Weapons In Cab?

Topic 14313 | Page 2

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Scott M's Comment
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Zach says:

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There's actually a federal law that says local and state governments can't enforce laws regarding the transportation of firearms, so long as your just passing through the state

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Which law is this, Zach? Suppose you were stopped by an officer and you had to explain this law. "Sir, there's this law, see?" won't cut it. You have hearsay there.

JetGuy drops names:

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I know a friend of a friend- a young man from Texas

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Do you know anything else about this young Texan?

Rick contributes:

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There's the guy who had a connecting flight in Newark with a checked firearm legally in his bag.

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Gentlemen, I'm not calling you out for telling stories or passing on rumors. This web forum is called Trucking Truth, not Trucking Rumors. Try do do better in the facts side of things. Personal experience is tops, but if you can get links to news articles or such, great. Let's try to keep things realistic.

Errol- Yes a true story. So I get to stay. I know his parents.

Auntie Am's Comment
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Zach says:

Which law is this, Zach? Suppose you were stopped by an officer and you had to explain this law. "Sir, there's this law, see?" won't cut it. You have hearsay there.

I believe the provision he speaks of is a part of the Firearms Owners Protection Act. I read about it a few days ago in Overdrive magazine and even they say if it's an o/o it's up to you if you want to take the risk. They also say if it's company policy you still run the risk of being fired. According to FOPA, NRA and Overdrive, "Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. All travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it. " (https://www.nraila.org/articles/20140630/guide-to-the-interstate-transportation)

"A provision under FOPA was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle, locked in a separate storage area." (http://www.overdriveonline.com/navigating-gun-laws-for-truckers/)

I think it comes down to, do you want to risk it? I was tempted to carry while OTR but if it's so much hassle, I think I'd settle for the tire thumper for now.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Interstate:

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

Auntie Am's Comment
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Whoops wrote that in the quote lol but I think you'd get the gist of it.

Errol V.'s Comment
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Zaxby says

There's actually a federal law that says local and state governments can't enforce laws regarding the transportation of firearms, so long as your just passing through the state.

Auntie Am supplies:

provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle, locked in a separate storage area."

Here's the rub: Zach says simply "It's OK to possess a firearm if you're going from A to B." This is a different thing from Auntie Am who supplies more detail: "It's OK to possess a firearm if you're going from A to B, and it's unloaded, and locked away."

This is the hearsay part. Zaxby forgot to include the details that change the whole idea.

Truckin Along With Kearse's Comment
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I live in NJ and I can say that prior statements are corrwct. NJ is hard core about this.

There were 3 famous cases:

1.) A Georgia teuck driver with a carrying permit was on the side of the road checking his truck with the weapon in his waist band. A state trooper saemw it and arrested him.

2 ) a tow truck driver with a carrying license in PA drove thru NJ and got caught.... went to jail for a year.

3.) A PA corrections officer was driving back home from Atlantic City and git hit by a drunk driver. He called the police then informed the police his gun was under his seat and gave his ID and permit. ARRESTED

The federal law .. I think section 18. ... says you can carry unless state and local laws say otherwise. That is what NJ gets people on. Nj is so strict with guns that my schizophrenic sister told a cop I pulled a gun on her and they raided my house and my mothers.. even though I have never registered a gun... was a federal employee of 15 with no record... AND they listed it as an arrest on my record... which prime told me.. although I 2as never rad my rights nor fingerprinted or mug shot.

Pat M.'s Comment
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Federal law also makes marajuana illegal but that does not stop states from making it legal.

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