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Thread: commercial vehicle carry???

  1. #1
    Regular Member nate0486's Avatar
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    commercial vehicle carry???

    I have been trying to find laws on carrying in a commercial vehicle but google has failed me and i cant seem to find a straight forward answer. My buddies just started a over the road car transportation business and want to know if they can carry in their trucks. I was wondering if any of you great people know the answer or where I can find out.


    Thanks!!

  2. #2
    Regular Member sprinklerguy28's Avatar
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    You can carry in a commercial vehicle just like any other vehicle. Know the laws of the states traveling through and if it is a company owned vehicle that company can have policies in regards to firearm possession just like any other employer.

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    The presence or absence of a CPL is important. The states they travel through must recognize the permits. And they will have to be familiar with the laws of each state. Check each states forums for those.

  4. #4
    State Researcher Bill Starks's Avatar
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    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.

    To read letter from Office of Hazardous Materials Standards that firearms do not fall under hazardous materials in commercial vehicles, click this link:
    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.
    Do you want to get your Oregon Concealed Handgun License? Sheriff Dickerson of Columbia County Oregon will be at the Puyallup WAC show in October. Everything you need to get your Oregon CHL is linked through the website or you can use the information from the website and make an appointment and apply at his office in St Helens, Oregon.
    http://www.washingtongunrights.com/ccso

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    Regular Member kyleplusitunes's Avatar
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    I am actively employed as a CMV driver, currently local, I carry every day on the job.

    I carried in my OTR truck also, however, when you enter a state where concealed carry is prohibited, you are required to carry it as outlined by the state.

    I.E. when I went through illinois i had to dismantle my gun and lock it under my bunk.

    Also, if you are a driver who travels in the city of chicago, leave your gun at home, at least before the SCOTUS ruling.

  6. #6
    Regular Member lil_freak_66's Avatar
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    Quote Originally Posted by kyleplusitunes View Post
    I am actively employed as a CMV driver, currently local, I carry every day on the job.

    I carried in my OTR truck also, however, when you enter a state where concealed carry is prohibited, you are required to carry it as outlined by the state.

    I.E. when I went through illinois i had to dismantle my gun and lock it under my bunk.

    Also, if you are a driver who travels in the city of chicago, leave your gun at home, at least before the SCOTUS ruling.
    i think we got the ruling last week?
    not a lawyer, dont take anything i say as legal advice.


  7. #7
    Regular Member nate0486's Avatar
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    Thanks for all the feedback. This is pretty much exactly what I was looking for. They both have CPL's and they own the trucks so there is no company rule against carry as they own the trucks and the company.

  8. #8
    Regular Member Michigander's Avatar
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    Quote Originally Posted by kyleplusitunes View Post
    Also, if you are a driver who travels in the city of chicago, leave your gun at home, at least before the SCOTUS ruling.
    Traveling through vs traveling to is the difference that counts under the federal firearm owners protection act. You can travel with a cased, unloaded and locked gun as prescribed by the act through DC, Chicago, LA, New York City and anywhere else. But if that's your destination, the law won't help you.

  9. #9
    Regular Member Bronson's Avatar
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    Quote Originally Posted by Michigander View Post
    Traveling through vs traveling to is the difference that counts under the federal firearm owners protection act. You can travel with a cased, unloaded and locked gun as prescribed by the act through DC, Chicago, LA, New York City and anywhere else. But if that's your destination, the law won't help you.
    Just don't break down in any of those places and have to stay overnight. Wasn't there a guy who was flying through NJ, with a legally transported handgun in his checked luggage, that got jammed up because his flight got cancelled and he had to stay in NJ overnight?

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

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    i think it was an ex cop divorced and moving to Texas.springerdave.

  11. #11
    Regular Member Bailenforcer's Avatar
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    I know several OTR drivers who carry and they told me as long as they obey the laws of said state all is fine. So as far as I know there is no prohibitions. I also carried CC for years in a commercial vehicle.

    Quote Originally Posted by nate0486 View Post
    I have been trying to find laws on carrying in a commercial vehicle but google has failed me and i cant seem to find a straight forward answer. My buddies just started a over the road car transportation business and want to know if they can carry in their trucks. I was wondering if any of you great people know the answer or where I can find out.


    Thanks!!
    Exo 22:2 "If anyone catches a thief breaking in and hits him so that he dies, he is not guilty of murder.
    Luke 22:36: "Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one." Luk 11:21 "When a strong man, with all his weapons ready, guards his own house, all his belongings are safe.

  12. #12
    Regular Member 1Grizzly1's Avatar
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    I am an OTR driver and I carry. I have a Utah permit and follow the laws of the states I run in. I have even had a DOT inspection with my gun on my hip. I informed the officer I was armed and showed my permit. There were no hassles.

  13. #13
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by kyleplusitunes View Post
    I am actively employed as a CMV driver, currently local, I carry every day on the job.

    I carried in my OTR truck also, however, when you enter a state where concealed carry is prohibited, you are required to carry it as outlined by the state.

    I.E. when I went through illinois i had to dismantle my gun and lock it under my bunk.

    Also, if you are a driver who travels in the city of chicago, leave your gun at home, at least before the SCOTUS ruling.
    I personally always bring my G23 w/ me when I travel through Illinois. I remove the slide but keep a loaded mag "loose" in it (of course I don't have a round in the chamber) Inserting the slide, pushing the mag firmly in, and racking it doesn't take me long AND the nice thing is, I am allowed to carry openly or concealed with this disassembled pistol.
    How?
    There are 3 ways to be exempt from Unlawful Use of Weapons (Illinois Law regarding Firearms) while transporting your firearm; any ONE of these three is enough to be exempt. The three are:

    1. Break down the firearm so that it can't function.
    2. Put the firearm somewhere "inaccessible."
    3. Illinois resident w/ FOID card: unload your firearm and enclose it in a case, box, shipping box or other container.

    You must do only 1 of those things to be exempt while transporting a firearm in Illinois.

    See: People v. Hesler
    http://www.state.il.us/Court/Opinion...ML/4951005.txt

    Although Hesler lost his case because they thought that he had only taken the revolver apart when he approached the LEO, the Illinois Appellate Court examined the issue of how one can legally transport a firearm.
    Mr. Hesler went through a "Roadside Safety Check" in Vermilion County in 1994. Hesler had a revolver on his truck seat next to him and when the officer checked on Hesler, he saw the cylinder-less revolver lying in plain sight. He got Hesler out of the truck and searched and found the cylinder lying on the floor with six rounds in at.

    Hesler argued that he had removed the cylinder from the revolver before going on his drive. Therefore,the revolver was "broken down in a non-functioning state and covered under the aforementioned exemption.

    The state made two arguments:
    1. The officer believed Hesler had been transporting the gun in one piece until he was stopped, at which point he quickly disassembled it. Defendant was still guilty of transporting the gun. Their reasoning was that the cylinder was on the floor, ammo had dropped out, and no one in their right mind would actually be transporting with ammo falling on the floor.

    2. Even if #1 were not true, the defendant is still guilty because the revolver ALSO needs to be "inaccessible".

    The trial court agreed with the prosecutor and Hesler was convicted.
    Hesler appealed.

    The Appellate Court found that argument #2 was invalid; the statute says there are 3 independent ways to transport a firearm in Illinois. The conviction was upheld, though, because the APPELLATE court is required to examine the case in the light most favorable to the prosecution, and in that light, they found argument #1 persuasive.

    From the Hesler Case:
    Quote:

    Defendant relies upon People v. Freeman, 196 Ill. App.
    3d 370, 553 N.E.2d 780 (1990). In Freeman, the defendant's car
    was stopped because it did not have a functioning license plate
    light. The police officer claimed that, as he approached the
    car, he saw the defendant making movements that suggested to the
    police officer that the defendant was sticking something in his
    pocket. Upon finding that the defendant did not have a valid
    driver's license, the defendant was arrested and searched. The
    cylinder to a revolver was found in the defendant's left pants
    pocket, and a revolver was found under a cardboard box on the
    front seat. The trial court did not believe the police officer's
    testimony that the defendant disassembled the gun upon the
    officer's approach. Nonetheless, the trial court convicted the
    defendant because of the court's belief that the pistol was
    within the defendant's immediate control. The appellate court
    reversed because a "broken down, cylinderless pistol, incapable
    of being fired, not in immediate operating condition, and not
    immediately accessible" does not fall within the purview of the
    unlawful use of weapons statute. Freeman, 196 Ill. App. 3d at
    373, 553 N.E.2d at 782.
    Freeman is confusing, as it seems to mix the exemptions
    found in section 24-2(b)(4) of the Code. As noted, however, that
    subsection states that section 24-1(a)(4) does not apply or
    affect the "[t]ransportation of weapons that are broken down in a
    non-functioning state or are not immediately accessible."
    (Emphasis added.) 720 ILCS 5/24-2(b)(4) (West 1994). Whether
    the weapon is broken down and whether the weapon is inaccessible
    constitute separate exceptions.

    There are at least three ways an average citizen can
    legally transport a firearm. First, the possessor of a valid
    firearm owner's identification card (FOID card) can legally
    transport an unloaded firearm so long as it is enclosed in a
    container. 720 ILCS 5/24-2(i) (West 1994); People v. Bruner, 285
    Ill. App. 3d 39, 42-43, 675 N.E.2d 654, 656 (1996). Second, a
    person can legally transport a firearm by placing it in an area
    that is not immediately accessible, such as a locked trunk. 720
    ILCS 5/24-2(b)(4) (West 1994). Finally, a person can legally
    transport a firearm that is "broken down in a non-functioning
    state." 720 ILCS 5/24-2(b)(4) (West 1994). The first two
    methods are inapplicable to the instant case, and defendant does
    not argue otherwise. Rather, defendant argues that he proved, by
    a preponderance of the evidence, that he was entitled to the
    "broken down" exemption.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  14. #14
    Regular Member SlowDog's Avatar
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    As I have mentioned numerous times....I am an OTR driver and I carry a weapon with me most of the time. Only time I don't is when I know I am going onto a Gov. reservation or into a Nuculear power station.As mentioned b4 you must know and follow the rules of each state you are traveling thru. But also remember if you aren't breaking any laws while driving then the chances of you having a LEO interaction is slim to none. I too have been inspected by DOT while armed. Only one time was I hassled and that was in Iowa. They cuffed me and told me it was illegal to carry weapons in a commercial vehicle. I was otw out west to go Elk hunting and had them in a travel box locked, disassembled and no ammo in truck. They held me for over 3 hours but finally found out I was in the right and apologized to me and we talked about it for a bit and I was on my way.

  15. #15
    Regular Member Bronson's Avatar
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    Quote Originally Posted by DrTodd View Post
    There are 3 ways to be exempt from Unlawful Use of Weapons (Illinois Law regarding Firearms) while transporting your firearm; any ONE of these three is enough to be exempt. The three are:

    1. Break down the firearm so that it can't function.
    2. Put the firearm somewhere "inaccessible."
    3. Illinois resident w/ FOID card: unload your firearm and enclose it in a case, box, shipping box or other container.

    You must do only 1 of those things to be exempt while transporting a firearm in Illinois.
    Good to know. While not my first choice of self-defense firearm my little Bersa .380 reassembles in a snap.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

  16. #16
    Regular Member autosurgeon's Avatar
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    Same with my vz82! or my NAA Pug
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  17. #17
    Regular Member hopnpop's Avatar
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    I wrote this same inquiry to the MSP website and Tim (or Tom) Deasy replied promptly, telling me that there's nothing in written law prohibiting the carry of a pistol in commercial vehicles. Again, it falls back to abiding by the laws of whatever state you may be driving thru. If staying on MICHIGAN roads, there's nothing but possibly your own company policy prohibiting you from carrying in a commercial vehicle. It was against my company policy but not against the law, so I carried anyway. I'm willing to break a rule, not the law.
    No one has ever walked away from a gunfight complaining that he brought too much ammo.

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    cool avatar .lol

  19. #19
    Regular Member marionmedic's Avatar
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    There is NO federal law prohibiting possession of a firearm in a commercial vehicle. Period! That is a myth that has been around for years. Although some companies and driving schools make reference to the federal law in their handbooks, it does not exist. If you run across someone who insists it does exist, ask them to show it to you. There are most definitely company policies against possessing firearms in their trucks, and that is an issue between the driver and company. In addition, gun laws will change from state to state in your travels. It is a good idea to check the gun laws in the various states you intend to pass through before going.

    There is no law forbiding it. You fall under the same laws as any citizen would. Here's a good website that will show what states honor your CCW permit. Just click on the Permit Maps tab.

    http://www.usacarry.com/index.php



    There is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so.
    (and the policies set forth by the "companies" are NOT "LAWS", just rules.)

    The actual Federal Law is listed below:

    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.
    What part of "SHALL NOT BE INFRINGED" is so hard to understand ???


    James: Ain't this a little showy, Pa? I mean with the guns out an' all?

    Big Jake: James, don't be fooled. They all know what's in this box, and they all want it. what we're doin' with this audacious DISplay is tellin' 'em they can't have it. Who knows, we may be savin' some poor miscreant soul's life this way.

    www.dixieleather.com - www.dixiepreparedness.org

  20. #20
    Campaign Veteran smellslikemichigan's Avatar
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    nice necropost to answer a question that had already been answered in the thread
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  21. #21
    Regular Member marionmedic's Avatar
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    Quote Originally Posted by smellslikemichigan View Post
    nice necropost to answer a question that had already been answered in the thread
    Thanks.
    Glad you liked it.

    I also hope the TRUCK DRIVERS that I referred to this forum from a trucking forum appreciate the information being easily found.
    What part of "SHALL NOT BE INFRINGED" is so hard to understand ???


    James: Ain't this a little showy, Pa? I mean with the guns out an' all?

    Big Jake: James, don't be fooled. They all know what's in this box, and they all want it. what we're doin' with this audacious DISplay is tellin' 'em they can't have it. Who knows, we may be savin' some poor miscreant soul's life this way.

    www.dixieleather.com - www.dixiepreparedness.org

  22. #22
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    [insert overreaction with a piss poor attitude and lots of sarcasm to someone posting in a slightly old thread here]

    Last edited by kubel; 02-06-2011 at 01:20 PM.

  23. #23
    Regular Member xmanhockey7's Avatar
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    Federal Law:
    Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console.

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