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Are commercial drivers less able to legally carry?

chocofan

Regular Member
Joined
May 9, 2014
Messages
51
Location
fl.
Commercial carry

A question I've always wondered about - are commercial drivers, by virtue of their licensing to drive commercially, and while doing so, less able to legally carry?
Can a commercial truck driver carry a firearm in his/her rig?
Answer: 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. Click Here to read letter from Office of Hazardous Materials Standards that firearms do not fall under hazardous materials in commercial vehicles. Similar letter at PHMSA website.
Go Here for answers to questions by the US Dept of Transportation that states carrying firearms in commercial vehicles answer is: “Carrying concealed weapons is a matter of state law.”
A company can have a Rule that states you cannot carry in their vehicles. That is just a company rule and all they can do if you do carry and are caught by them is fire you. You are not breaking a law just a company rule. 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.

PHMSA Interpretation #06-0165

Aug 24, 2006


PHMSA Response Letter

Aug 24, 2006



Mr. Richard B. Loden Reference No. 06-0165
3959 Chestnut Avenue
Concord, CA 94519

Dear Mr. Loden:

This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) to the transportation of a loaded personal firearm lawfully carried by a commercial motor vehicle operator while in the performance of his or her duties. Specifically, you ask whether the transportation of
such a firearm is prohibited by the HMR under the “forbidden explosives” clause in
§ 173.54(f).

The answer to your question is no. Unless otherwise specified in § 173.54(f), a personal loaded or unloaded firearm lawfully carried by a commercial motor vehicle operator is not considered in commerce and therefore not subject to the HMR. Under this scenario, a commercial motor vehicle operator who carries a personal firearm while in the performance of his or her duties is subject to local or State jurisdiction regarding such matters. This response has been coordinated with the Federal Motor Carrier Safety Administration.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.54(f)
 

Gallowmere

Regular Member
Joined
Feb 23, 2014
Messages
210
Location
Richmond, VA
Yeap. The Hattie Mitchell letter cleared things up a long time ago, but that doesn't prevent truckers from assuming things. You have no idea how many drivers I have met, who believe that you cannot carry a loaded firearm in the cab of your truck with you. Considering where most OTR drivers have to sleep, they are far more vulnerable to violence than the average citizen living at home. It would be lunacy to outright ban their ability to defend themselves. Granted, that doesn't stop some state legislatures from being lunatics. ;)

Fortunately, all of my commercial driving is done in Virginia, so I have no worries about such things anyway. The only military installation I ever have to enter for work is Fort Pickett, and I am cleared to possess my 1911 while on base.
 

chocofan

Regular Member
Joined
May 9, 2014
Messages
51
Location
fl.
Yeap. The Hattie Mitchell letter cleared things up a long time ago, but that doesn't prevent truckers from assuming things. You have no idea how many drivers I have met, who believe that you cannot carry a loaded firearm in the cab of your truck with you. Considering where most OTR drivers have to sleep, they are far more vulnerable to violence than the average citizen living at home. It would be lunacy to outright ban their ability to defend themselves. Granted, that doesn't stop some state legislatures from being lunatics. ;)

Fortunately, all of my commercial driving is done in Virginia, so I have no worries about such things anyway. The only military installation I ever have to enter for work is Fort Pickett, and I am cleared to possess my 1911 while on base.

I totally agree,me I'm OTR and there have been times I've ran out of hour's and needed to stop ither at an unsecured rest area or an on or off ramp, and in other instances parked at a truck stop for the night and you here someone syphoneing you'r fuel.

yet there are still company's that tell you you are not allowed to carry in a company truck! I say the heck with what they say any how they don't need to know.
 

chocofan

Regular Member
Joined
May 9, 2014
Messages
51
Location
fl.
Transport assumption
The transport assumption, otherwise known as the traveler assumption, is an American legal doctrine of gun use which states that a person lawfully possessing a firearm that is found in a personal vehicle must be assumed to be transporting the weapon, which is legal for a lawful firearms owner to do. This doctrine is generally given as an exception or affirmative defense to state or local laws that otherwise restrict or prohibit possession of a concealed weapon.



The transport assumption provides a specific yet broad definition of "travelling" as "carrying a firearm within a personal or authorized vehicle". Previously, definitions of transportation or travel were more specific or non-existent, and case law and judicial interpretation of the statute generally inferred long-distance travel and required the firearm be secured and placed in the trunk or cargo area of the vehicle. Through this narrow definition, law enforcement officers often abused gun possession/carry laws to intimidate or discriminate, sometimes leading to arrest and prosecution of persons found with a firearm in their vehicle on charges of unlawful possession, unlawful carry, or brandishment of a firearm.

Concealed carry in vehicles[edit]

This doctrine, as codified and interpreted by some jurisdictions, grants citizens the ability to carry a concealed weapon in a personal vehicle without a permit, even if the state otherwise requires a permit to carry a concealed weapon or bans concealed carry altogether. The traveler assumption is generally combined with Castle Doctrine to argue this ability; Castle Doctrine states that a person is justified in using deadly force to prevent death, bodily injury, and many times loss or damage of property while in one's home, business or vehicle, however in many cases unlicensed concealed carry of the firearm outside the home was previously illegal. The traveler assumption forces law enforcement officials to assume a gun found in a vehicle is being transported and therefore lawful, unless there is compelling evidence to the contrary. The combination thus allows an individual to lawfully keep a weapon in a vehicle to defend themselves and their vehicle. Usually the weapon must be kept out of plain sight unless in a state allowing open carry. Few States have this law on their books
 
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