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Thread: legal to carry loaded gun in semi

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    legal to carry loaded gun in semi

    I am an owner operater (semi truck) I drive only in wash st. I do not cross any state lines. I have had a CWP in washington for many years. Is it legal for me to carry my loaded glock in my truck? If you think not please tell me why?

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    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by bigtrks View Post
    I am an owner operater (semi truck) I drive only in wash st. I do not cross any state lines. I have had a CWP in washington for many years. Is it legal for me to carry my loaded glock in my truck? If you think not please tell me why?
    Welcome to OCDO. Take some time to review the forum sticky threads, gun rights pamphlet and the RCW. Most firearm laws are under 9.41 and viewable online at the following link. http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41
    I Am Not A Lawyer, verify all facts presented independently.

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    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

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    thats the problem I can't find anything (specific law) that says yes or no

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by bigtrks View Post
    I am an owner operater (semi truck) I drive only in wash st. I do not cross any state lines. I have had a CWP in washington for many years. Is it legal for me to carry my loaded glock in my truck? If you think not please tell me why?
    If you have a valid WA CPL you can carry a pistol loaded in any vehicle, but not a long gun...your truck, your car, a bus, the ferry any vehicle...not a problem.

    While RCW 9.41 is the main law the restriction on loaded long guns in vehicles is in RCW 77.

    The applicable law for loaded carry of a pistol in a vehicle is in RCW 9.41.050(2)(a)

    BTW: That is a CPL (concealed PISTOL license) not a CWP (Concealed Weapons Permit) Your license only covers handguns, no other weapon.
    Last edited by hermannr; 12-31-2011 at 03:21 PM.

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    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by bigtrks View Post
    thats the problem I can't find anything (specific law) that says yes or no
    The way WA law is written a specific action is considered legal unless there is a law that makes it illegal. Thus, you will never find laws saying what you can do, just what you cant.

    I am unaware of a law that would prevent you from carring loaded with a CPL however I have not reviewed any of the commercial trucking laws. If you are uncertian its best to get solid legal advise from your lawyer. Any information provided is only best effort. However it should give you a good idea.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

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    Regular Member amlevin's Avatar
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    This topic comes up on not just this forum but others as well. The answer is that there are no laws preventing a "commercial driver" from having a loaded pistol in his Semi as long as he/she are in compliance with State law (Local too but most States now preempt Local for firearm regulation).

    The issues presented to most Commercial Truckers is the prohibition of firearms on the various facilities they service. No entry to Federal Installations allowed with a firearm in the vehicle. Many private companies do so as well. Their property, their rules, sometimes even to inspecting vehicles entering or departing.

    Owner/Operators often "lease" their rigs to companies to exclusively haul their products. If that company has rules, and the lease requires that the Owner/Operator adhere to them, no gun if prohibited in the rule book.

    It's not against any law, it can just be inconvenient for those truckers that enter and exit prohibited areas regularly, Government or Private, so they just leave them home.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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    There is no regulation in the FMCSA handbook in regards to this.
    Although the truckstop counter lawyers may state otherwise.
    As stated above company, state and or local laws prevail.
    One other not mentioned was Canada although the op stated he stayed in WA state.

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    Regular Member Just Us's Avatar
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    I also drive semi and about a year and a half ago I looked for a couple days for something prohibiting the carry in a Commercial Vehicle, found nothing. 9.41 doesn't prohibit. I went down to the commercial vehicle headquarters in tacoma and asked about it. I was told it's the same as a car. Nothing in the laws prohibit the carry. The problem you might have is in the ports where I still believe it IS prohibited. If you did go out of statethere still wouldn't be a issue unless you go to one of the eight municipals of Oregon that prohibits without a Oregon permit. Idaho, Montana, and several others recognizes our CPL. (Yes, I know you said you don't cross state lines.)

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by Just Us View Post
    I also drive semi and about a year and a half ago I looked for a couple days for something prohibiting the carry in a Commercial Vehicle, found nothing. 9.41 doesn't prohibit. I went down to the commercial vehicle headquarters in tacoma and asked about it. I was told it's the same as a car. Nothing in the laws prohibit the carry. The problem you might have is in the ports where I still believe it IS prohibited. If you did go out of statethere still wouldn't be a issue unless you go to one of the eight municipals of Oregon that prohibits without a Oregon permit. Idaho, Montana, and several others recognizes our CPL. (Yes, I know you said you don't cross state lines.)
    Port districts are governmental entities, I do not believe they have the authority to restrict your carry any more than any other governmental entity. RCW 9.41.300

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    Quote Originally Posted by hermannr View Post
    Port districts are governmental entities, I do not believe they have the authority to restrict your carry any more than any other governmental entity. RCW 9.41.300
    I'm not sure about who owns the port, but they fall under homeland security rules.
    That is why I had to buy a TWIC when I did service work.

  11. #11
    Regular Member Just Us's Avatar
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    Be mindful, I didn't read every word of both acts.

    Homeland Security Act of 2002 or Safe Port Act of 2006 doesn't talk about prohibiting firearms.
    It is posted no weapons and going on the ports you are subject to search including the truck. They can ask you to leave and not return, plus put a red flag in the system on you. I think we got a little off track. As to being in a semi, yes it's allowed.

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    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by bigtrks View Post
    thats the problem I can't find anything (specific law) that says yes or no
    First thing to get you over is that there is never any law that says "Yes this is ok". That is not what laws are. Laws are made to prohibit actions, not allow them.
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

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    Regular Member MadHatter66's Avatar
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    Quote Originally Posted by larrybob View Post
    I'm not sure about who owns the port, but they fall under homeland security rules.
    That is why I had to buy a TWIC when I did service work.
    Not to get off topic, but why does everyone that has a TWIC think they are some type of LE? I get people all the time that try to use their TWIC to get a LE discount or LE related perk...

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    Regular Member Just Us's Avatar
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    Quote Originally Posted by MadHatter66 View Post
    Not to get off topic, but why does everyone that has a TWIC think they are some type of LE? I get people all the time that try to use their TWIC to get a LE discount or LE related perk...
    +1

    Not all who have it think that way.
    Those other ones should realize it's for the purpose of getting on ports and the oil fields.

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by VW_Factor View Post
    First thing to get you over is that there is never any law that says "Yes this is ok". That is not what laws are. Laws are made to prohibit actions, not allow them.
    Sometimes they do. Didn't we recently have a Federal Law passed that allowed carry in National Parks?
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Quote Originally Posted by amlevin View Post
    Sometimes they do. Didn't we recently have a Federal Law passed that allowed carry in National Parks?
    No, that law REMOVED the restriction on carry in Nat'l Parks.

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    Regular Member MadHatter66's Avatar
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    Quote Originally Posted by Just Us View Post
    +1

    Not all who have it think that way.
    Those other ones should realize it's for the purpose of getting on ports and the oil fields.
    Sorry, when I said everyone I was speaking about the collective of people out there that are incorrect in their thinking. Not everyone thinks that way, I should have differentiated that.

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    Lo All,

    I was a driver for fifteen years until blown retina pulled my DOT MED card in 2009.

    I won a bet with a Memphis, TN Ryder service writer for $1000 that that there was no FMCR rule blanket prohibiting a firearm in a commercial vehicle. He couldn't find it and had a whole weekend to produce the rule. He did try to pass off the prohibitions agains a LOADED firearm off but no joy.

    If you haul certain types of cargo (contact sensitive explosives, explosive gasses...etc.) you may not have a loaded firearm. Loaded in the FMCR is defined as a round in the chamber. Otherwise, you may carry a firearm to your heart's content (so long as you follow state law.)

    Check for yourself.

    And just assume that anywhere you travel with a TWIC card is going to dis-allow firearms into the facility. Some of these facilities offer storage for you firearm while onsite. Most do not.

    Now, the above refers to FEDERAL commercial regulations. Your mileage may vary by state regulations.

    Feel free to go to the local state office where you renew your CDL. Try to get in there when they are not busy and pigeon-hole an officer. Ask them if they wouldn't mind helping you find the pertaining regs within state law. Might help to bring fresh cookies, but that is how we roll in TN. Cookies are considered an incentive and inducement to helpfulness, not a bribe here...hehehe.

    The Bad Penny Has Spoken! if anybody was listening...

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by Plugpenny View Post

    Feel free to go to the local state office where you renew your CDL. Try to get in there when they are not busy and pigeon-hole an officer. Ask them if they wouldn't mind helping you find the pertaining regs within state law. Might help to bring fresh cookies, but that is how we roll in TN. Cookies are considered an incentive and inducement to helpfulness, not a bribe here...hehehe.
    I've offered this challenge in years past but you know how some "truckers" can be. Their minds are made up and just hate to be confused with facts.

    Good for you on not settling for BS in lieu of fact.

    As for the "Cookie inducement", at my local DOL office you would need to take LOTS of cookies judging from the size of some employees there.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  20. #20
    Regular Member amlevin's Avatar
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    Quote Originally Posted by Trigger Dr View Post
    No, that law REMOVED the restriction on carry in Nat'l Parks.
    Semantics. Doesn't the removal of a restriction now "allow"?
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  21. #21
    Regular Member Just Us's Avatar
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    Can someone show where the DOL deals with the topic?
    Last edited by Just Us; 01-04-2012 at 12:36 PM.

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    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by amlevin View Post
    Semantics. Doesn't the removal of a restriction now "allow"?
    It was restricted, now it is not.

    The law was removed, therefor the law does not make something ok. It simply is not on the books anymore.

    I don't see how that is semantics.
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

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