Misinformed Trucker?

This is a discussion on Misinformed Trucker? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Ashburn, VA, about 1.5 miles from Redskins Park. About noon time today. Got a load of 5 pieces of stainless fab. The tractor trailer had ...

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  1. #1
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    Misinformed Trucker?

    Ashburn, VA, about 1.5 miles from Redskins Park. About noon time today.

    Got a load of 5 pieces of stainless fab. The tractor trailer had a Mossberg lock on it.

    Me to the driver: Nice lock. What model shotgun do you have?

    Driver: It's not from my shotgun, it's from a pistol.

    Me: Really, I didn't realize Mossberg made pistols.

    Driver: Yeah, maybe not, yeah, you're right, it's probably from my shotgun.

    At this point we are up in the truck and I had to sign for the freight before we took it off the trailer, which is unusual, so we are in pretty close quarters.

    Driver: Is that a Glock?

    Me: Yes.

    Driver: Cool, what caliber?

    Me: 9 mm

    Driver: Wish we could carry on the job.

    Me: Why don't you? Company policy?

    Driver: Nope, federal law. Anyone with a CDL cannot carry a firearm in a commercial vehicle.


    I'm pretty sure my friend the Mossberg pistol owner is a little confused, anyone know for sure?

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    VIP Member Array Snub44's Avatar
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    ...yes, he is...


    18 USC Sec. 926A 01/03/2012 (112-90)

    -EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 44 - FIREARMS

    -HEAD-
    Sec. 926A. Interstate transportation of firearms

    -STATUTE-
    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


    [Google says this about "Notwithstanding": not·with·stand·ing

    /ˌnätwiTHˈstandiNG/



    Preposition


    In spite of.



    Adverb


    Nevertheless; in spite of this.



    Conjunction


    Although; in spite of the fact that.



    Synonyms


    preposition. despite - in spite of - with

    adverb. nevertheless - still - though - all the same

    conjunction. although - though - albeit - nevertheless - but


    ...so...follow the laws of the state you're in...but if they become too cumbersome, fall back on the above Federal law which will get you through ...though a bit of a hassle to comply with...
    Aceoky likes this.

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    Thanks, Snub.

    That's why I love this place.

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    VIP Member Array Snub44's Avatar
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    ...challenge the trucker to show you the DOT law that says you can't...and check back with him every six months or so to see if he's making any progress...
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    Distinguished Member Array OhioCatter's Avatar
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    As Snub44 has posted that is a BIG no no. I could just see it now a driver with a gun in his truck hauling a DOD or DOE load. What a surprise he would get when they check his truck and find it.
    warbirds likes this.

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    In a truck not too difficult to follow through with the law you posted. Throw the pistol in a locked box, toss it into the sleeper compartment. Bang, you're covered.
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    VIP Member Array Snub44's Avatar
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    ...that is NOT what my post says...

    ...my post says (my interpretation of the law) that if any law or rule of any lesser jurisdiction forbids a person(of which a trucker is one) to carry a gun in his vehicle...THE QUOTED LAW gives him a way to legally do it which cannot be superceded by any other lesser jurisdiction's law...if he is not OTHERWISE forbidden by any other part of Chapter 44...

    ...so I did NOT say that it is a big no-no...exactly the opposite...

    Quote Originally Posted by OhioCatter View Post
    As Snub44 has posted that is a BIG no no. I could just see it now a driver with a gun in his truck hauling a DOD or DOE load. What a surprise he would get when they check his truck and find it.
    TN_Mike likes this.

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    Distinguished Member Array OhioCatter's Avatar
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    Ooooops my bad I missed that.

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    VIP Member Array Ghost1958's Avatar
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    When i ran over the road admittedly 25 or more years ago and i did for 21 years I always carried one. Ive been searched at scales etc in big cities Boston, New York etc and back then when it was found or if they asked and I told them I always got You arent supposed to have this ya know. Then they put it back and that was it.

    I never ran across any LE that didnt fully expect to find one or that I had one or made a big deal of it no matter where I was.
    Lost once in Boston at 1 am I blocked a LE from going thru an intersection with my truck to get his attention. Asked him how to get where I was going to unload the next morning.

    The first thing he asked is if I had a gun. I said yeah I do. He said if your stupid enough to sleep where your going overnight you need two. Then he gave me a older 38 revolver, led me to the place after telling me not to stop for lights or anything else. All night about every half hour he would circle thru the lot I was in to scare off the 15 or so I assume BGs that kept hovering on the other side of the lot and driving my Rotty nuts so i couldnt sleep anyway. Daylight they were gone I was wore out and he stopped by to retrieve his revolver
    Aceoky, Voice, Poorly and 5 others like this.
    " It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales

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    Quote Originally Posted by Ghost1958 View Post
    When i ran over the road admittedly 25 or more years ago and i did for 21 years I always carried one. Ive been searched at scales etc in big cities Boston, New York etc and back then when it was found or if they asked and I told them I always got You arent supposed to have this ya know. Then they put it back and that was it.

    I never ran across any LE that didnt fully expect to find one or that I had one or made a big deal of it no matter where I was.
    Lost once in Boston at 1 am I blocked a LE from going thru an intersection with my truck to get his attention. Asked him how to get where I was going to unload the next morning.

    The first thing he asked is if I had a gun. I said yeah I do. He said if your stupid enough to sleep where your going overnight you need two. Then he gave me a older 38 revolver, led me to the place after telling me not to stop for lights or anything else. All night about every half hour he would circle thru the lot I was in to scare off the 15 or so I assume BGs that kept hovering on the other side of the lot and driving my Rotty nuts so i couldnt sleep anyway. Daylight they were gone I was wore out and he stopped by to retrieve his revolver
    Wow Ghost it's been awhile since I read about a Peace Officer going above and beyond. But this guy was like The Lone Ranger and Superman all rolled into one.
    I had my CDL more than 20 years but I never went anywhere as scary as the story you related to us. Mostly I just hauled AG crops. My favorite tractors were 67-68 Pete's. I drove other makes but there's just something about a Pete that makes me smile.
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    VIP Member Array Ghost1958's Avatar
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    Quote Originally Posted by NONAME762 View Post
    Wow Ghost it's been awhile since I read about a Peace Officer going above and beyond. But this guy was like The Lone Ranger and Superman all rolled into one.
    I had my CDL more than 20 years but I never went anywhere as scary as the story you related to us. Mostly I just hauled AG crops. My favorite tractors were 67-68 Pete's. I drove other makes but there's just something about a Pete that makes me smile.
    Noname that was my first trip into Boston proper to a small steel mill. I do remember some major road bridge going over where I stayed that night. My directions were wrong because of construction so that LEO led me down one way streets the wrong way, blew red lights and ran about as fast as I could keep up in the city streets. I do remember blowing some boxes that some homeless guys were sleeping under off of them as we went.
    LEO was an older guy and had he not did what he did Im pretty sure Id have been forced to use 357 i already had and let the rotty loose on the group. As it was they would sort of ease closer across the lot then hear him coming and hustle back to where they were but they never left even when he would shine his spot on them.

    I ran 48 states. Even in Chicago I asked for directions in the wee hours of a LEO. He also asked if I had a gun. Figuring no use to lie I said yes expecting the worse. He just grinned and said Well, if you didnt youd be a braver man then me.
    And that was all there was to it.

    I drove over those years about all makes Petes, Freight Shakers, Volvos, Corn Binders, Cab overs which I hated and conventionals. Had over those years 5 trucks of my own first being an old White Road Commode cab over 318 Detroit 13 OD splitter, the old dragon fly. Drag up hill fly down LOL. But yeah I liked some other makes owned some of em. Never owned a Pete but loved em.

    To be honest Houston was probably the most dangerous place to haul to in certain parts back then. Only city I ever had a gun pointed at me going down the road by a group of kids.
    " It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales

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    VIP Member Array chiefjason's Avatar
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    The only thing that would stop a truck driver from carrying would be company policy or state/local law. Feds are silent on it.
    I prefer to live dangerously free than safely caged!

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    VIP Member Array Ghost1958's Avatar
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    Yeah its the state and local law thing that could get ya but in 21 years of running all over even in Chicago and NY never had an LEO make an issue of it even when it was illegal in that area. Almost like they expected it and figured you were sort of dumb to go all over the nation and bunk a great deal of the time in its worst areas without one. Im sure in a car in some of those areas Id have been jailed for carrying.
    " It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales

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    My initial CHL instructor maintains to this day that commercial drivers cannot legally carry, based on information one of his buddies with DOT told him.
    "When you have to shoot, shoot, don't talk."
    Tuco

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    Member Array wsquared's Avatar
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    I have heard this fable many times. My personal guess is that it's a preference that many of the trucking companies have so they put it in their employee handbooks. Once people read it once they tend to accept it as fact, and telling them the truth will simply get you an argument.

    In all of the back-and-forth I have heard about this (including plenty of it on Tom Gresham's "Gun Talk") I have never once heard anyone cite where this appears in Fedeal law. I don't just mean that people can't cite chapter and verse - I mean that I've never heard a single person able to indicate what official document or piece of legistation they've seen it in.

    If there was actually any truth to it, all of those employee handbooks from trucking companies would include a reference to the specific legislation. When I look at my company's various handbooks/manual/policies, every single section that mentions/draws upon/references/re-inforces a peice of legislation or regulation has a reference attached to it to provide clarification on what official document it relates to. In my mind if the employee handbook can't tell you what federal regulation or law it's referring to, it's pure fiction.
    Aceoky likes this.

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