Need confirmation on Federal DOT law

Need confirmation on Federal DOT law

This is a discussion on Need confirmation on Federal DOT law within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Yesterday, my company had our annual employee meeting. We went over the usual stuff, EOE, Sexual Harassment, Company Policies (no printed handbook this time). Once ...

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Thread: Need confirmation on Federal DOT law

  1. #1
    VIP Member Array Sticks's Avatar
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    Need confirmation on Federal DOT law

    Yesterday, my company had our annual employee meeting. We went over the usual stuff, EOE, Sexual Harassment, Company Policies (no printed handbook this time).

    Once again, "No weapons allowed....Employees are not permitted to bring a gun to a job site, or have them in their company vehicles..."

    Except this time the safety manager stated "It is against Federal Law for a hazmat driver to have a firearm in a hazmat vehicle..."

    Now this was a new one. I drive a company vehicle and am technically required to stop at the ports. I had tried to find anything in the Federal DOT regulations on weapons/firearms and could not find anything (I wanted to make sure that I was OK in my mechanic truck).

    Anybody uber familiar with Commercial Motor Vehicle regulations that can point me in the right direction, or at least confirm or deny this statement on Hazmat vehicles?
    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


  2. #2
    Member Array colt's Avatar
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    Regardless of DOT policy, what it comes down to is you have to comply with your employer's company policy or your putting your job at risk. I'm in the same boat, my employer has a no weapons policy too.

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    Can't answer your question, but you might challenge the Safety Manager and tell him you'd like a reference to back up his statement.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

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    Member Array Bhamrichard's Avatar
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    Short version: no


    Long version:
    Federal Motor Carrier Regulations contain no provisions for restricting properly licensed, and legally carrying permit holders.

    All Regulations - Federal Motor Carrier Safety Administration

    Likewise the extra requirements for transportation of HAZMAT materials, have no restrictions with regard to firearms.

    How to Comply with Federal HM Regulations - Federal Motor Carrier Safety Administration

    You should make yourself keenly aware of the laws of the states (and in at least a few cases, cities, which have their own ordinances that predate some state preemption law) in which you move about such as legal methods of carry, concealed permit reciprocity agreements. Jurisdictions that do not recognize your permit, or right to carry, must still follow the Federal Peaceable Journey requirements.

    Further, you specifically mentioned Ports.. Now your very possibly into the T.S.A. regulations as well, and should be aware of them. I believe a Port qualifies as a sensitive area, much like Airports. Edit: After re-reading, I'm not sure if you mean a shipping port, or the various weight stations you come across, can you elaborate on that?

    In most cases the only reason a CDL holder cannot carry a firearm, is because the employer says they cannot.

  5. #5
    VIP Member Array Sticks's Avatar
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    Quote Originally Posted by colt View Post
    Regardless of DOT policy, what it comes down to is you have to comply with your employer's company policy or your putting your job at risk. I'm in the same boat, my employer has a no weapons policy too.
    Let's keep the topic on verification of the statement on the DOT law against firearms.

    Quote Originally Posted by archer51 View Post
    Can't answer your question, but you might challenge the Safety Manager and tell him you'd like a reference to back up his statement.
    I have been trying to come up with a way for the last 2 years to at least get her to rephrase the "No Weapons allowed" to "No illegal weapons" or "No illegally possessed or carried weapons". I absolutely do not want to broach the subject with her by asking for documentation on this one (I am not a hazmat driver so there really is no need for me to be concerned), but there may be further insight to the issue of my being OK under DOT regulations.

    She may know I carry, I know that there are 2 people for sure that know, so maybe 10 total company wide (people talk). Kind of a "Don't ask, don't tell, don't get caught".
    Last edited by Rock and Glock; November 11th, 2012 at 05:21 PM.
    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

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    VIP Member Array Sticks's Avatar
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    Quote Originally Posted by Bhamrichard View Post
    Short version: no


    Long version:
    Federal Motor Carrier Regulations contain no provisions for restricting properly licensed, and legally carrying permit holders.

    All Regulations - Federal Motor Carrier Safety Administration

    Likewise the extra requirements for transportation of HAZMAT materials, have no restrictions with regard to firearms.

    How to Comply with Federal HM Regulations - Federal Motor Carrier Safety Administration

    You should make yourself keenly aware of the laws of the states (and in at least a few cases, cities, which have their own ordinances that predate some state preemption law) in which you move about such as legal methods of carry, concealed permit reciprocity agreements. Jurisdictions that do not recognize your permit, or right to carry, must still follow the Federal Peaceable Journey requirements.

    Further, you specifically mentioned Ports.. Now your very possibly into the T.S.A. regulations as well, and should be aware of them. I believe a Port qualifies as a sensitive area, much like Airports. Edit: After re-reading, I'm not sure if you mean a shipping port, or the various weight stations you come across, can you elaborate on that?

    In most cases the only reason a CDL holder cannot carry a firearm, is because the employer says they cannot.
    These are your standard "Port of entry" (state line), "Weigh or Scale ports" and the ever annoying portable scales that pop up on the back roads for weight and DOT inspections.

    Colorado has preemption laws for CC (I think I got that right - City, County regs do not apply to CC) ergo I am in compliance with the transportation/possession as if I was in my personal vehicle when moving through cities/counties...
    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

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    Member Array Bhamrichard's Avatar
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    These are your standard "Port of entry" (state line), "Weigh or Scale ports" and the ever annoying portable scales that pop up on the back roads for weight and DOT inspections.
    Ok so we are talking about weigh stations, DOT checks etc.. There are no additional restrictions on the federal level.

    Denver appears to be the only city (assuming your in CO as your profile says) with additional restrictions against so called "Saturday Night Specials" and Assault weapons in your state.

    http://www.handgunlaw.us/documents/DenverLaws.pdf
    http://en.wikipedia.org/wiki/Firearm...Protection_Act <-- safe passage provision applied to peaceable journey.
    http://handgunlaw.us/documents/USRVCarCarry.pdf <-- may also show you some helpful info

  8. #8
    VIP Member Array Sticks's Avatar
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    Yup. I am well versed in CO state laws on CC, use of force, etc. It is the fuzzy Federal arena that I need to keep checking on as the need arises. Currently DOT.
    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

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    Member Array mpitcock's Avatar
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    Good luck on finding anything from DOT on concealed carry....because it is not there.

    DOT deals with the safe operation of a commercial motor vehicle. Concealed Carry is a State Regulated Law with reciprocity between States.

    Again...as has been mentioned above...with most carriers it is a company policy not Federal Regulation.

    Good luck!

  10. #10
    Member Array badmojo's Avatar
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    This came up once before and I found this on the DOT website:

    "Carrying concealed weapons is a matter of state law. Your question can best be answered by the appropriate state government."

    Answer
    ‘‘We, the People are the rightful masters of both Congress and the courts — not to overthrow the Constitution, but to overthrow men who pervert the Constitution.’’

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    Member Array SafetyBear's Avatar
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    I too am in Safety and I have researched this myself personally with several DOT Officers. Every single one of them told me the exact same thing.... IT IS NOT ILLEGAL. They all said to check each state law that you would be driving in. I understand that you are in a Mechanic Truck, but you & any truck drivers out there might be interested in this site: Ask The Trucker .com

    Gun Laws | AskTheTrucker
    Guns | AskTheTrucker

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    Senior Member Array Gary Slider's Avatar
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    http://www.handgunlaw.us/documents/C...dFirerarms.pdf

    Go to this link and read this. I have never been able to find anything from the DOT that says you can't have a firearm in a commercial vehicle. There is not federal Law or Regulations against it.

    Now there are rules at Port Facilities and places you will deliver to that can ban firearms in your vehicle. But when you are on the road and you have a permit/license that is makes it legal for you to carry you can carry.

    If your employee says you can't have firearms they can fire you if they catch you with one but you are just breaking an employment rule and not a law or federal regulation.
    Stay Safe,
    Gary Slider

    Co-Owner Handgunlaw.us

    Member Armed Citizens Legal Defense Network

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    Member Array sharpetop's Avatar
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    The "Safety Manager" you speak of is either a "Yes Person" or doesn't know forum rule #4 from apple butter. I've been in the transportation industry for many years and have studied the Federal Motor Carrier Regulations Handbook many times and have never found the law you speak of. Most of these guys have never even stepped foot in a commercial vehicle!

    Go by the laws of the state you are in and you should be good to go.

    P.S. Most transportation companies do have a no weapons policy, so you are on your own there.
    Last edited by SIXTO; March 7th, 2010 at 11:09 AM. Reason: language

  14. #14
    Member Array TonySoprano's Avatar
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    I drive and carry while I work. Short answer is there is no federal law that you can't carry if you are legal to carry in that state. I have 4 permits IN,FL,UT,NJ. 99% of the companies have a no weapons policy because the company lawyer like it to lessen liaibity. The owner of my company has told me why we have that policy. He also told me that since I am legal(permited) he has no problem with me carrying. There are over half of our drivers do carry and the owner( small company 36 drivers) has told us that if there are complaints or we are not discreet then we will be ask to resign. We call it don't ask Don't tell and Don't Show until needed. Hope that helps..

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    VIP Member Array Sticks's Avatar
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    Thanks for all the helpful replies.

    There was just a concern that Hazmat vehicles may fall under a different category or subject to additional regulations with Homeland Security or the NSA, what with our terror threat level indicator mood ring they wear.
    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

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