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commercial vehicle carry???

nate0486

Regular Member
Joined
Mar 28, 2010
Messages
96
Location
roseville, Michigan, USA
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!!
 

sprinklerguy28

Regular Member
Joined
Dec 9, 2009
Messages
666
Location
Michigan
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.
 

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
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/CommercialVehiclesAndFirerarms.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.
 

kyleplusitunes

Regular Member
Joined
Aug 12, 2009
Messages
532
Location
Lennon Michigan, ,
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.
 

lil_freak_66

Regular Member
Joined
Sep 8, 2008
Messages
1,799
Location
Mason, Michigan
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?
 

nate0486

Regular Member
Joined
Mar 28, 2010
Messages
96
Location
roseville, Michigan, USA
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.
 

Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
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.
 

Bronson

Regular Member
Joined
Jul 14, 2008
Messages
2,126
Location
Battle Creek, Michigan, USA
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
 

Bailenforcer

Regular Member
Joined
Nov 3, 2009
Messages
1,077
Location
City
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.

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!!
 

1Grizzly1

Regular Member
Joined
Oct 31, 2009
Messages
54
Location
Layton, Utah, USA
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.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
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.
 

SlowDog

Regular Member
Joined
Aug 17, 2009
Messages
424
Location
Redford, Michigan, USA
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.
 

Bronson

Regular Member
Joined
Jul 14, 2008
Messages
2,126
Location
Battle Creek, Michigan, USA
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
 

hopnpop

Regular Member
Joined
May 18, 2009
Messages
630
Location
Paw Paw, Michigan, USA
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.
 

MedicineMan

Regular Member
Joined
Jun 9, 2008
Messages
117
Location
Marion, Mississippi, USA
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.
 
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