Carrying A Weapon In A CMV

Topic 10783 | Page 1

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Susan D. 's Comment
member avatar

Ok guys (& gals). Let me have it! What's your opinion, what are the rules, etc. I realize that it would be against policy for many commercial carriers.

Btw, my dad always carried. He said it saved him more than once but never elaborated. Yes, there's no doubt it was against his company's policy.

guyjax(Guy Hodges)'s Comment
member avatar
Best Answer!

debated with myself about responding to this post after having read through the comments but felt i needed to. Not even going to talk about reciprocity cause it really does not apply here. Not going to mention CCW or federal laws as they do not apply either.

This topic comes up ever few months and everyone is always worried about the federal laws concerning guns and trucking but simply forget about the most important and most valid laws.....The local and state laws.

Even if it was not against every company policy out there , which it is, you have to remember that other people also have rights and that includes not allowing weapons or guns on their property . Private or commercial.

Gun owners need to be warned at least once not to bring the gun on the property. Well that is done once the owner post a sign that says no weapons allowed on that property. THAT is the one and only warning that is required and from that point forward that gun owner can face criminal trespass while in possession of a firearm. Most places that is a felony which will strip your guns right from you.

Every customers property that you pull your truck on to or every DOT scale house you pull into , if you are carrying a gun in the truck , puts you at risk of being charged with a crime and loosing your guns rights. Is it really worth that risk?

Here is another issue that you simply must consider. Since it is against every companies policy to have a firearm in your truck and they find out , by whatever means, you will be fired and they WILL report why you were fired on your DAC report. From that point forward no other company will touch you cause you had a firearm in the truck and you were fired cause of it. And since it is a employment report and not a violation report it will never come off your DAC. THAT alone will ruin your driving career.

Only you can decide if its worth it.

Many may ask why this is such a big deal and I will tell you. The main reason companies disallow firearms in a truck is due to lawsuits. If something were to happen and you needed to defend yourself you have just opened yourself up and your company to a Wrongful Death lawsuit. A good lawyer will argue and win when he tells the court that the driver knew and willing broke company policy by having the firearm on the truck and the person would still be alive or uninjured if the driver have followed company policy. The burden of proof is a lot less in a civil lawsuit than a criminal charge.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

OWI:

Operating While Intoxicated

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Phil C.'s Comment
member avatar
Great Answer!

This is not intended, nor should it be used, as legal advice and is just some information I have found over the years.

It is definitely against companies policies, it is also against many shippers yards and docks policies, as well as against mine and plant policies, but the feds have this: 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.

So legally you can transport a gun in a cmv provided it is unloaded and separate from the ammunition. However in a CMV the commerce part of the vehicle can contain no guns or ammunition. But there there are state laws to contend with as well like Massachusetts has a magazine capacity law. Unless you own the truck you cant claim it as personal property. Bottom line is you cannot legally carry a loaded firearm in a vehicle of any type. And unless it is loaded its not going to be of much use to a person needing quick self defense. Get a baseball bat for "tire t*******".

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Jetguy's Comment
member avatar

Another question- If you do carry a gun, and are arrested for having the gun, and do not have a CCW- concealed weapon permit- What is the legal charge of this one thing- not having a permit?

The Persian Conversion's Comment
member avatar

I looked into this when I started, and I believe it is completely forbidden, at least for interstate commerce.

Personally I think I should still have the God-given and Constitutionally-protected right to defend myself even if I choose to drive a truck across state lines, but that's just me...

Interstate Commerce:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

The Persian Conversion's Comment
member avatar

Another question- If you do carry a gun, and are arrested for having the gun, and do not have a CCW- concealed weapon permit- What is the legal charge of this one thing- not having a permit?

If it's not being concealed, you're not violating any CC laws. Many, if not most states allow open carry.

Phil C.'s Comment
member avatar
Great Answer!

This is not intended, nor should it be used, as legal advice and is just some information I have found over the years.

It is definitely against companies policies, it is also against many shippers yards and docks policies, as well as against mine and plant policies, but the feds have this: 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.

So legally you can transport a gun in a cmv provided it is unloaded and separate from the ammunition. However in a CMV the commerce part of the vehicle can contain no guns or ammunition. But there there are state laws to contend with as well like Massachusetts has a magazine capacity law. Unless you own the truck you cant claim it as personal property. Bottom line is you cannot legally carry a loaded firearm in a vehicle of any type. And unless it is loaded its not going to be of much use to a person needing quick self defense. Get a baseball bat for "tire t*******".

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Phil C.'s Comment
member avatar

Odd it xxxxxxed out t h u m p i n g lol

Errol V.'s Comment
member avatar

Odd it xxxxxxed out t h u m p i n g lol

Yeah, take the 't' off, what do you get?

You can't even talk about the famous director of "Psyco", Alfred Hitch****.

Susan D. 's Comment
member avatar

Lol, yes this forum bleeps out all sorts of funny words.

Anyway, back to the guns lol.. playing devils advocate here. In Kentucky, we are fortunate enough to have some of the most liberal gun laws in the country. And yeah, aahhhhh... nothing like the smell of gunpowder first thing in the morning ;-) My kids and I love our collection of toys and enjoy sport shooting as a hobby.

Open carry is legal if 18 or over, and even if under 18 when you are on your owned or leased property. Here, castle doctrine rules. Basically, if you're at your home and feel you are in imminent danger, you are not obligated to retreat. If you are legally open carrying. . Same thing. . You are not obligated to retreat. An interesting twist, your personal vehicle is considered an extension of your home. Carrying in an unlocked console of your vehicle is NOT concealed. We also have concealed carry permits available to law abiding citizens. Honestly, I've never felt the need for a concealed permit and why advertise to the government about what you own or do not own?

My state also enjoys reciprocity with many other states.. except IL (with their FOID), NY, and so on.

I wouldn't have any intention of carrying in a truck for personal protection, however, let's say I know I'm going to be going somewhere, will have some down time and there's an advertised competition nearby.

Could I, for instance, break down/dismantle my favorite, have it in its locked case, have the ammo, mags, and stripper clips in a separate locked case and transport THAT with the intention of attending and participating in the competition? I know in my personal vehicle, I absolutely could, even traveling through states without reciprocity and having mags way over the legal size limits in that jurisdiction. My fav btw is 600 rounds per minute.

Jetguy's Comment
member avatar

double-quotes-start.png

Odd it xxxxxxed out t h u m p i n g lol

double-quotes-end.png

Yeah, take the 't' off, what do you get?

You can't even talk about the famous director of "Psyco", Alfred Hitch****.

A young rooster is called a ****erel. Sorry Sue, I know I'm off topic.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Susan D. 's Comment
member avatar

We can't even say "He ****ed in somebody's cheerios!" Lol

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