Question: firearm in a commercial vehicle

Question: firearm in a commercial vehicle

This is a discussion on Question: firearm in a commercial vehicle within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My son in law, a truck driver, has asked the question: I hold a Florida concealed weapons permit; can I carry a firearm while driving ...

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Thread: Question: firearm in a commercial vehicle

  1. #1
    New Member Array gyro jock's Avatar
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    Question: firearm in a commercial vehicle

    My son in law, a truck driver, has asked the question: I hold a Florida concealed weapons permit; can I carry a firearm while driving a company owned 16 wheeler in Florida or in states that have reciprocal concealed carry rights?

    Several months ago, a driver for his company was shot and killed while walking through the company’s yard at night.


  2. #2
    Member Array Mr_D's Avatar
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    Yes, you can as long as the company that owns the vehicle does not forbid it.

    Mr_D

  3. #3
    Ex Member Array Ram Rod's Avatar
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    OTR truck drivers are not only at the mercy of the company they work for, but they have to abide by DOT (federal) regulations.
    This is a quote from a website:
    Unless things have changes in the last year or so, there's no Fed rule stopping you from carrying a gun in the truck.

    That said, you are still at the mercy of every state & local cop who's jurisdiction you pass thru.

    There are CCW permits available from certain states that will allow you to carry in those states plus the one's having reciprocity with those states.

    I would give the NRA a call as they would know who has reciprocity with whom.

    Then there's the other side of the coin, carrying UNconcealed. This means the gun is in a closed container or bag & the container is in plain sight. Some places provide that there's a minimum of 3 physical movements for the driver to reach & arm the weapon.

    So, If you were to place the gun in a cigar box on the front seat, this should satisfy the closed container & the in plain sight issue. You can afix a ice cream stick to the lid as a means of quickly opening the box. Then, you can leave the mag partially out & the safety on. This should cover the 3 step procedure for accessing the gun. Reaching for the box & opening it =1, grabbing the gun out of the box & pushing the mag in all the way=2, releasing the safety=3. In the case of a sinlge action type, pulling the hammer back might count as one of the steps.

    The last is based on what I've read of several jurisdiction's responses to carrying a gun without a CCW. It is not representative of all municipalities.

    The bottom line is that you are taking your chances with the cop who stops you. If he/she's the "wrong kind" of cop, it could easily be your butt. If he/she's the traditional & non-rookie type, you'll be ok. There's no guarantee in this especially if you give the cop a hard time about something. All bets are off when you do that.

    The last thing you wanna' do is lie about it being in the truck if they ask. If the gun is in a position to do you any good, it's most likely also in a position to be easily seen if someone casually looks around.

    Personally, I would go with the CCW permit from at least one state. It won't cover everywhere you go but it does show taking responsibility in keepng one because you had to go thru a training course to get the permit.

    A tuff call. No matter what else happens though, if you use it on someone, chances are you'll be sued by the 3 wives & ten kids whose main income was just taken away when you shot the perp. Be prepared to drop somewhere between 20 & 40k on lawyers.

    The last piece of advice, if you have the right to shoot 'em, you have the right to kill 'em. That way, there's only one side to the story.

    From this website:
    http://www.thetruckersreport.com/tru...e-road-21.html

  4. #4
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    I am not aware of any restriction in the law that would prevent you from carrying in a work vehicle.

    The employer's policies, of course, are a different ballgame.
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    Senior Member Array wvshooter's Avatar
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    If a driver has a cc permit in Fla. would he not be within his rights to be armed while in Fla. or any state which reciprocates with Fla. Why would there be any concern regarding "every state and local cop whose jurisdiction he passes through." It would be wise for the driver to have his Fla. cc license within reach as well as some information regarding states reciprocating with Fla. which he could present to an officer to show that he is in complience with the law but I can't understand why the driver should be concerned about individual police officers in states where he is legal.

  6. #6
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    Florida Dept. of Agriculture's website lists the states which have reciprocity with FL, and more importantly provides links to the info available from those states.

    http://licgweb.doacs.state.fl.us/new...led_carry.html

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  7. #7
    VIP Member Array Redneck Repairs's Avatar
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    While being a truck driver in no way invalidates a ccw or recriprecial agreements between states the more interesting question is for the states that do not allow ccw , the transport requirements of said states , and finaly just how the sleeper area ( or the camper area on newer bigger trucks ) is in fact considered a " home " You do have at least the expectation of privacy in a sleeper area that you would in an rv which iirc is a higher expectation of privacy than a car , but not quite what your house on a lot is . To directly answer you its a complex issue that i dont have a clear cut answer for , nor imho does anyone where it comes to weapon rights interstate . My best recomendation is to treat the sleeper area of the truck as your home , and comply with the state you find yourself parked in laws .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

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  8. #8
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    Sorry Redneck but your info is not correct. A commercial driver is in a lot different set of circumstances than an RV. A certified MCS officer can inspect any part of the commercial vehicle including the sleeper area. It is not the same as a residence.
    As far as the OP's question, there is nothing in the FMCSA that prohibits a driver from carrying a firearm in the vehicle. However, state laws may and you may also have restrictions placed by the company.
    I was 1 of 2 of the first MCS officers certified in the state back in 1982. I taught MCS law at our academy, have been recognized by IL courts as an expert in the field, and in my career I inspected a lot of trucks.
    183 FBINA

  9. #9
    Member Array rmarcustrucker's Avatar
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    Just two things to add. My company allows carry. Actually by NOT having anything in there manual about it. I understand and respect the legal need for that. But violating company policy might get you fired or in some civil trouble but, as the quote goes " judged by 12 then barried by 6." I'm not a lawyer, but If I decided to work at a company that did not permit CW (shot in hell of that happening), I'd not worry about "company policy" as long as it was legal in other ways.
    2nd Idea I was given by an old timer when I first started driving and was forced to do OTR driving. Keep the phone number for the NRA legal department and a lawyer that specializes in gun law in your state. They should be able to help and refer you to others if you have a question. I don't have him on retainer, but he's a memeber of the local firing range and is very gun friendly.

  10. #10
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    When in a former life I was an OTR truck driver the biggest problem I faced was that I would get loads to Canada regularly and even worse New York City. These would come up when I was already out and they were usually unexpected. These would put you in a situation, especially if your employer didn't know you were carrying. Just something else to consider and may not apply to your situation.
    "Those who would give up essential liberties for a little temporary safety deserve neither liberty or safety" -Benjamin Franklin-
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  11. #11
    New Member Array toad_whisperer's Avatar
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    when I drove I carried

    Truckers tend to be at risk more than most. When your hauling hundreds of Thousands of dollars worth of freight and having to stay in some of the seediest stops you can imagine and sometimes waiting for hours in in the worst neighborhoods in the worst cities, do the math and
    make your own decision about where and when to carry. It's not a bad idea to always carry pepper spray too.

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    State laws apply.
    Les Baer 45
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