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July 29th, 2008, 12:50 AM #1
Carry w/a permit in a commercial tractor trailer
I have a buddy, who just signed up BTW , who is a long haul trucker. He has a Fl. Res permit and asked me if there would be a problem carrying in his truck, even with his permit. I thought he would be covered by the FOPA, thinking about it, we both thought that there may be some sort of restriction on commercial drivers that we don't know about. I have done a little looking and could not come up with anything. Anyone have any definite answers? Your help, as always, would be greatly appreciated...
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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July 29th, 2008, 01:02 AM #2
Re: Carry w/a permit in a commercial tractor trailer
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July 29th, 2008, 01:38 AM #3
Re: Carry w/a permit in a commercial tractor trailer
I searched the FMCSR and did not find a regulation that prohibits it. I remember in truck driving school, the instructors said it was against regs, but could not cite which one.
I might be against the company policy. If they are against it and find out that he is carring he could lose his job.
But as long as he follows the laws of the states he operates in, there really should not be a problem unless he enters one of the communists states.
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July 29th, 2008, 02:16 AM #4
Re: Carry w/a permit in a commercial tractor trailer
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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July 29th, 2008, 03:16 AM #5
Re: Carry w/a permit in a commercial tractor trailer
He has to meet the requirements of each state. Say he`s delivering in NJ. He`s not going to and from a range, repair or residence and he`not passing through. Bam There is no federal law but each state applies.
If his company has a policy or any consignee or shipper has a policy(and most do) they apply. Part of the agreement of entering the private property of shippers and receivers is allowing a search and/or vehicle search.
Unless he owns his own truck he has to ask himself is it worth it.
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July 29th, 2008, 03:28 AM #6
Re: Carry w/a permit in a commercial tractor trailer
i had this question also a few months ago, there is nothing in the books saying you cant, state laws will apply.. but like some others here have said before,,, i'd rather be judged by 12 than carried by 6!!
Tigers love pepper, they don't like cinnamon !
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July 29th, 2008, 03:37 AM #7
Re: Carry w/a permit in a commercial tractor trailer
Think long and hard. As a company driver I didn`t usually carry as an owner operator I did. There are many other ways to protect yourself. Your vehicle is your first weapon and your cover (well first is your situation training and brain) then you have a variety of things normally in and around the truck plus things you can carry like wasp and hornet spray.
Then think of the statistics, and decide if not feeding your family because you can`t find employment is a risk worth taking.
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July 29th, 2008, 08:55 AM #8
Re: Carry w/a permit in a commercial tractor trailer
There are no federal or state laws prohibiting a truck driver from carrying apart from the state/local laws on firearms(CCW). The trucker's company may prohibit it, but that is a employment issue. Just because he has a commercial license and operating a commercial vehicle it doesn't mean there are additional laws against firearms.
If he has a FL CWP - he can carry where ever it is honored. In states that its not honored he would have to abide by the federal firearms owners safe transit law - unloaded, securely encased, ammo seperate, firearm in remote place, only stopping for fuel/breakdowns/emergencies, etc, etc.
I suggest that he print out a list of all the states his FL CWP is good in and stick to those routes if possible. Good knowledge of the "must notify" states should be kept fresh in mind - like NC and OH. ...since truckers get stopped alot for inspections.
I also suggest a lockable strong box be mounted permanently to the floor in the bunk(if equipped) for states that his CWP isn't honored in.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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July 29th, 2008, 09:04 AM #9
Re: Carry w/a permit in a commercial tractor trailer
This question has come up on Gun Talk a few times. Tom Gresham did the research and it is not illlegal due to any regulations on commercial truckers. It is probably prohibitted by their company, but we all know how that goes.
The driver does need to know the laws in each state, and should abide by them. Some states would require the gun to be unloaded. Some may have ammo restrictions. There is no federal law that restricts possessing a gun, but the state laws are where they may need to have it locked up to pass through certain states.
The driver would also have to be aware if he is to deliver to any government or military instillation, that the rules there might be different.Adams County Sport Handgunners Association - President
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July 29th, 2008, 09:07 AM #10
Re: Carry w/a permit in a commercial tractor trailer
Company policy aside, there are no DOT regs regarding handguns. Individual state laws apply, and of course Sec. 926A- Interstate transportation of firearms.
This does not apply if you cross into Canada, they will take your truck. Also military installations are iffy. They used to allow you to check your weapons at the gate.
Like in all sectors, the guy in the uniform might take the liberty to make up his own rules on the spot.
Keep a lockbox in the truck for securing the weapoin in the anti states (DC is no man's land).
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