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I've been every where man! OC

Tanner

Regular Member
Joined
May 10, 2012
Messages
474
Location
Chesterfield, Virginia, United States
so by now we have been just about everywhere. NY to UT to AZ to TX to MI to MA. We have been getting some long trips and have been from east to west a few times now wich is not to common now a days since most of the cross country freight is shipped via train. I vaguely remember learning in trucker school that there was some kind of regulation against carrying in the cab of a truck. I have been looking in the FMCSR (federal motor carrier safety regulations) and so far havent found anything. Any ways at the very least we would be confined to local regulation. That being said we can travel form one end of the country to the next in 2 1/2 days. It is also swifts policy to have no firearms.
while company policy dosent really bother me it would be impossibe to keep up with local regulation.

Since internet is rare for us out here it may be a while before I can read the replies.
 

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
so by now we have been just about everywhere. NY to UT to AZ to TX to MI to MA. We have been getting some long trips and have been from east to west a few times now wich is not to common now a days since most of the cross country freight is shipped via train. I vaguely remember learning in trucker school that there was some kind of regulation against carrying in the cab of a truck. I have been looking in the FMCSR (federal motor carrier safety regulations) and so far havent found anything. Any ways at the very least we would be confined to local regulation. That being said we can travel form one end of the country to the next in 2 1/2 days. It is also swifts policy to have no firearms.
while company policy dosent really bother me it would be impossibe to keep up with local regulation.

Since internet is rare for us out here it may be a while before I can read the replies.

I sincerely hope you didn't OC in some of the states you posted, NY, TX, MA

http://opencarry.org/opencarry.html


http://opencarry.org/travel.html

My cousin's husband drives for the same company (iirc) and believe he said the same thing about a fed reg disallowing truckers to carry... he could never provide a cite.

http://askthetrucker.com/cdl-federal-gun-law/
 

Tanner

Regular Member
Joined
May 10, 2012
Messages
474
Location
Chesterfield, Virginia, United States
I sincerely hope you didn't OC in some of the states you posted, NY, TX, MA

http://opencarry.org/opencarry.html


http://opencarry.org/travel.html

My cousin's husband drives for the same company (iirc) and believe he said the same thing about a fed reg disallowing truckers to carry... he could never provide a cite.

http://askthetrucker.com/cdl-federal-gun-law/

I may be stupid but im not dumb. I dident even bother bringing it. We are only doing this for 2 months and decided it wasent worth the troubble. I would like to bring it but decided against it. We do have other means of self defense available though.
 

scouser

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Apr 4, 2011
Messages
1,341
Location
804, VA
There is NO law prohibiting possession of a firearm in a commercial vehicle. Think about it this way, if there was a law then why would all these companies have a policy stating that you can't have a firearm in the truck? I've never seen a company policy stating that you can't have alcohol in the truck, that's because a policy is not needed because unmanifested alcohol on a commercial vehicle is mentioned as being prohibited in the FMCSR unless it's in the possession of and for the use of passengers on the bus that's carrying it.

If carrying a firearm in a commercial vehicle was illegal then I would have been locked up a long time ago, instead the Powhatan Deputy working the licence checkpoint on US 522 didn't even bat an eyelid when he was eye level with my open carried handgun last year.
 

Tanner

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May 10, 2012
Messages
474
Location
Chesterfield, Virginia, United States
scouser;1785402 Think about it this way said:
You make a good point. And I am most definatly not saying that there IS a regulation saying we cant. However I remember at one point reading something pertaining to firearms. Like I said I am still looking and will be going back to the school I attended in a about a week. Will post something when I get lerned about it.
 

scouser

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804, VA
You don't need to ask some trucking school about it, you don't need to ask your employer about it. Both of them are likely to mislead you into thinking it is a crime to have a firearm in a commercial vehicle. Read every single word in the FMCSR, you will not find anything telling you it is illegal to have a personal firearm in a commercial vehicle.

Remember your lessons about open carry in Virginia? Laws forbid things, the absense of a law forbidding something will, by default, mean it's not illegal.

My example in Powhatan from last year, the door of the truck was open, I was sitting in the driver's seat turned to face the deputy, both my knees were pointed out of the door of the truck. It was impossible for him not to see the firearm on my right hip. He didn't say a thing about it, all he was interested in seeing was my CDL and my medical card, didn't even ask to see my logbook. If there had been any doubt in his mind as to whether what I was doing was illegal he wouldn't have waved me on my way with a 'have a nice day'. The company I was working for then had a policy against firearms in their trucks, but my boss did not enforce it. I know he had no interest in that policy because when we started making deliveries to AAFES (in Ft Eustis & Langley AFB) he said to me "I don't want to know what you do at the moment, I'll just say this to you, when you go to those bases do NOT have a gun in the truck".
 

Tanner

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Messages
474
Location
Chesterfield, Virginia, United States
You don't need to ask some trucking school about it, you don't need to ask your employer about it. Both of them are likely to mislead you into thinking it is a crime to have a firearm in a commercial vehicle. Read every single word in the FMCSR, you will not find anything telling you it is illegal to have a personal firearm in a commercial vehicle.

Remember your lessons about open carry in Virginia? Laws forbid things, the absense of a law forbidding something will, by default, mean it's not illegal.

My example in Powhatan from last year, the door of the truck was open, I was sitting in the driver's seat turned to face the deputy, both my knees were pointed out of the door of the truck. It was impossible for him not to see the firearm on my right hip. He didn't say a thing about it, all he was interested in seeing was my CDL and my medical card, didn't even ask to see my logbook. If there had been any doubt in his mind as to whether what I was doing was illegal he wouldn't have waved me on my way with a 'have a nice day'. The company I was working for then had a policy against firearms in their trucks, but my boss did not enforce it. I know he had no interest in that policy because when we started making deliveries to AAFES (in Ft Eustis & Langley AFB) he said to me "I don't want to know what you do at the moment, I'll just say this to you, when you go to those bases do NOT have a gun in the truck".

Simmer down now! I respect that you are passionate about this. Even more so because you are a truck driver. I simply said that I remember learning something about firearms in the FMCSR. No one will mislead me into thinking it is illigal until I see the specific cite that says it is. After hours of reading the riviting FMCSR I havent been able to find anything! The school (since this is where I remember learning about this) will probably be able to point me in the right direction.

I read the thread where you listed this experience in the truck. The very first thing I learned when starting to research OC was that it is silly to ask a cop what the law is. You were specifically one of many who got a laugh out of that. So i would like to offer that just beause they dident do anything about it does not mean they were aware of the regulation that may or may not acctually be there. AGAIN I AM NOT SAYING THAT THERE IS
 

scouser

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804, VA
Simmer down now! I respect that you are passionate about this. Even more so because you are a truck driver. I simply said that I remember learning something about firearms in the FMCSR. No one will mislead me into thinking it is illigal until I see the specific cite that says it is.

I don't need simmering down, and I apologize if I gave that impression. Yes, I'm passionate about this misconception a lot of people have that firearms are illegal in commercial vehicles. But my intention was to drill the idea into your head that the schools and trucking companies are not going to tell you anything favorable about firearms. You won't see the cite, it doesn't exist


After hours of reading the riviting FMCSR I havent been able to find anything!

Because it isn't there

The school (since this is where I remember learning about this) will probably be able to point me in the right direction.

no they won't

I read the thread where you listed this experience in the truck. The very first thing I learned when starting to research OC was that it is silly to ask a cop what the law is. You were specifically one of many who got a laugh out of that. So i would like to offer that just beause they dident do anything about it does not mean they were aware of the regulation that may or may not acctually be there. AGAIN I AM NOT SAYING THAT THERE IS

I didn't ask the deputy, I didn't need to because I knew I wasn't doing anything illegal. I did have a hidden (because it was in my shorts' pocket and had an external mic under my shirt) voice recorder running at the time of the stop (it had been running all day just in case), but he was a credit to his badge and acted in the professional manner everyone so employed should behave. With hindsight being 20/20 I wish I'd got his name so I could have passed on my impressions of him to the sheriff. I think some of us are all too quick to raise hell about LEOs behaving badly, perhaps some praise for the ones doing their job properly wouldn't go amiss.
 

roscoe13

Campaign Veteran
Joined
Apr 18, 2007
Messages
1,134
Location
Catlett, Virginia, USA
With hindsight being 20/20 I wish I'd got his name so I could have passed on my impressions of him to the sheriff. I think some of us are all too quick to raise hell about LEOs behaving badly, perhaps some praise for the ones doing their job properly wouldn't go amiss.

Jacket stuffing works both ways :D

Roscoe
 

scouser

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Messages
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804, VA
I feel things are being lost in translation. IF I find anything about firearms in the FMCSR I will post it.

A quick way, the FMCSR is accessable online. You can search the text of it online, will save you a lot of time reading through. However, there is nothing prohibiting possession of personal firearms in a commercial vehicle in the FMCSR
 

ocholsteroc

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Joined
Aug 4, 2010
Messages
1,317
Location
Virginia, Hampton Roads, NC 9 miles away
If you go across country and want to carry, and some states that don't allow with permit/like Illinois.



I think its safe to say, take it down, field strip, and lock it in a box, and if you got a magaizine over 10rounds, break it down. Put it in a lock box and away from the drivers reach. I would never step into a state where it doesn't allow for self defence of life.

Never ever go to DC.
I think its legal in all 50 states to have a gun in the car, locked/stripped down in a box. But never DC. Never!!!!!
 
Last edited:

Lincoln7

Regular Member
Joined
Jan 24, 2010
Messages
143
Location
Isle of Wight County, Virginia
I sincerely hope you didn't OC in some of the states you posted, NY, TX, MA

MA has no law against open carrying a firearm. Although I doubt Tanner has a Class A or B MA LTC.

TX allows open carrying of a firearm while traveling:
"Sec. 46.02(a) of the Texas penal Code says it is illegal to carry a handgun.
(b)Section 46.02 does not apply to a person who:
(2)is traveling"
 

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
MA has no law against open carrying a firearm. Although I doubt Tanner has a Class A or B MA LTC.

TX allows open carrying of a firearm while traveling:
"Sec. 46.02(a) of the Texas penal Code says it is illegal to carry a handgun.
(b)Section 46.02 does not apply to a person who:
(2)is traveling"

Being this is open carry I presume we were discussing unlicensed carry..
Knowing Tanner is from VA and seems to be fairly new to this I doubt he has a MA persmission slip, so my statement with regards to MA stands.

TX- I don't find that wording:

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.02
 

papa bear

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Jul 25, 2010
Messages
2,222
Location
mayberry, nc
SCOUSER and MARKO are correct the only law you would have to go by is the federal transport laws. which state that you can travel with a firearm through any state, as long as the firearm is unloaded and out of the reach of any passenger in the vehicle.or in other words, locked in the trunk(or some other locked device).

as of July that does apply to DC also. (see Millers last report)

now if you stop somewhere you can fall under the local laws. but for the most part if you do the federal thing they most of the time can't do anything

PS. do not consent to a search. period
 

skidmark

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Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
FOPA applies to transporting a firearm from one place where it is legal to possess to another place where it is legal to possess while traveling directly through jurisdictions where possession is not legal. If Tanner were, for instance, to go visit his GF's father in NY he could not count on protection under FOPA since he does not have a NY firearms license (or should not, since he abandoned his residence there in spite of still having NY tags on his car). But if he were travelling from Virginia through NY to get to Maine for a lobster roll FOPA would cover him.

Even though Tanner is pointing a Swift truck all over the countryside he can be covered by FOPA as long as he starts where it is legal on his way to where it is legal and makes only stops incidental to his journey in non-legal jurisdictions. Stopping in Maryland to drop off a part of a load while on his way to Iowa probably will not be considered "incidental" while stopping in that state for fuel, a meal or a bathroom break would.

Firearm laws are like the tax code, except there is no central agency (like the IRS) where you can go to get the wrong answer. On the other hand, like the IRS, you cannot rely on following the instructions in a written answer should it later be proverd that the answer was wrong.

stay safe.

PS - poppa bear, my comment is more for Tanner than as a direct response to what you posted. Tanner is still learning and often needs things spelled out He's getting better, but probably should not take the training wheels off just yet.:p
 

Tanner

Regular Member
Joined
May 10, 2012
Messages
474
Location
Chesterfield, Virginia, United States
FOPA applies to transporting a firearm from one place where it is legal to possess to another place where it is legal to possess while traveling directly through jurisdictions where possession is not legal. If Tanner were, for instance, to go visit his GF's father in NY he could not count on protection under FOPA since he does not have a NY firearms license (or should not, since he abandoned his residence there in spite of still having NY tags on his car). But if he were travelling from Virginia through NY to get to Maine for a lobster roll FOPA would cover him.

Even though Tanner is pointing a Swift truck all over the countryside he can be covered by FOPA as long as he starts where it is legal on his way to where it is legal and makes only stops incidental to his journey in non-legal jurisdictions. Stopping in Maryland to drop off a part of a load while on his way to Iowa probably will not be considered "incidental" while stopping in that state for fuel, a meal or a bathroom break would.

Firearm laws are like the tax code, except there is no central agency (like the IRS) where you can go to get the wrong answer. On the other hand, like the IRS, you cannot rely on following the instructions in a written answer should it later be proverd that the answer was wrong.

stay safe.

PS - poppa bear, my comment is more for Tanner than as a direct response to what you posted. Tanner is still learning and often needs things spelled out He's getting better, but probably should not take the training wheels off just yet.:p


Thanks again skid. This is exactly the reason I decided against bringing a firearm. Though I did not know the true legality behind it the best decision was to leave it where I know its legal. We do have other means of self protection. The training wheels are most deffinatly staying on for a while. There is a added variable added when Rachelle starts her shift. For instance I may be protected by FOPA if I start and end a trip in the right states. However I do see a loophole if she were to start her trip in the wrong state. Besides it would be impossible to keep track of even the state regs the way we drive. 80% of the time I cant even recall what state im in. Not because im dumb but because we can travel from east to west north to south in a few days.

I will say that doing the OTR (over the road) thing again even for 2 months has made me appreciate home, and I think ill be calling VA home for a while. well as soon as I get the tags :banghead:
 
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