Can Commercial Truck Drivers Carry?

This is a discussion on Can Commercial Truck Drivers Carry? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by mrjam2jab That is a huge issue. Passing thru FOPA will cover you...but if you have to deliver in one of these states ...

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Thread: Can Commercial Truck Drivers Carry?

  1. #16
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    Quote Originally Posted by mrjam2jab View Post
    That is a huge issue. Passing thru FOPA will cover you...but if you have to deliver in one of these states FOPA no longer applies as that state IS the destination for that trip.
    I believe FOPA would cover that as well, since the state is not the final destination, unless, of course one sticks around for an extended period of time. Even then, having to remain unexpectedly while passing through for breakdowns and repairs would be arguably legal, as well.

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  3. #17
    Senior Member Array GreyGhost's Avatar
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    Fuel haulers and some Hazmat classes are forbidden by Federal law to have a firearm. Also you have to watch out if you go into a port to either pick up or deliver. A few years ago, 2 or 3, it became illegal to bring a firearm and a whole bunch of other weapons into a port. You used to be able to bring your weapon to the port. Guard at gate would hold it for you and give it back when you leave. Now they just hold you!
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  4. #18
    VIP Member Array SIGguy229's Avatar
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    For the benefit of all, can you cite the relevant Fed law that prohibits weapons for HAZMAT and fuel haulers?
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  5. #19
    VIP Member Array Sticks's Avatar
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    I got the same speech from our safety director at work about "Against Federal Law..." but can find nothing in the DOT book on firearms or weapons of any sort. I have also heard the "Hazmat is illegal to have a firearm [which makes absolutely no sense, especially in this day and age]" and still can not find one Federal statute citing it.

    Federal transportation of firearms laws apply when your permit to carry is not honored or recognized.

    The only sticky point I could think of is if you actually hit a Federal DOT port (federal property & building and all), and I don't even know if they exist other than Customs, and even then...

    So, like the rest of you, when I see someone actually cite a Federal regulation, or statute, I will continue with my business as usual.
    Sticks

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  6. #20
    Senior Member Array Gary Slider's Avatar
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    There is not one federal law against carrying a firearm in a commercial vehicle. There are federal laws on carrying on federal property. IF you are going into a Port/Military Base or making a delivery to some Federal Facility there are most likely laws about possessing a firearm on their property. But to drive down the roads in the USA in a commercial vehicle there is no federal law or Federal Regulation from any agency that states you can't have your personnel firearm on you or in your vehicle. You have to go by the laws of the state you are in. Again if you are going on any federal property then there may be Laws/Regulations on having a firearm on that federal property.

    Below is a letter from the Federal of Office of Hazardous Materials Standards. Many Companies are still stating there is a federal law about carrying in your commercial vehicle. There is no such Federal Law. IF you are going into NY, Mass or NJ do not carry a firearm in your commercial vehicle. You can pass through these states if you only stop to eat and to fuel but if you stop for the night you are breaking their law. Here is the Federal Law on transporting firearms in any vehicle.

    TITLE 18 > PART I > CHAPTER 44 > 926A

    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.


    Then we have the letter from Office of Hazardous Materials Standards

    PHMSA Interpretation #06-0165
    Aug 24, 2006
    PHMSA Response Letter
    Aug 24, 2006
    Mr. Richard B. Loden Reference No. 06-0165
    3959 Chestnut Avenue
    Concord, CA 94519
    Dear Mr. Loden:
    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.
    I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
    Sincerely,
    Hattie L. Mitchell
    Chief, Regulatory Review and Reinvention
    Office of Hazardous Materials Standards
    173.54(f)
    Stay Safe,
    Gary Slider

    Co-Owner Handgunlaw.us

    Member Armed Citizens Legal Defense Network

  7. #21
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    Lots of places to "lose" things in a semi,as far as federal property not a good idea to carry there,as far as restrictive states unless theres a law that says they can search the cab without PC I'd tell em to go somewhere that starts with H
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  8. #22
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    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^

    And that, ladies and gentlemen, puts an end to the discussion.

    Thank you Gary.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
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    See also Sheep

  9. #23
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    Quote Originally Posted by Sticks View Post
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^

    And that, ladies and gentlemen, puts an end to the discussion.

    Thank you Gary.
    Sorry, Sticks, but I'm not quite done talking. Gary, you are saying that New York, New Jersey, and Massachusetts will charge anyone who for whatever reason (breakdown, 10/14 hour rule, etc.) has to remain more than briefly?

  10. #24
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    Quote Originally Posted by Mike1956 View Post
    Sorry, Sticks, but I'm not quite done talking. Gary, you are saying that New York, New Jersey, and Massachusetts will charge anyone who for whatever reason (breakdown, 10/14 hour rule, etc.) has to remain more than briefly?
    It has happened before...with people who have been transiting the airports...(non-CDL-related travel).
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  11. #25
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    Quote Originally Posted by SIGguy229 View Post
    It has happened before...with people who have been transiting the airports...(non-CDL-related travel).
    I'm sure it has, but I am specifically interested in the law as it applies to commercial drivers who are either delivering or picking up, or traveling through those states.

  12. #26
    VIP Member Array Sticks's Avatar
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    That is where you fall into the State's laws on firearms that you are trapped in.

    Flight diverted, DO NOT CLAIM BAGGAGE!

    Vehicle breakdown, either hope for the best, or get a cab/rental car out of the state. Possible but I doubt that the writers of those laws took travelers into consideration and made allowances for unforeseen delays or circumstances.

    This is why I will not travel to or through an anti state.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

  13. #27
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    Quote Originally Posted by Sticks View Post
    That is where you fall into the State's laws on firearms that you are trapped in.

    Flight diverted, DO NOT CLAIM BAGGAGE!

    Vehicle breakdown, either hope for the best, or get a cab/rental car out of the state. Possible but I doubt that the writers of those laws took travelers into consideration and made allowances for unforeseen delays or circumstances.

    This is why I will not travel to or through an anti state.
    Even though I am an owner/operator who books my own loads and destinations, it is sometimes impossible to get there from here without going through, for instance, Illinois or New York. I'm sure others are in the same boat. That is why we need accurate information regarding the legalities therein. Sadly, such accurate information is often hard to come by.

  14. #28
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    In my experience, those who should be "in the know" generally don't. I'm a firm beliver in looking up the statutes myself.

    In FL, anyone 18 or over and not legally prohibited from possessing a fire arm (felons, etc.) can conceal a loaded firearm inside their private conveyence. It makes no distinction for "commercial truckers"; however, than the truck may not be a "private conveyence." Maybe if the driver is the owner, but... My suspicion is that many do and keep their mouths shut about it.
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  15. #29
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    Quote Originally Posted by OldVet View Post
    In my experience, those who should be "in the know" generally don't. I'm a firm beliver in looking up the statutes myself.

    In FL, anyone 18 or over and not legally prohibited from possessing a fire arm (felons, etc.) can conceal a loaded firearm inside their private conveyence. It makes no distinction for "commercial truckers"; however, than the truck may not be a "private conveyence." Maybe if the driver is the owner, but... My suspicion is that many do and keep their mouths shut about it.
    I try not to generalize. When I need concise, accurate information I ask experts (Experts are the ones who can cite their sources). I don't know any New York or New Jersey gun lawyers, so I have to go with what I have. Gary, for example was quite informative on this thread.

  16. #30
    Senior Member Array Gary Slider's Avatar
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    New York, New Jersey and Mass have some strange laws. Now if you are traveling through these states as federal law states you have to be legal where you came from and legal where you are heading. If the law states that then you just about have to tell them where you are heading. But that aside. When talking about NY, Mass and NJ I am assuming you don't have a valid permit to carry in that state and your firearm is not registered in one of those states and it is unloaded and secured like the Federal Law States.

    In New York it is against the law to have an unregistered handgun in the state. If you are traveling through and only stopping for gas and food then no problem. But stop at a motel or stop your rig and sleep now your trip is interrupted. You are no longer traveling so the federal law does not apply. Just happened in NY with a guy whose airplane got diverted and he had to spend a night in NY. So now you can be charged under NY law for having an unregistered firearm in the state. Mass is about the same thing. Thing is their law states Mandatory One year in Jail. NY is about the same. You can travel through the states if you don't stop but once you stop you are no longer protected by the federal law and you fall under state law.

    The Federal Law only protects you when you are traveling. Yes you can stop to eat or fuel up but stop for the night or visit a State Park or a Museum and you have interrupted your trip and no longer fall under the federal Law but now the state laws can be applied. Here is the federal law on traveling with firearms:

    TITLE 18 > PART I > CHAPTER 44 > 926A

    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.
    Stay Safe,
    Gary Slider

    Co-Owner Handgunlaw.us

    Member Armed Citizens Legal Defense Network

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