I was one of the first Troops in the state to be certified to enforce Motor Carrier Safety laws back in the early 1980s. I also taught MCS law at our academy.
The others are correct. There is nothing in the MCS regs prohibiting the carrying of firearms in commercial vehicles. It's whatever is applicable by state law in the state you are driving.
There is mention of ammunition in the hazmat regs but those regs only apply to the cargo and not anything the driver is transporting in his personal gear.
How did you get a NJ permit?
Originally Posted by TonySoprano
In the process of transporting certain types of explosives, weapons systems, and classified information some carriers are required by Federal Law to BE ARMED, so the lack of a law banning this type of carry makes sense. There are specific rules for Armored Carriers functioning in their official capacity too though, so this may fall under that Public Law 103 deal.
Not really the point
I think that what this guy is worried about is his personal safety, and not his job. There is a difference in being charged with a felony firearm because you violated a federal firearm law and being fired (maybe getting charged with a misdemeanor public nuisance charge) due to disregarding a employer rule. I've worked for many different employers before and sometimes the rules they expect you to abide by are not in place with you and your safety in mind. I've willingly disregarded those rules, fully accepting of my possible fate of being fired, because at the end of the day I go home to my wife alive.
Originally Posted by colt
Case and Point. I worked as an armored guard in the past for a company who required a guard to be in the vehicle at all times. They began only sending out a two man crew to a very very dangerous area where an ATM machine was in need of service and expected a single guard to service the ATM while the other guarded the stupid truck. This was obviouly to protect thier money and save money on the work force, and NOT for the purposes of protecting me. My fellow guard and I decided that was unacceptible and decided to leave the secured and locked vehicle by itself at that particular location so that we could protect each other while servicing the ATM both fully aware that if an incident did occur we would both lose our jobs but had a better chance of going home alive and uninjured.
Just saying, think for yourself...
I have found in the past that management may use the ploy "Its against XXXX law" to avoid the employee arguements about "company rules" being unfair.
Its a business owner/manager's right to set its own rules and your choise is abide or get fired.
However, concealed is concealed.
I am unaware of any DOT regulation that prohibits a firearm in a commercial vehicle carrying HAZMAT materials. The regulations can be confusing, but most of them past the common sense test if you really think about them.
We get hazmat vehicles being admitted into the Nuclear Plant quite often. Most of those guys are armed to to teeth. They have to disarm and leave their guns with security before they enter into the protected area, so I would say there probably arent requlations against carrying in a hazmat.