck.

The guy I work for currently who owns the truck I drive could care less about me carrying in his truck. Matter of fact, I think he kinda appreciates that I do.

And yes, I have been pulled over several times while carrying and driving my big truck and pretty much the only thing I ever get told after showing the officer my permit is, as long as I don't reach for mine, he won't reach for his...lol. Even had one officer said that he was glad I was carrying one and thought every trucker should.