Carrying A Weapon In A CMV

Topic 10783 | Page 4

Page 4 of 6 Previous Page Next Page Go To Page:
Auggie69's Comment
member avatar

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.

With a patchwork of state laws to consider it really is up to the individual if they want to carry or not in their vehicle. Anyone carrying in their company vehicle will probably get fired if caught.

I know Florida *does* permit one to carry a weapon in the vehicle into the parking lot of a business regardless if they post a sign saying it's not allowed. So there are exceptions.

Bottom line is know the laws of each state if you plan to carry in your vehicle ESPECIALLY if you're not an O/O.

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.

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.

Bryce's Comment
member avatar

Regardless if a sign is posted as to no weapons or not, as long as it is in your vehicle, it is fine. The vehicle is considered private property. So, as long as it stays in there, the sign does not apply. Don't believe me? Feel free to look up court decisions about it. There are many college campuses with a no gun policy, that tried to stop students from leaving the gun in their vehicle while in class. The vehicle was ruled as private property, and therefore the schools could not stop them. They can only stop them from carrying on campus. Same thing would apply to all other businesses. Since there aren't any federal regulations against carrying, it is only your company to worry about.

double-quotes-start.png

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.

double-quotes-end.png

With a patchwork of state laws to consider it really is up to the individual if they want to carry or not in their vehicle. Anyone carrying in their company vehicle will probably get fired if caught.

I know Florida *does* permit one to carry a weapon in the vehicle into the parking lot of a business regardless if they post a sign saying it's not allowed. So there are exceptions.

Bottom line is know the laws of each state if you plan to carry in your vehicle ESPECIALLY if you're not an O/O.

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.

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.

Bryce's Comment
member avatar

Oh, and I realize this thread hadn't had activity in a few months, but you had asked for ideas to protect yourself, so here is one I don't think many people think of...

Put a loaded flare gun, right there on the floor next to the drivers seat, in its case. Even if you don't have it loaded, they are quick to load. Pick it up, point and shoot, reload, repeat as needed.

I guarantee a flare to the face and chest will not be enjoyable, and will probably ruin the rest of their night.

A flare gun is emergency equipment, and no laws against carrying it in the truck, no law for how readily accessible it can be, and, you can carry as many extra "emergency" rounds as needed. Better range than a bat too ;)

Brett Aquila's Comment
member avatar
Don't believe me? Feel free to look up court decisions about it.

Looking up court decisions isn't going to get anyone out of jail or land them a new job if that advice turns out to be wrong. So I wouldn't jump too quickly to recommend to anyone that carrying a gun in a commercial vehicle is "just fine" under any circumstances. There's a lot more to it than that.

And I don't know about having a flare gun inside the cab of your truck is much better. First of all if you're carrying a Hazmat load it's highly unlikely that a flare gun nearby is exactly safe. Second of all, if it were to go off accidentally inside the cab or storage box you're going to burn the truck to the ground, burn half the skin off your body if you survive it, and if you were rolling down the road at the time probably cause a wreck. And the idea that you're going to defend yourself with something like that sounds like it came out of a low budget action film.

So thanks, but I don't think either one of those statements is going to guide too many drivers toward safe and legal self defense strategies.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Errol V.'s Comment
member avatar
The vehicle is considered private property.

If you have a dog, and pull up to a place that says "no pets allowed", your "private property" isn't getting in. If a place has a sign that says "no weapons", it really means no weapons are allowed.

Granted, your truck probably isn't going to be border-crossing inspected, and a Glock fits in tiny spaces, but "no weapons", translated into English, means no weapons.

Rick S.'s Comment
member avatar

Thread resurrection. This comes up every couple of months.

1 - There are no laws - state or federal, that prohibit possession of a personal firearm in the cab of a CMV.

2 - Laws that govern firearms in vehicles apply - and these vary wildly from state to state.

3 - Every company and shipper/receiver pretty much universally have a "no weapons" policy.

4 - DOT weigh/inspection stations are run by the STATES and are not "federal property".

5 - States that are anti-gun (North East, Cali, etc.), are zero tolerance, and WILL ARREST (even if you're "just passing through") for a firearm in the passenger cabin of a vehicle. You may "get off" later (or not), but you still got arrested, towed, bonded out, hired lawyer, etc..

6 - A firearm that is "locked away" and inaccessible, is USELESS in a critical defense situation.

The most important factor, is company policy. Get caught violating it and YOU ARE GONE - and will likely never work in the industry again. What this means is - God forbid you are even forced to USE IT - even if it's a justifiable self-defense shooting, you will be OUT OF A JOB and the industry.

Personally - I think it sucks. As a daily carrier for over 25 years, I can't fathom ever being in a position where I am unable to defend myself if necessary.

BUT - if I want to drive a truck - this is one of the compromises I'm going to have to make.

Rick

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.

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.

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
Dutch's Comment
member avatar

The real answer to this dilemma, is to be choosy where you park, and be especially careful not to park anywhere, where no witnesses are present.

If I am a thug, and I have you all to myself with no witnesses, the process is pretty straight forward.

I knock on your door, and when you get out of the bunk and stand, I know that you are standing in a space roughly 4 feet by 3 feet. It doesn't take a genius to figure out, that if I send a volley into the sleeper and cab of the truck, I will probably end up with a dead truck driver. He can swing that tire thumper all he wants inside the truck, but my .357 or .45 has a little more reach.

Once the driver has expired, gaining access to the truck by breaking a window is simple. Ditto on taking my time to go through their personal belongings, and cherry picking what I want, when no witnesses are present.

If Mike Boeglin had been more selective in where he parked, he might still be alive today. Remember, never allow dispatch to send you into a situation, where you feel your personal safety is at risk. Safety is safety, and my life is just as important as anyone else's.

Trucker Found Shot Burned in his Truck in Detroit

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.

George A.'s Comment
member avatar

Why not Zoidberg????

Wasp spray hits small spots (eyes) to 20 feet plus, cheap, legal in all 50 states and who honestly can question wasps being a tad bit nasty?

Stump's Comment
member avatar

I as told you can carry a flare gun

Brian T.'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.

Most likely not a federal offense, unless you are caught on federal property...The most likely circumstance is being charged under a State or Local law/ordinance in which you are at the time of the discovery of the crime. Penalties under MOST State laws for carrying in violation of their CCW law is usually a felony. There remain some local ordinances in some places with lesser penalties...so the answer is, it matters where you are.

Page 4 of 6 Previous Page Next Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

This topic has the following tags:

Firearms Truck Driver Safety Understanding The Laws Weapons
Click on any of the buttons above to view topics with that tag, or you can view a list of all forum tags here.

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More