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Thread: Can truck drivers arm themselves?

  1. #1
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    Can truck drivers arm themselves? I ask this, because I have heard (from unreliable sources) that U.S. Law prohibits the carry of employees who fall under the description of being under Department of Transportation.

    I know on one level, the agency may have a policy against employees being armed while on the job, but are there laws in place to restrict truck drivers from carrying as well?

    I believe any law that prohibits carry regarding any type of employment, is completely unconstitutional, and makes absolutely no sense at all. I do not believe Congress should intervene in private business and restrict their constitutional rights. How this is even possible is beyond me.

    Example - Washington State Law restricting sub contracting security and private investigation agencies of their rights, unless they obtain the proper licensing and training. Any firearm restrictions regarding employment should be left up to the business itself, not Congress.

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    I believe it goes something like. If the truck driver can carry a weapon in either state. For example he has a utah and washington state cpl. He may drive through any intervening state so long as he doesn't make any extranious stops(stopping in california to visit disney world).

    Weither he is supposed to because of company policy is another matter, and at most he can lose his job.

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    That's what I would think, but I heard that Congress had made laws restricting firearm possession to companies who fell under DOT. Not sure if it's correct or not

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    Seems too shady to me. Just because a company has trucks that drive on a road maintained by the DOT doesn't mean they are employees of the DOT. Otherwise we would all be DOT workers, no? And just out of curiosity, which RCWs restrict private investigators and the like?

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    We got so many laws coming outta our ears you can't roll out bed in the morning without breaking a few on the way down.

    "There aught to be a law." is our second motto

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    It's a common misconception, taught by firearms instructors and preached by gun counter goons.

    No one has ever been able to produce the USC or CFR that says truck drivers can't carry guns.

    Somewhere on one of the gun forums is even a letter from the DOT saying there is no such law.

    Search at TFL or THR or the other popular forums and you will find the answer.

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    That's what I thought, Dean. I was curious as to where this rumor began, and if anyone here had heard it in the past.

    There are RCWs, however, that restrict security and investigation agencies from carrying armed unless they're "properly licensed" and "trained". Even then, they are only permitted to carry a firearm issued to them by their employer. I don't agree with that.

    I will see if I can find it. No promises if I can find it, but I'll look in a minute.

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    RCW 18.170.160Licenses required — Use of public law enforcement insignia prohibited — Penalties — Enforcement.
    (1) After June 30, 1992, any person who performs the functions and duties of a private security guard in this state without being licensed in accordance with this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any other licensee, or any person who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor.

    ...
    ...
    ...
    ...

    (4) After June 30, 1992, a person is guilty of a gross misdemeanor if he or she performs the functions and duties of an armed private security guard in this state unless the person holds a valid armed private security guard license issued by the department.

    Exemptions are security guards or loss prevention agents employed exclusively to one business, ie retail loss prevention/security.

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    Regular Member UtahRSO's Avatar
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    Some years ago, I talked with a long-haul driver about carrying on his trips. He said he would be dead if he had not had a pistol available. So he carried, against the laws of many states he would go through.

    With all the checks drivers have to go through all the time, he got to know some LEOs pretty well, and he was sure they knew he carried. But they did nothing about it, knowing the danger he faced from people who would be willing to kill him to get his load or for who-knows-whatever other reasons.

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    Regular Member 1Grizzly1's Avatar
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    I am a long haul truck driver and I carry my firearm with me in the truck. There is no law prohibiting it. The laws that govern having a gun in a truck are the same as the laws about having one in a car. I have had D.O.T. inspections with my firearm on my hip. I informed the inspecting officers and there was no problem. I should mention I have a Utah CFP.

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    So basically, the individual I heard this from was just highly misinformed. I have never read any U.S. or Washington State Law regarding this.

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    nofoa wrote:
    I believe it goes something like. If the truck driver can carry a weapon in either state. For example he has a utah and washington state cpl. He may drive through any intervening state so long as he doesn't make any extranious stops(stopping in california to visit disney world).

    Weither he is supposed to because of company policy is another matter, and at most he can lose his job.
    Unless you can post anything that says he can drive through states that do honor his CPL I'm gonna have to call BS. You must follow the laws of the state you are in regardless of destination or starting point. If you cannot legally have a loaded pistol in the state you are currently in, then you are in violation of the law if your pistol is loaded (or in some other illegal configuration according to the current state occupied).

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    Regular Member Metalhead47's Avatar
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    Jayd1981 wrote:
    nofoa wrote:
    I believe it goes something like. If the truck driver can carry a weapon in either state. For example he has a utah and washington state cpl. He may drive through any intervening state so long as he doesn't make any extranious stops(stopping in california to visit disney world).

    Weither he is supposed to because of company policy is another matter, and at most he can lose his job.
    Unless you can post anything that says he can drive through states that do honor his CPL I'm gonna have to call BS. You must follow the laws of the state you are in regardless of destination or starting point. If you cannot legally have a loaded pistol in the state you are currently in, then you are in violation of the law if your pistol is loaded (or in some other illegal configuration according to the current state occupied).
    I think maybe he's thinking of the federal law that permits transporting a firearm (locked up & unloaded) through a state (like NY, that requires licensing & registration to carry) if you're just passing through.

    Aaron: Truck drivers are (generally) NOT DOT employees. Most of them are basically private contractors & can do pretty much what they want in their own truck as long as it's in line with the laws of the state they happen to be in at the time. Many probably have multiple CPls covering as many state as possible, and I'm sure plenty (like the dude said) carry regardless of the state laws, since they're such a mishmosh.
    It is very wise to not take a watermelon lightly.

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    from www.handgunlaw.us

    Can a commercial truck driver carry a firearm in his/her rig?

    Answer: There is no federal law concerning commercial truck drivers and firearms. If
    you have the proper Permits/License and can legally carry in the state you are driving in or that state allows the carrying of firearms without a permit you are legal.


    A letter from Office of Hazardous Materials Standards that Firearms do not fall under hazardous materials in commercial vehicles.
    http://www.handgunlaw.us/documents/C...dFirerarms.pdf

    I have talked to many truck drivers about this and I have not heard of one trucking company that allows their drivers to carry a firearm while working.

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    M1Gunr wrote:
    from http://www.handgunlaw.us

    Can a commercial truck driver carry a firearm in his/her rig?

    Answer: There is no federal law concerning commercial truck drivers and firearms. If
    you have the proper Permits/License and can legally carry in the state you are driving in or that state allows the carrying of firearms without a permit you are legal.


    A letter from Office of Hazardous Materials Standards that Firearms do not fall under hazardous materials in commercial vehicles.
    http://www.handgunlaw.us/documents/C...dFirerarms.pdf

    I have talked to many truck drivers about this and I have not heard of one trucking company that allows their drivers to carry a firearm while working.
    Same here, but I know that many of them do carry and have multiple permits.
    Live Free or Die!

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    Opt-Out Members BigDave's Avatar
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    I fully agree with the consensus here at there is no law prohibiting someone carrying a firearm in a semi truck.
    This is an area where trucking companies chime in as a condition of employment to insurance companies and of course those areas where firearms are restricted as Nuclear Sites, Military Bases Federal Facilities and so on.
    • Being prepared is to prepare, this is our responsibility.
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    There is no blanket law prohibiting Truck Drivers from carrying a firearm. They come under the laws of the State they are currently traveling in and employer rules if applicable. Many trucks enter federal facilities like the Trident Sub Base, Navy Support Facilities (Exchanges), various factory grounds, airports, etc., where firearms may actually be prohibited to carry/possess by ANYONE. Drivers who have encountered these prohibitions may have experessed blanket opinions that have led people to believe there might be such a law. Still doesn't exist.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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    Opt-Out Members BigDave's Avatar
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    amlevin wrote:
    There is no blanket law prohibiting Truck Drivers from carrying a firearm. They come under the laws of the State they are currently traveling in and employer rules if applicable. Many trucks enter federal facilities like the Trident Sub Base, Navy Support Facilities (Exchanges), various factory grounds, airports, etc., where firearms may actually be prohibited to carry/possess by ANYONE. Drivers who have encountered these prohibitions may have experessed blanket opinions that have led people to believe there might be such a law. Still doesn't exist.
    amlevin you are quite correct.

    When I brought this up a couple of years ago by a couple team drivers they swore up and down it was illegal to have a gun in their truck but when challenged to provide such law they were unable to do so but still maintain the idea it was illegal.

    Some will never learn.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member Just Us's Avatar
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    Federal doesn't regulate, and still must follow state laws that your in. After looking through regulations, a few months back I stopped at the state patrol headquarters in parkland and asked. It's the same as any other vehicle. Washington doesn't see a difference between Truck or Car in regards to firearm laws.

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    Campaign Veteran Bookman's Avatar
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    I'm confuzzled. Don't truck drivers already HAVE arms? Otherwise they'd have a heck of time trying to drive them big old thangs!:quirky
    "All that is required for evil to prevail is for good men to do nothing." - Edmund Burke


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