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Thread: Professional transport carry.

  1. #1
    Regular Member Sorcice's Avatar
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    Professional transport carry.

    My grandfather delivers travel trailers for a living and in doing do is bound by federal law that states professional drivers can't have guns in their vehicles.

    My question is: Is there a permit he can apply for that world allow him to carry. Even if only in the US. Obviously Canadian trips hed still be stuck.

    Thanks!

  2. #2
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    Can you post a link to the law noted?

  3. #3
    Campaign Veteran MAC702's Avatar
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    And what defines a "professional driver" for this law?
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  4. #4
    Regular Member Sorcice's Avatar
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    Professional transport carry.

    Unfortunately no. I'm going off what his employer told him. After a quick search I found this:
    "Title 18 Setcion 926(a). The peacable journey law.
    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
    PART I--CRIMES
    CHAPTER 44--FIREARMS
    Sec. 926A. Interstate transportation of firearms
    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."

    I am not a lawyer and can't make heads or tales of this but several other sites have noted it and interpreted it in different ways. I am looking for someone to help me decipher this. To me it seems to read that if you are normally able to transport a weapon then it is legal as long as a state law doesn't prohibit it. What's bothering me is the encased unloaded part. What use is an encased unloaded weapon?!?
    Last edited by Sorcice; 09-15-2012 at 06:35 AM.

  5. #5
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Sorcice View Post
    Unfortunately no. I'm going off what his employer told him. After a quick search I found this:
    "Title 18 Setcion 926(a). The peacable journey law.
    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
    PART I--CRIMES
    CHAPTER 44--FIREARMS
    Sec. 926A. Interstate transportation of firearms
    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."

    I am not a lawyer and can't make heads or tales of this but several other sites have noted it and interpreted it in different ways. I am looking for someone to help me decipher this. To me it seems to read that if you are normally able to transport a weapon then it is legal as long as a state law doesn't prohibit it. What's bothering me is the encased unloaded part. What use is an encased unloaded weapon?!?
    That law is referring to traveling through states that do not allow one to have a gun on their person or in their vehicle. It essentially gives free passage, subject to certain conditions. Generally, application does not apply (not needed) to those states where it is legal to possess or to carry.
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    Quote Originally Posted by Sorcice View Post
    Unfortunately no. I'm going off what his employer told him. After a quick search I found this:
    "Title 18 Setcion 926(a). The peacable journey law.
    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
    PART I--CRIMES
    CHAPTER 44--FIREARMS
    Sec. 926A. Interstate transportation of firearms
    Notwithstanding any other provision of any law or any rule . . .
    There is no federal law banning generally gun carry by truck drivers. 18 USC 926A is a federal SHIELD against prosecution by states provided one complies with the safe harbor provisions of 18 USC 926A.

    Having said that, several states still bar carriage of guns on or abot your person even if you have every concealed carry permit possible for you to apply for - in those states, the truck driver may possess a firearm on a journey through a state per terms of 18 USC 926A but it gets tricky if the driver is mainly there on intra-state business - it's not clear if the shield of 18 USC 926A would work.

    Additionally, some employers may bar gun carry as a matter of work rules.

  7. #7
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    The myth of this non-existent law is perpetuated by instructors at truck driving schools. There is no federal law prohibiting "professional" drivers from carrying what "non-professional" drivers can.

    A caveat to this is if your grandfather drives a company owned truck. In many(all?) states an employer can prohibit weapons in it's own vehicles operated by their employees.

  8. #8
    Regular Member Sorcice's Avatar
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    Professional transport carry.

    It's a personal truck. They just slap large magnetic logos on the side.
    Thanks a ton everyone!

  9. #9
    Regular Member hermannr's Avatar
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    There is no federal law that states he cannot carry, there is a federal law that states he can transport from a point he can carry to another point where he can carry, through states where he cannot...but he need to know the rules.

    He also needs to know the rules of each state he will tansport through...www.hangunlaw.us is probably the best place to get information on the laws of the individual states/

  10. #10
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    Professional transport carry.

    I'm a truck driver. It is mind numbing trying to figure out the rules for every state.
    I gave up on it when I realized that in some states, my brother which team drives with me has a felony.
    In some states he can be charged with a felony in possession of a firearm even if it is on me and I claim it. This is insane. I have to give up my right to protect myself and my brother, so he is protected from the law. To top it off my company has been hijacked around a dozen times.

  11. #11
    Regular Member Sorcice's Avatar
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    Professional transport carry.

    Wow sorry to hear that Matt. That's pretty ******. Thanks again for the info guys!

  12. #12
    Regular Member WalkingWolf's Avatar
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    I was a independent truck driver for a while, and I always had a handgun with me. Many trucking companies do not allow firearms, ports and military bases do not allow firearms. Some warehouses and mills or factories do not allow firearms. The thing to remember is if they ask to search say no, then leave. The only place that actually searched our trucks was the military base. If you are going on federal property you should find some place to store your gun temporarily. Or check with the MPs to see if you can leave the gun with them in a locked case. Make sure to get a receipt. Some truck stops have lockers, I have put mine in a locker until I was done delivering to a base.
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  13. #13
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Matt2908 View Post
    I'm a truck driver. It is mind numbing trying to figure out the rules for every state.
    I gave up on it when I realized that in some states, my brother which team drives with me has a felony.
    In some states he can be charged with a felony in possession of a firearm even if it is on me and I claim it. This is insane. I have to give up my right to protect myself and my brother, so he is protected from the law. To top it off my company has been hijacked around a dozen times.
    As long as you have control of the firearm I don't think a charge against him would stick, INAL though. Most states you should be able to have a antique firearm since it is legal in most states for a felon to own an antique firearm.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  14. #14
    Regular Member Redbaron007's Avatar
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    Here is a conversation from another thread.

    No federal law prohibits carrying of a firearm as a professional driver....no difference between 4 & 18 wheel driver. States...different story....the thread above has a good convo on it.
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