No Second Amendment For Truckers?

Topic 19047 | Page 1

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Ray W.'s Comment
member avatar

Hey guys!

Any chance this will ever change? I want to carry while out on the road, but I also don't want to be given a felony just because some state doesn't accept my Tennessee Gun Permit.. It says the right to bear arms shall not be infringed, but some states won't even let you apply for a permit for them unless you live there. That means I cannot carry through that state with out risking a felony should some DOT officer decide to search me. As an OTR , my right to bear arms has been infringed.... What do you guys do?

For any one wondering, I carry deep concealed. You'd have to physically search me to find my gun. I DO NOT OPEN CARRY.

Those who would question the need to carry a firearm need not waste their time with a response, thank you anyways though. Its a dangerous world out there.

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.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
ChosenOne's Comment
member avatar

States have the right to regulate it, while I am a great debater when it comes to the 2nd Amendment (Both sides), you have the right in almost every state, you just need to be a resident, and not a convicted felon, so the 2nd Amendment is not absolute, none are. Just as you can't stand in a theater and yell "Fire".

Most companies prohibit the carrying in the truck, and almost every company I have been to prohibits it on the property, and most shippers and receivers prohibit weapons of any kind, not just firearms.

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.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Robert B. (The Dragon) ye's Comment
member avatar

Good question and one that's been talked about a couple times in the past but more than happy to answer your questions.

First, there is no regulation that says you can't have a firearm in a CMV. The vast majority of those who do, keep it in the truck. Now, with that being said, it's a matter of how is stored in the vehicle that's important. Unloaded, in a locked case with the magazine or ammo in another locked case with both separated while in motion will keep you legal in just about every state with a few exceptions.

The vast majority of companies have a no firearm policy and 99% of shippers and receivers do too, they're private businesses so yes they make the rules on carry policy. If you get a TWIC card and go to any ports and more importantly, military bases, your vehicle will be searched so you better make them aware ahead of time. Some will just hold the weapon at the guard shack until you leave or they may not even let you in and you lose the load. Don't try to hide it because at that point you've committed a federal weapons violation and you're done, unless of course you enjoy the idea of an 8x8 with your new best friend, Bubba.

I know drivers who keep one handy in their truck, I used to but only had it loaded at night while in the bunk and if I took time out to hit a gun range, I left it in the case, unloaded until in the facility and cleared by the store.

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

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Errol V.'s Comment
member avatar

Maybe some location has a policy "No Cameras Allowed". 1st Amendment battle? No, it's not a big deal. A company can certainly bar cameras as they desire.

Same sign, only no Firearms, and some people get upset & call up the 2nd Amendment​. A company policy will trump the Constitution in this case. You probably won't be arrested, but you could be banned from the facility. Then your company will be informed, and chances​ are you'll be looking for a non-trucking job.

Please do a search here on "2nd Amendment", to see results of people posting about carrying firearms on trucks. This subject gets posted about every two months.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Ryan R.'s Comment
member avatar

So I'm curious. What is the most deadly weapon that is generally tolerated? A knife?

6 string rhythm's Comment
member avatar

So I'm curious. What is the most deadly weapon that is generally tolerated? A knife?

A sharp tongue.

Rick Dees's Comment
member avatar

Ray sounds like you already answered your own question..you have a permit in your state and you keep a low profile..use common sense..you will be fine.

Rick S.'s Comment
member avatar

So I'm curious. What is the most deadly weapon that is generally tolerated? A knife?

A pocketknife is acceptable. Not some large blade Katana monstrosity.

ANYTHING can be a "deadly weapon", when wielded by someone that knows how to use it (or not even). Hammers kill almost as many people as other non-firearm weapons.

As a lifetime NRA member, gunsmith/armorer, daily carrier for 25+ years, have held various FFL's at one time or another - the right to self defense and firearms is an issue near and dear to me.

Company policy WILL TRUMP any 2A right. The right you have under the 2A is to not accept employment with a company that has an anti-gun policy - and most do.

Without going into some long dissertation - if a company has a firearms ban and you are caught with one, you will be seeking employment in another industry. If your travels take you somewhere not gun friendly (and I look at the 12 states my carry permit is NOT RECIPROCAL as just that) and get caught by the LEO - you are going to have even bigger issue to deal with.

No state or federal law prohibits the carry of firearms in a CMV. Companies HAVE A RIGHT to prohibit weapons on their property (and this is universal in all 50 states) - and the TRUCK IS THEIR PROPERTY.

Rick

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
Shiva's Comment
member avatar

Maybe some location has a policy "No Cameras Allowed". 1st Amendment battle? No, it's not a big deal. A company can certainly bar cameras as they desire.

Same sign, only no Firearms, and some people get upset & call up the 2nd Amendment​. A company policy will trump the Constitution in this case. You probably won't be arrested, but you could be banned from the facility. Then your company will be informed, and chances​ are you'll be looking for a non-trucking job.

Please do a search here on "2nd Amendment", to see results of people posting about carrying firearms on trucks. This subject gets posted about every two months.

Very good advice Errol. I always like hearing from you

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Errol V.'s Comment
member avatar

Here's another reason a company will not permit weapons of this sort: liability.

Hypothetical: you're at a lonely truck stop, a bad dude opens your door and accosts you. You produce your friends Mr Smith and Mr Wesson. Bad dude leaves, calls his mouthpiece about being threatened ("I was just asking for directions.")

So not just you, but your company and even the truck stop are soon served lawsuit summonses. So, no guns for you while you're on a company truck.

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