New Article Now On TruckingTruth: Truckers And Guns

Topic 20117 | Page 3

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PackRat's Comment
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You just tipped your hand again, Todd.

Moose Holland's Comment
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My hats off to the state of Oklahoma and other states that have enacted state laws to protect the rights of truck drivers and other employees in regards to being armed while on duty even in company vehicles.

https://www.overdriveonline.com/trucking-law-gun-rights-on-the-road/

"This holding created quite a stir. After this case was decided, the Oklahoma Legislature enacted a statute prohibiting employers from banning firearms in employee vehicles. The Bastible holding played a part in the growth of gun rights legislation.

During the past 20 years, numerous states have adopted “workplace protection” or “parking lot” laws that limit employers’ ability to prohibit firearms on their properties. These states include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah and Wisconsin.

The statues generally say an employer may not restrict a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage or other designated area unless the possession of such firearm is prohibited by state or federal law. Some states also limit this employer prohibition to parking areas accessible by the public. Some states require that the firearm be stored in a locked compartment."

Moose Holland's Comment
member avatar

My hats off to the state of Oklahoma and other states that have enacted state laws to protect the rights of truck drivers and other employees in regards to being armed while on duty even in company vehicles.

https://www.overdriveonline.com/trucking-law-gun-rights-on-the-road/

"This holding created quite a stir. After this case was decided, the Oklahoma Legislature enacted a statute prohibiting employers from banning firearms in employee vehicles. The Bastible holding played a part in the growth of gun rights legislation.

During the past 20 years, numerous states have adopted “workplace protection” or “parking lot” laws that limit employers’ ability to prohibit firearms on their properties. These states include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah and Wisconsin.

The statues generally say an employer may not restrict a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage or other designated area unless the possession of such firearm is prohibited by state or federal law. Some states also limit this employer prohibition to parking areas accessible by the public. Some states require that the firearm be stored in a locked compartment."

Ooops, my bad! I read that article wrong. Oklahoma protects your right to have a gun in your personal vehicle while parked on employer grounds. I'm not sure drivers are yet granted rights by law to keep firearms in company vehicles in any jurisdiction.

I did write President Trump and my US Congressman and Senators this message yesterday morning, however:

"I favor federal legislation that prohibits US employers, freight motor carriers, to make policy against truck drivers for keeping guns in company vehicles for personal security while working or sleeping anywhere in the United States of America. This legislation I hope for might be in the form of some federal "occupational safety" act. It might even amend OSHA standards. Commercial trucks already are required by law to have seat belts, reflective triangles and fire extinguishers for the protection of drivers. Don't drivers also deserve protection from the violent criminal elements as well as they sleep in their cabs? Their cab sleeper area is their home away from home. Why should their personal abode away from home not also be secured against vicious thugs? Many company-employed American truck drivers travel far from home as duty requires it. They are often required to cross state lines. They are often required to work, park and sleep in (often unfamiliar) crime-ridden areas. Their vehicles where they sleep are often not very secure against criminal intrusion. Commercial trucks with onboard sleeping facilities for drivers don't provide nearly the same level of anti-burglar security as a private home or even a motel room. Sleeping drivers are subject to being brutally attacked or murdered as they sleep. It is both cruel and inhumane for companies to fire drivers merely for being armed on the job to feel safe. The risk for being a victim of violent crime is considerable for truck drivers. Many US trucking companies sadly have such anti-gun policy and it's high time for Uncle Sam to put a big stop to all of this.

Furthermore, I favor national concealed-carry federal legislation to allow truck drivers as well all law-abiding American citizens to carry firearms for personal security away from home during their travels. Some states and local jurisdictions are notoriously anti-gun/anti-self-defense and some such places are highly-crime-ridden as well. The federal government should step in and strongly protect the Second Amendment rights of American citizens from anti-gun states, anti-gun local jurisdictions and unscrupulous anti-self-defense employers.

Americans need to feel safe everywhere they travel or work away from home. Truck drivers' and American travelers' collective life and limb matter in Oklahoma, New York City, California, Chicago and everywhere."

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.
Old School's Comment
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Americans need to feel safe everywhere they travel or work away from home.

I feel safe everywhere I travel or work away from home.

Old School's Comment
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The federal government should step in

Famous last words of those who lose their freedoms.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Truckin Along With Kearse's Comment
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Nowhere in this letter did you consider the customers rights to not have firearms on their properties. YES, i was asked at a customer to open my under bunk door and they searched it. Most have signs stating "all vehicles and customers may be searched and weapons prohibited " And yes, Prime did once claim they were going to search the truck for alcohol, they didn't, but it is their truck and they can. Yes we did have an incident where a student brought a gun into a trainer's truck and the student pulled the weapon on the trainer after a heated argument. As a trainer I do not want students to have weapons.

As far as vehicles being searched... DOT in some states will search more than others. Get pulled into a weigh station in NJ and found with a gun... you are going to prison for 4+ years just for having it... even if it is locked away, and even if you have a permit for your state . Many of the liberal states do not have reciprocity laws. So just carrying will slam you in jail.

Part of the genius of our constitution allows states to determine their own laws. Therefore you are trying to impose your values on another state to which you are not a constituent.

I love the argument about the truck being my home. It is not my home, I cannot use it as an address. It is the property of the a business to be used as transporting commerce.

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.

Moose Holland's Comment
member avatar

Nowhere in this letter did you consider the customers rights to not have firearms on their properties. YES, i was asked at a customer to open my under bunk door and they searched it. Most have signs stating "all vehicles and customers may be searched and weapons prohibited " And yes, Prime did once claim they were going to search the truck for alcohol, they didn't, but it is their truck and they can. Yes we did have an incident where a student brought a gun into a trainer's truck and the student pulled the weapon on the trainer after a heated argument. As a trainer I do not want students to have weapons.

As far as vehicles being searched... DOT in some states will search more than others. Get pulled into a weigh station in NJ and found with a gun... you are going to prison for 4+ years just for having it... even if it is locked away, and even if you have a permit for your state . Many of the liberal states do not have reciprocity laws. So just carrying will slam you in jail.

Part of the genius of our constitution allows states to determine their own laws. Therefore you are trying to impose your values on another state to which you are not a constituent.

I love the argument about the truck being my home. It is not my home, I cannot use it as an address. It is the property of the a business to be used as transporting commerce.

Miss Moderator:

Here is New Jersey firearms transport law:

https://lawcenter.giffords.org/guns-in-vehicles-in-new-jersey/#:~:text=New%20Jersey%20prohibits%20any%20person,or%20locked%20in%20the%20trunk.

Guns in Vehicles in New Jersey

Last updated October 28, 2019. New Jersey prohibits any person from transporting, possessing or having a firearm in his or her control in a motor vehicle, unless the firearm is unloaded and contained in a closed and securely fastened case, or locked in the trunk.1 The state also prohibits any person from possessing in a motor vehicle any shotgun or rifle loaded with ammunition or missiles of any kind for the purpose of hunting or attempting to hunt any bird or animal.2

New Jersey provides that all firearms being transported between a place of purchase or repair or a dwelling or place of business,3 by members of rifle or pistol clubs under certain circumstances,4 or to or from: 1) hunting and fishing activities pursuant to a valid hunting license; 2) target shooting on a range; or 3) any exhibition or display of firearms,5 shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported.6

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.

Truckin Along With Kearse's Comment
member avatar

Great.... now go Google how an off duty cop from Philly went to jail for having his off duty weapon in his personal car and traveling through NJ.

Or how a trucker got 4 years in prison.... despite having it in the case as per the law. Nj laws make it so difficult to get guns it took my brother almost a year to get through the paperwork. Most people do t make it through trucking in a year

Thank you Mr. Moose for trying to educate me on my own state. It just proves people will fins and think what they want regardless of reality. Mr. Groves, Todd, Ravenwood.. yes I remember your various names.

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.

Old School's Comment
member avatar

It seems the "pandemic" has given rise to a bunch of new "know it alls" having so much time on their hands that they're joining our trucking forum to enlighten us.

Rob T.'s Comment
member avatar

I understand the safety purposes of keeping the gun locked away, ammo separate etc. But it makes it rather useless for when you actually need it. If someone with ill intentions smashes the window while you're asleep in the bunk are you really going to have time before they attack you to gather it up or would you take them hands on or with another object next to you.

"Moose" let's just focus on getting started in this career before you try to fix what you perceive to be problems.

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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