Carrying A Weapon In A CMV

Topic 10783 | Page 2

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Matt M.'s Comment
member avatar

I don't know any of the laws, and I know you are saying not for personal protection, but I've never found the need for one for personal protection.

It would be a hell of a feat to gain entry to someone's truck forcefully if they are inside resisting. Climbing into a truck with someone kicking or swinging a baby sledge down on your head does not sound like a good time.

If the threat is outside the truck, catch a gear. I ain't going out like that trucker in the la riots.

I have guns at home but it's just too problematic carrying them on the road between carrier rules, different state and municipal laws, etc... I have also delivered at military bases that thoroughly search your truck and go through your bags.

Stevo VWbusman's Comment
member avatar

Only owned a handgun once in my life, never felt the need, since I have this "pizzed off at the world face" and not a small fry. Grew up in and around the ghetto's of Los Angeles suburbs, in gang infested areas, never had a problem with them whewwwwww :)

Oct 10, 2015 Starting today, Arizona residents at least 21 years old can carry a concealed weapon without a permit.

Arizona joins Alaska and Vermont as the only states to allow concealed weapons without a permit.

As well as, being able to go into any gun shop and buy AR-15s here in Arizona

Auggie69's Comment
member avatar

Only owned a handgun once in my life, never felt the need, since I have this "pizzed off at the world face" and not a small fry. Grew up in and around the ghetto's of Los Angeles suburbs, in gang infested areas, never had a problem with them whewwwwww :)

Oct 10, 2015 Starting today, Arizona residents at least 21 years old can carry a concealed weapon without a permit.

Arizona joins Alaska and Vermont as the only states to allow concealed weapons without a permit.

As well as, being able to go into any gun shop and buy AR-15s here in Arizona

There are only a couple states where you can't buy an AR-15

Susan D. 's Comment
member avatar

Yeah, I haven't added an AR to the collection yet, but it's on the wish list. I can certainly see Kentucky doing away with the CC permit as well. Too many owners here don't want a CCW. They point out that any time states have required registration, said state later uses that info to ban certain weapons.

Robert B. (The Dragon) ye'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?

It's a federal crime.

Robert B. (The Dragon) ye's Comment
member avatar

There used to be a law in effect specifically for truckers. If I remember correctly, if you were on the road more than 270 days a year, you could qualify and have a firearm in the vehicle. That law has been repealed but I've heard that they're giving it another look. Who knows.

Another thing to realize in addition to everything else that's been mentioned. If you had one in a locked case, say under your bunk or mattress out of sight, the chances of it being found are slim to none, unless the vehicle is being searched under probable cause. Either way, it's a big risk to take although many still do.

Auggie69's Comment
member avatar

double-quotes-start.png

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?

double-quotes-end.png

It's a federal crime.

It's only a federal crime if you're on federal property at the time your are caught. A fine or year in jail. National parks are excepted. In most states it's a misdemeanor unless you are armed and committing a crime.

Robert B. (The Dragon) ye's Comment
member avatar

double-quotes-start.png

double-quotes-start.png

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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?

double-quotes-end.png

double-quotes-end.png

It's a federal crime.

double-quotes-end.png

It's only a federal crime if you're on federal property at the time your are caught. A fine or year in jail. National parks are excepted. In most states it's a misdemeanor unless you are armed and committing a crime.

Yes and no. As a truck driver, we cross state lines every day, in some cases several states a day. That's where they can hit you with a federal weapons charge.

Auggie69's Comment
member avatar

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

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?

double-quotes-end.png

double-quotes-end.png

double-quotes-end.png

It's a federal crime.

double-quotes-end.png

double-quotes-end.png

It's only a federal crime if you're on federal property at the time your are caught. A fine or year in jail. National parks are excepted. In most states it's a misdemeanor unless you are armed and committing a crime.

double-quotes-end.png

Yes and no. As a truck driver, we cross state lines every day, in some cases several states a day. That's where they can hit you with a federal weapons charge.

Sorry. I must disagree. You are subject to the laws of the state you are traveling through. There is no CCW federal law to violate. Now, if you were to be in violation of a specific federal law such as possession of an unregistered automatic weapon, then I would agree with you.

This is different then the applicable federal law allowing one free passage through the states to take weapons from point A to point B. Though I am interested if this law could be raised as a defense by a trucker if a state decides to prosecute someone in possession that is driving a truck.

OWI:

Operating While Intoxicated

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.

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