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Thread: commercial vehicle?

  1. #1
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    commercial vehicle?

    I am told by the Ohio State police you may not carry in a commercial vehicle, I cannot find this in Ohio law. Is this true?

  2. #2
    Regular Member usamarshal's Avatar
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    Kinda suprised that OSP didn't give you the correct answer....OSP officers are known to know the traffic ORC laws very well. Of course now that the city Dayton will be hiring potential applicants that fail a civil service exam it really doesn't suprise me I guess...haha

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    Thanks for the reply, do you want to dispute the following?



    http://codes.ohio.gov/orc/2923.16

    E) No person who has been issued a license or temporary emergency license to
    carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised
    Code shall do any of the following:

    (3) If the person is the driver or an occupant of a motor vehicle that is
    stopped as a result of a traffic stop or a stop for another law enforcement
    purpose or is the driver or an occupant of a commercial motor vehicle that is
    stopped by an employee of the motor carrier enforcement unit for the purposes
    defined in section 5503.34 of the Revised Code, and if the person is
    transporting or has a loaded handgun in the motor vehicle or commercial motor
    vehicle in any manner, fail to do any of the following that is applicable:
    (a) If the person is the driver or an occupant of a motor vehicle stopped as
    a result of a traffic stop or a stop for another law enforcement purpose,
    fail to promptly inform any law enforcement officer who approaches the
    vehicle while stopped that the person has been issued a license or temporary
    emergency license to carry a concealed handgun and that the person then
    possesses or has a loaded handgun in the motor vehicle;
    (b) If the person is the driver or an occupant of a commercial motor vehicle
    stopped by an employee of the motor carrier enforcement unit for any of the
    defined purposes, fail to promptly inform the employee of the unit who
    approaches the vehicle while stopped that the person has been issued a
    license or temporary emergency license to carry a concealed handgun and that
    the person then possesses or has a loaded handgun in the commercial motor
    vehicle.


    I think who ever responded to you before was referring to Federal restrictions. Operators of commercial vehicles are not prohibited to carry concealed firearms if they have a valid permit under Ohio Law. I have been told there are Federal prohibitions against concealed carry. Ohio Troopers only enforce Ohio ORC.

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    not in ORC

    I am fairly certain the reason you can not find the law against it in the ORC is because it is a federal law.
    why do school shootings happen.... for the same reason they never happen at a shooting range.

  5. #5
    Regular Member Rick H's Avatar
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    Title 18 Setcion 926(a). The peacable journey law.
    Sec. 926A. Interstate transportation of firearms.
    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.

    Also remember this is Federal and could put you in Federal Prison.
    Last edited by Rick H; 03-31-2011 at 04:10 AM.
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    There is no Federal law about concealed carry in a commercial vehicle.

    If the driver has a permit to carry and it's recognized by the state that the driver is in, it's legal. If the driver does not have a permit that is recognized, the gun must then be transported under the rules of the Sec. 926A. Interstate transportation of firearms and/or under the laws of the state the driver is in.

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    Quote Originally Posted by flb_78 View Post
    There is no Federal law about concealed carry in a commercial vehicle.

    If the driver has a permit to carry and it's recognized by the state that the driver is in, it's legal. If the driver does not have a permit that is recognized, the gun must then be transported under the rules of the Sec. 926A. Interstate transportation of firearms and/or under the laws of the state the driver is in.
    You then run into a problem if you have to pick up or deliver in a state like NJ...where the state statute only allows transporting to/from very specific locations...range/repair/home...

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    Quote Originally Posted by mrjam2jab View Post
    You then run into a problem if you have to pick up or deliver in a state like NJ...where the state statute only allows transporting to/from very specific locations...range/repair/home...
    yup, that's why I put the "or under the laws of the state the driver is in."

    One has to know the laws about where they are traveling to.

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    Regular Member Rick H's Avatar
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    Quote Originally Posted by NavyLT View Post
    So, are you saying that if I am traveling interstate (between states) and I don't comply with FOPA that I can be put in Federal prison?
    If operating a Big truck (Commerical) Yes, anything relating to federal law can be held under Federal law but not always done, most times they will charge you under state law. I myself would rather go to federal Prison though, They have much nicer prisons......lol, I would rather not go to any. I like my freedom.
    Last edited by Rick H; 03-30-2011 at 11:57 PM.
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  10. #10
    Regular Member Rick H's Avatar
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    Quote Originally Posted by NavyLT View Post
    You seem to have a misconception regarding FOPA (18 USC 926A). FOPA is a protection against restrictive state laws, such as in New York. Using New York as an example, a traveler driving from Vermont to Pennsylvania would be required to utilize FOPA to transport a handgun through New York. The traveler may very well possess a PA non-resident CCW permit, meaning they would be legal to carry their handgun concealed, on their person, during their travel in both VT and PA, except in New York. In New York, a New York permit is required to even possess the handgun. So, without FOPA there would be no legal method to transport the handgun from Vermont to PA, through New York.

    FOPA, as an OPTION allows that person to unload their gun, lock the gun and ammo in the trunk, and transport it through New York. Now, they are still violating New York state law, and New York may very well prosecute them (and has prosecuted people) for illegal possession of a firearm. But, if that person appeals his case to a Federal court, the Federal court must overturn the state court's ruling and find the person not guilty because of the protection that FOPA offers.

    Now, let's say a traveler is traveling from Washington state, to Montana, through Idaho. Even with no CCW permit at all, that traveler has no need to comply with FOPA. Why? Because a person can have an unloaded handgun in the passenger compartment of a vehicle, if they desire, in Washington state without any permit at all. In Idaho and Montana, they can have the gun loaded in plain sight in the passenger compartment of the vehicle. In this case, state law is LESS restrictive than FOPA, and the person can comply with the state laws on their trip, completely disregarding FOPA with no fear at all of a Federal violation and going to Federal prison.

    You will notice the wording of FOPA is "a person is entitled to transport a firearm". FOPA does NOT say, "A person is REQUIRED to transport a firearm". The word is ENTITLED, which is permissive. Their is nothing prohibitive in 18 USC 926A at all. There is no Federal penalty for not complying with FOPA. The only requirement is that IF a person desires to be under the OPTIONAL protection of FOPA, they may do so by unloading the gun and separating the gun and ammo from the passengers via a locked compartment or case. THEN the PROTECTION of FOPA is OFFERED as an OPTION to state law.

    The only place that you can go to Federal prision for not complying with FOPA is in Washington D.C. because D.C. is under the jurisdiction of the Federal government. Anywhere else that you choose to not utilize FOPA, that only laws that you violate will be state laws.

    If we went with your theory, Rick, then any person crossing state lines with a firearm would be required to unload and lock up that firearm when doing so... which simply is not true.... regardless of if they are in a commercial or private vehicle. When traveling between states, a person has the CHOICE of complying with each state's laws as they enter that state, or complying with FOPA as they travel through a state. But there is no Federal penalty for not complying with FOPA, except for traveling through Washington D.C. without complying with D.C. laws.
    except for traveling through Washington D.C. without complying with D.C. laws.
    Well there you have it then ONE example. And now where did I say any specific state or place. All I said was is that you could be charged is that not true. also if you are driving a Commercial Vehicle that requires a CDL (Certified Drivers License)or not then yes, any and everything you do is under the Federal Regulation Guidelines which can result in a Federal violation, Everything that is required under a CDL or Commercial Vehicle is under the Federal Government Rules and Regulations.

    Like driving a Big Truck, A DUI under the Federal Guidelines is 0.04 where as a non commercial is 0.08

    Anything done in a Commercial vehicle is under Federal Laws and Regulations guidlines and the twice above post is from the Federal Laws and Regulations book that has to be in every Commercial vehicle on the road again Federal law.

    If you want to get the real answer then get in touch with an Attorney that knows Federal Laws as well as Commercial Vehicles laws . Thats what I did and was told. Different interpretations of the law I guess is what you will get. I have been a driver since before CDL's came out and ??????
    Last edited by Rick H; 03-31-2011 at 04:25 AM.
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    Quote Originally Posted by NavyLT View Post
    But there is no Federal penalty for not complying with FOPA, except for traveling through Washington D.C. without complying with D.C. laws.

    FOPA doesn't work going thru D.C.?

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    Quote Originally Posted by NavyLT View Post
    ...In Idaho and Montana, they can have the gun loaded in plain sight in the passenger compartment of the vehicle...
    traveling from Washington state, to Montana, through Idaho

    May I carry a firearm in my vehicle [in Idaho] without a concealed weapons permit?

    You may carry a firearm in your vehicle inside the city limits or confines of a city, as long as it is in plain view, loaded or unloaded. But if you are going to conceal it, the firearm must be disassembled or unloaded.

    If you are outside the city limits or confines of a city...you are not required to have a concealed weapons permit.

    http://www.ag.idaho.gov/concealedWea...ons_index.html

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    Accomplished Advocate color of law's Avatar
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    I didn't know that the feds issued federal CDL licenses......

    And I didn't know that CDL drivers gave up their Constitutional rights when they placed their butts in the drivers seat....

    Live and learn.....

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    Regular Member Rick H's Avatar
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    Quote Originally Posted by color of law View Post
    I didn't know that the feds issued federal CDL licenses......

    And I didn't know that CDL drivers gave up their Constitutional rights when they placed their butts in the drivers seat....

    Live and learn.....
    Same goes for on Airlines, right? FAA = Federal Aviation Administration
    The Feds do NOT issue them but make all the rules. FMCSA = The Federal Motor Carrier Safety Administration
    Last edited by Rick H; 04-02-2011 at 01:55 AM.
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    Regular Member papa bear's Avatar
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    This issue was hashed out in a previous threads. i come from a family of commercial drivers. my son drives for a company in VA and i was concerned for him making his drops behind strip malls i the wee hours of the morning since there have been cites already on here, i will not post any. after all the research was done it was determined that under interstate laws, the carry of a firearm was the same as a private/personal vehicle. you are allowed as to the local or state laws apply. such as NC and in VA you can carry openly but only concealed with a permit. in NY it must be in a separate compartment. seems like in NJ you could travel with it unless you stopped, then you are subject to the local laws (not sure about that one)..
    unfortunately, his wife won't let him carry because she is afraid of him losing his job . i told him to check and see how much life insurance she had on him
    did i see a cite where OH laws say you can not have a firearm in the vehicle

  16. #16
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by NavyLT View Post
    Ohio laws only require that you notify enforcement personnel IF you are carrying a firearm in a commercial vehicle.
    Only required in commercial vehicles?????? I think not.......In any vehicle including a riding lawn mower....

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    Considering the horror stories I have read on other forums about OSP encounters, and the fact that the OSP comes out against every piece of pro-gun legislation in Ohio They would be the LAST people I would ask about Ohio's gun laws. They as an organization are quite ignorant unless it's a common arrestable offense, and are decidedly anti-gun.
    What you were told by them is a bald faced lie.

    Chris

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    Campaign Veteran ak56's Avatar
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    Quote Originally Posted by Skunk View Post
    What you were told by them is a bald faced lie.

    Chris
    Quote Originally Posted by NavyLT View Post
    How do you know he/she was bald?
    Actually, Skunk said bald faced.

    I'm guessing they have a rule against beards and mustaches.
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


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    Quote Originally Posted by ak56 View Post
    Actually, Skunk said bald faced.

    I'm guessing they have a rule against beards and mustaches.
    Let me put it another way... The OSP is full of crap, and doesn't know what they are talking about.

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    Quote Originally Posted by Skunk View Post
    Let me put it another way... The OSP is full of crap, and doesn't know what they are talking about.
    Please ALWAYS refer to them as the OSHP
    Ohio
    State
    HIGHWAY
    Patrol

    They would very much LIKE TO be the Ohio State Police, but they are not.

    Bill
    Just shut up and pay your dues

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