Results 1 to 11 of 11

Thread: firearm transport in commercial vehicle ?

  1. #1
    Regular Member
    Join Date
    May 2011
    Location
    NoVa
    Posts
    1

    firearm transport in commercial vehicle ?

    hello brothers!

    first i'd like to say that i've been creeping for a while but finally registered. this forum is awesome, plenty of good information in here.

    i'd like to know if someone knows the rules about transporting your firearm in a commercial vehicle?

    accoring to the state police website it says"
    As of July 1, 2010, a concealed handgun permit is not necessary when carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel."

    so does that mean, i can't transport it in the glovebox of my commercial truck?

    thanks for any input

  2. #2
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by miamiracing View Post
    hello brothers!

    first i'd like to say that i've been creeping for a while but finally registered. this forum is awesome, plenty of good information in here.

    i'd like to know if someone knows the rules about transporting your firearm in a commercial vehicle?

    accoring to the state police website it says"
    As of July 1, 2010, a concealed handgun permit is not necessary when carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel."

    so does that mean, i can't transport it in the glovebox of my commercial truck?

    thanks for any input
    Welcome to the forum!

    Here is the statute about carrying in a Secured container:

    § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
    10. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.


    That pretty well eliminates a Commercial Vehicle.

    I have no idea about Open carry though. I've always heard truckers complain that they can't have a weapon of any kind...but I don't know where that comes from.
    Last edited by peter nap; 05-06-2011 at 06:49 PM.

  3. #3
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    I've never bothered to try and research the laws regarding commercial vehicles, mainly because they are a hodgepodge of both state and federal laws thrown in with Va DMV and federal DOT regulations, but every trucker with a CDL that I've talked with has said there is no way to legally have a firearm in a commercial vehicle UNLESS you are an Armed Courier employed by a licensed security company. Some folks I knoiw that drive for LabCorp are Armed Couriers and carry, but they have DCJS "hard cards" and are actually employed by a security company that contracts with LabCorp. Others I know ride around in the rolling piggybanks delivering/picking up cash and coins.

    I know this is not a precise answer, but until we find someone who has researched the commercial transportation laws/regs it might be the fullest answer you are going to get.

    stay safe.

  4. #4
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705
    You know the ironic thing about this whole thread is that no matter what the laws might say, I have always assumed that virtually every trucker was armed. Maybe they put out a vibe to compensate for the fact that they aren't...

    ETA: I suspect the actual answer is that they are armed - with any number of non-firearm options for self-defense!

    TFred
    Last edited by TFred; 05-07-2011 at 12:20 AM.

  5. #5
    Regular Member scouser's Avatar
    Join Date
    Apr 2011
    Location
    VA
    Posts
    1,233
    Quote Originally Posted by peter nap
    ...I've always heard truckers complain that they can't have a weapon of any kind...but I don't know where that comes from.
    more often than not probably from their employer's policies. There isn't a federal law banning firearms in a commercial vehicle, but most employers will not allow their drivers to carry.

    I've never had problems with any law enforcement when carrying in a CMV

  6. #6
    Accomplished Advocate user's Avatar
    Join Date
    Feb 2009
    Location
    Northern Piedmont of Virginia
    Posts
    2,373
    Quote Originally Posted by skidmark View Post
    ...Some folks I knoiw that drive for LabCorp are Armed Couriers and carry, but they have DCJS "hard cards" and are actually employed by a security company that contracts with LabCorp....
    I can see that threat materializing: "Ok, turn over the urine samples or you die!"

    As an aside, I'd point out that the concealed weapon statute makes no distinction between firearms being "secured" in either private or commercial vehicles. Va. Code sxn 18.2-308.
    Last edited by user; 05-07-2011 at 07:54 AM.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  7. #7
    Regular Member
    Join Date
    Jul 2010
    Location
    Fairfax County VA
    Posts
    33
    Quote Originally Posted by user View Post
    As an aside, I'd point out that the concealed weapon statute makes no distinction between firearms being "secured" in either private or commercial vehicles. Va. Code sxn 18.2-308.
    Not to steer too far OT, but,
    While on the topic of CHP and "Secured Container", I've been wondering, if the firearm is secured in a container, and you do have a CHP and get pulled over, are you required to procure your CHP for 'concealing' a firearm in a secured container (presuming it is out of sight, ie glovebox)?

  8. #8
    Regular Member scouser's Avatar
    Join Date
    Apr 2011
    Location
    VA
    Posts
    1,233
    Quote Originally Posted by miamiracing
    accoring to the state police website it says"
    As of July 1, 2010, a concealed handgun permit is not necessary when carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel."

    so does that mean, i can't transport it in the glovebox of my commercial truck?

    thanks for any input
    Here (in italics below) are my thoughts on that quote. I'm not saying that I'm legally correct, just offering my interpretation on what is quoted.

    It says a CHP isn't needed to carry a handgun that is secured in a personal private vehicle. So you can hide your handgun in the glovebox of your own car and you don't need to have a CHP. Nowhere does it mention that a CHP holder can not have a handgun in a vehicle that does not belong to them, it only appears to address carrying secured in a container or compartment by someone who does not have a CHP. Therefore a CHP holder should be good to carry in any vehicle, whether they own it or not, unless expressly prohibited from doing so (ie Joe Public can't carry it with them on an aircraft), and they are in a State that recognizes their CHP.

    I think the reciprocity concerns (along with company policies) are what would prevent a lot of CDL holders carrying in commercial vehicles. I'm fortunate in my current job that I don't ever have to work in States that VA does not have reciprocity with (actually I don't even have to leave VA), and neither my company's employee handbook nor it's driver handbook make any mention of firearms, for or against.

  9. #9
    Regular Member promizkeeper's Avatar
    Join Date
    Jan 2008
    Location
    Dale City, VA, ,
    Posts
    63
    There are no DOT regulations concerning the carry of personal firearms on a commercial vehicle. But you are under the laws of whatever jurisdiction you are driving through, and the rules and regulations of your employer. Just did a search of all the regulations of the Federal Motor Carrier Safety Administration, and the words firearm, or weapon does not appear anywhere.

  10. #10
    Activist Member nuc65's Avatar
    Join Date
    Nov 2009
    Location
    Lynchburg, Virginia, USA
    Posts
    1,121
    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.

    --
    Essentially from reading this and my own opinion that having a firearm with you traveling from point A to point B it must be under the guidance of this section. Now if you are driving long haul and know with a certainty that you are not violating any laws by carrying then ok (like in the state of VA) but what if you drive through DC to get to MD, well you have bigger problems if you get caught. (There is a small section of Highway in VA that is really in DC and the seat of our freedom loving government is highly anti-American)

    That being said most long haul truckers are under contract with a company and all the companies that run trucks have policies that forbid weapons in the workplace (truck). So unless you are an independent probably aren't allowed to have a firearm.

    IANAL but have a CDL
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  11. #11
    Activist Member nuc65's Avatar
    Join Date
    Nov 2009
    Location
    Lynchburg, Virginia, USA
    Posts
    1,121
    Quote Originally Posted by sol View Post
    Not to steer too far OT, but,
    While on the topic of CHP and "Secured Container", I've been wondering, if the firearm is secured in a container, and you do have a CHP and get pulled over, are you required to procure your CHP for 'concealing' a firearm in a secured container (presuming it is out of sight, ie glovebox)?
    Nope, that section is specifically written and does not require a CHP to provide for the affirmative defense. (IANAL)
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •