Due to the controversial topic: “Can CDL Truck Drivers Carry Guns?”, I have researched and found a Federal Law that so many drivers are looking for. Read what an actual Federal Law states about this topic, to put it to rest, once and for all. ( or maybe not)
Provided by Truth About Trucking.
Can a CDL truck driver legally carry a gun in the truck? This is a very HOT topic! In my previous article, “CDL Truck Drivers Carrying Guns,” much controversy was created because nothing could be found anywhere showing any Federal Law stating that it was illegal to carry. I have pointed out that there is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so, as well as policies set forth by the motor carrier. I have found the actual Federal Law revealing the insight on this subject, listed below:
Title 18 Setcion 926(a). The peacable journey law.
TITLE 18–CRIMES AND CRIMINAL PROCEDURE
PART I–CRIMES
CHAPTER 44–FIREARMS
Sec. 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver’s
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.
OK…now that we have the Federal Law on this matter, what does it mean? I would say that you could give this to 50 attorneys, and all 50 would interpret it differently! I believe what it is saying, is what I originally wrote in my previous articles….a CDL driver may carry a gun in the truck with him or her, PROVIDING that it does not violate any other STATE law, in which the driver will be passing through. Thus my point again…city, county and state laws may be the prevention for CDL truck drivers to carry guns…
Help me out drivers….what do you think?
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: cdl, DOT, gun laws, motor carriers, otr trucking, owner operator, truck driving careers, trucking, trucking companies, trucking life
AskTheTrucker
I believe we should be able to protect ourselves from danger or harm. Obviously there are many states that believe this also.
The problem is with the states that don’t believe that to be so.
Many drivers take the chance and carry a gun with them on their truck. That is their choice to make. You just have to ask yourself, which is the greater risk; protecting yourself with a weapon that is unlawful in many states….or….not protecting yourself and feeling as though you were risking your safety?
Tough Call.
How do you feel about it?
When I was at Roadmasters they said it was against federal law to have a gun in a a commercial vehicle. Since then I heard different things. Personally I stay away from guns. Secondly there is insurance/ Over 30 years ago I defended myself. One of my attackers had me arrested. & put in jail! I seriously hurt him & no gun was involved. The arresting police even testified for me! The heavy felony assault was discharged but it is still on my record & too expensive to get expunged. It is costing me employment all these years. Even now. Your whole life is changed forever even if you are right!
Thanks Robert.
First, the fact that Roadmasters told their employees that it was against federal law to have a gun in a commercial vehicle should tell everyone something.
I realize that many of those commenting are O/O’s and they are in the position to make their own decisions about the law and what it says, but you have brought up another interesting point.
Your incident is not the first….and unfortunately will not be the last. Many innocent people have found themselves in court….looking at felony charges…because they had to defend their life.
The criminal becomes the victim, and the person being attacked( the real victim) becomes the attacker.
This is a huge problem in our country, but as long as we have slick lawyers to turn the events and truth around, I’m afraid it will continue.
You obviously did the right thing at the time….or you most likely would not be writing about it now.
Chances are, if there was a gun involved, your outcome may not have had the same ending…..unless of course….your lawyer was “slicker” than the criminal’s.!
I think that carring a gun on the truck is probably a bad idea only because of the additional stress put on you while you have it on board. It is kinda like having illegal drugs or some kind of contraband on the truck and alway’s worring. I alway’s thought that the chances of me getting caught by DOT were greater than actually needing a gun.(defense) However with that said I am a registered gun carrier and have a CCWP as it is sometimes called, I’ve carried for years(12 1/2) and have taught my wife to shoot and will teach my daughter as well. Guns work! Be safe. Larry/PRTL.
Larry,
You and I seem to be on the same page with everything.
There’s a difference between owning a gun and the choice to protect yourself….and taking the chance ( as a professional driver) on getting arrested…when the laws are so different among each state, county, and city.
Again, everyone has to make this choice for themselves.
We have determined that there is no Federal Law that states such a thing. Check out my article, CDL Federal Gun Law :
http://ezinearticles.com/?CDL-Federal-Gun-Law&id=1219486
Allen
As an instructor, I have been told by many drivers it is the law, so when I found this artical I was pleased to know the truth. Our company dose have a policy that dose not permint anyone to carry a wepon at all. The best beat it to be meak. Meakness is no weakness. If you think it is try being meak for a week.
Hi Doug,
Yes, this has been a hot topic for years, with no sure answer…..as the law states, one can carry a firearm in a CMV as long as it does not violate any laws of any State the driver will be passing through, and the firearm & ammo must be stored in seperate compartments, out of reach of the driver…..where the problem lies, is knowing every law of every city, county & state in the U.S.!
Allen
Several people have showed concern about “every state a city law”. The starting point to over come this is to apply for a concealed carry permit in your home state and then from there providing you can pass the background check, and take the safety, course and pay the sevel hundred dollars, then you can find out which states reconize that permit ( you can carry in those states too). There are very few states that I cannot carry my gun on me in ( north carolina permit) . A lot of weight goes into that permit, even in the states you are not supposed to carry out of a locked box. Example, I was pulled in CA and NY both by DOT ( neither reconize a NC permit) I stated Officer I have a concealed permit and I have a weapon in the truck. The COP in CA said is it a CA permit? I said no, He said make sure you dont take it out unless you need it, understand? ( 3 other CHP’S were standing there). In NY the I stated the same thing ( as required by law) the cop said, let me see you permit, you know its not good here right? I said yes I’m just getting this load and leaving he said, just make sure nobody else gets ahold of this damn thing. Lock your truck and the gun up when you get out of it!
I suggest reading the laws before you make comments. You CAN carry a firearm in your truck. You must have it locked up though and unloaded for it to be ‘legal’. As for state laws, where handguns have tighter restrictions- who cares? The restrictions don’t prevent you from transporting a weapon. Besides, i’ve been driving a truck for 2 1/2 years and have not once ever been searched unless I was crossing the border, which I will never do again. I would suggest getting a CWP though, you might not get as much flack if you’re in a more liberal state. I’m getting a gun, and i’m going to carry it with me. I’d rather be dead right, than dead wrong.
Well Nick,
Thanks, but I suggest reading the posts before you make comments.
This is a quote from the original post:
“I believe what it is saying, is what I originally wrote in my previous articles….a CDL driver may carry a gun in the truck with him or her, PROVIDING that it does not violate any other STATE law, in which the driver will be passing through.”
Here is the Peacable Journey Law Again which explains what you were saying about being locked up and unloaded.
Title 18 Setcion 926(a). The peacable journey law.
TITLE 18–CRIMES AND CRIMINAL PROCEDURE
PART I–CRIMES
CHAPTER 44–FIREARMS
Sec. 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver’s
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.
Allen
This law does not say anything regarding specifically to commercial truck drivers. This is just an interstate transport law that applies to everyone. Why are these laws so ambiguous and unclear. My opinion is that no one thought to make a specific federal law that applied to commercial drivers. It is left up the city, county, and state. So unless you know the specific gun laws for every jurisdiction across the country, you will never know if you are violating a law or not.
REDICULOUS
If anyone knows any more on this or if there is something that I am not taking into account, I would love to hear it.
As we Truckers are governed by federal law, DOT, above the state law level, I would expect there to be an answer on this at a federal level not withholding to state and city regulations. We need a lawyers input here, not a truckers. I must believe that there are stacks of legal cases that have already passed through court and the rulings of those cases would be the info we are looking for. As we can read the “law” but we need the “interpretations”. Oh, and where does the 2nd amendment play into this anyway?
[...] PS/I wouldn’t suggest you keep a weapon in your truck. Not a good idea. Forget going into Canada. Many states don’t allow it. Keep it home in a safe. And take an ARA – American Rifle Association – safe gun course. Their web site is http://www.nra.org/ – and – visit here for more information about guns in commercial vehicles - http://www.askthetrucker.com/cdl-federal-gun-law/ [...]
Honestly I have had my .357 with me for the last 17 years.Loaded and ready to Defend at all cost’s.Thankfully i have only had to Draw once,,,Better to have it and not need it,,than to need it and not have it.
Anyway i always tell any cop on a routine stop that i have a weapon on board.I have NEVER been confronted by a Zealous over anxious officer about it..Seems i hear alot of why do you have a gun?And every reply has been the same,Simply Said I Reply,The same reason you have one.Sure most of them will run your info for Felonies,,,And of course if your not a felon,,You don’t have anything to worry about..I realize that i am in now means a Lawyer and that my case studies may differ from other situations..All i am saying is that i carry a weapon through all 48,Always have,,Always Will,,And if they want to Outlaw it,,Then i guess i will continue to be an Outlaw.
[...] Federal Gun Law for CDL Drivers | AskTheTrucker.com interesting read on this subject… [...]
I have a permit from the state of Tennessee to carry a firearm. I have contacted many states that honor this permit and none of them have any law on the books that prohibit a truck driver from carring a gun as long as the federal law if followed.
The difference here is between carrying and transporting a weapon. Carrying a weapon means that it loaded and transporting a weapon the gun and ammo are separate and unreachable by the driver. The Travelers Guide to firearms is a good source of info. on laws in every state.
I am an armored carrier (tractor trailer) through out the lower 48 and am required to be armed under Title 15 USC Section 5901 and PL 103-55 Section 107.24, when not under under a “secure” load we are required to unload and stow our weapons. Take Note: CA,WI, MD, IL, MA, NY, NJ DOT all have problems with drivers having guns. They don’t like it and find a way to cause you greif. I’ve had issues with WI DOT even under a secure load with a federal gun permit. We have even had drivers had their guns confiscated and taken to jail for having a loaded weapon under a general freight load in IL. Another issue is what kind of weapon you carry into what state, and what ammo, for instance civilian possession in CA you must not have more than a 10 round mag in a handgun, or have an AR-15 on your truck. Any “Tactical” or “Assault” long gun/ shotgun, pistol grip or folding stock will get you jail time in CA. NOTE: HOLLOW POINT HAND GUN AMMO IS ILLEGAL FOR CIVILIAN USE IN NJ AND YOU WILL BE PROSECUTED IF CAUGHT !
Here is my opinion, if you are going to “Transport” a gun in your truck, obey all driving laws, know the laws in the states you travel through, and only load it if you feel the need to be armed in a potentiality dangerous environment.
Thank you everybody for all your opinions, advise, and input on this subject.
This has to be one of the most controversial and “vague” laws around.
I believe the mood of the officer in charge will have a lot to do with the outcome of caught.
Why not carry a can of spray for say killing Bee’s etc or Mace,is that truck which is insured worth your life? You spray them in eyes with bee killer & guess what they are blinded right a way and good kick to family jewels will do just fine. To many cities & states that have there own strict laws on carrying a gun and remember its your loss of Job and DAC record that will say why you were fired & you think atty is going to be cheap to help you out cause you feel you have the right to carry.
Hey Duke: There are certainly alternatives….I never really thought about it myself…..30 years on the road…and I never really had any problems or situations arise where I felt threatened enough to have to have a firearm…..thanks for the post…..Allen
I drove for 21 years. After getting a knife stuck in my back in NYC at 2pm on a busy street and every body looking the other way I made a vow before God not to go anywhere unarmed..Handguns are illegal in NYC so I told my carrier not to send me there unless he was willing to protect me if I was caught in a search. My truck was my home because I spent most of my life on the road running coast to coast 48 states. Different states have different laws but my 2nd amend. right was to “bear” arms.. I had a 629S&W and a 12guage S&W 18 in. shot gun that went every where with me, both loaded. I went to most all fed prisions and give up my guns and they were liffed in a tower and returned to me when I left. I don’t recall a trooper or sherriff ever asking me if I had weapons. Not to say they won’t. I would never intentally break the law but in exercising my God given right it may land me in jail but as the saying goes,,better judged by 12 than carried by 6.
Early this morning in Knoxville, TN. a trucker shot and killed an intruder who was breaking into his cab. At this point, no charges have been brought against the trucker. Comments by local residents in the newspaper have been overwhelmingly supportive of the driver. See:
http://tinyurl.com/aute9m
Yes, I do see….I don’t make the laws though.
I just got a qualcomm message saying that 11 trucks of ours in the last two weeks were stolen, half at gunpoint by Mexican gangs along the I-40 corridor. I am going this April and getting my concealed weapons permit in Florida.
Guys times are changing with the falling economy and if you read history, people are going to get desperate when they get hungry and its only getting worse.
Carrying several thousands of dollars worth of food or electronics now-a-days is just asking for it. I am going to carry and just hide it and hope for the best.
I travel all 48 and am armed at all times. This is due to the fact that there have been several times when I have had to defend my life. I drive heavy-haul, oversize frieght and almost always park in “secure” locations. You would need a crane and rigging crew to steal the frieght I haul, but even durring daylight my truck has been broken into and I have been attacked personally. As our econony is getting worse even decent people may be tempted to steal. I refuse to allow a group of lawyers and politicians keep me from protecting my life and what feeds my family. Like Steve said, “better to be judged by 12 than carried by 6″.
We’ve been hearing al ot of this lately. It’s getting rough out there and people do what they have to do to protect themselves. People ARE getting desperate, and I’m afraid things may get worse.
The problem boils down to this….
(although i hate government) the fact that we are subject to federal law, vis-a-vis interstate commerce, means that to simplify the various city/county/state/federal regs and laws we need to have one overiding law (set of laws) that supercede any and all other laws…
we need to (i hate to say this) get the D.O.T. certified as the ONLY entity that can set and enforce laws relating to commercial motor vehicles (other than speed, parking, etc.)
I have a carry permit in the state of Michigan and I will be an O/O very soon.
I’ve heard horror stories out here and I’d feel much safer if I were in a position to even the odds. That’s the whole point of carrying.
To me carrying a gun is like knowing CPR. You prey you never have to use it, but if you do, it’s there.
I will be getting a concealed permit in the very near future,I have been a OTR o/o for 14 years and have never felt the need to carry any type of firearm in the truck but as times get tougher and people more desperate it is becoming more evident that it will be necessary to put a gun in the truck,,
even in the area i live(rural) the news people are saying crime is up 50%-60%
Hi, I just got a qualcomm message saying that 11 trucks of ours in the last two weeks were stolen, half at gunpoint by Mexican gangs along the I-40 corridor.
Hey everyone….grabbed a little time to get caught up on some post readings …. what this “gun in a truck” issue really boils down to is this: do you risk your life? Or do you risk your job? — Even with a concealed weapon permit, it will not cover every single city, state and county law that a driver will be passing thru on his/her travels. I was a city cop and a county deputy sheriff. I ran into this on several occasions. Carried accordingly, ( weapon and ammo seperated, and stowed away from each other) chances are you will get the “OK” pass from an officer … I don’t see this as being the major problem … Most companies have a “no weapon” in the truck policy …. Many shippers and receivers have a “no weapon” on property policy …. So as I see it, the question again is: Do you risk your life? Or do you risk your job? The answer is an obvious one……. Thanks for all your posts and comments, and be safe………Allen
My CCW Permit is my USA Birth Certificate!!
A Tn. DOT Inspector once asked me if that gun holstered to my seat was loaded ?
I respectfully asked if that Officer went to work with his gun unloaded ?
We completed the in cab air brake inspection without further discussion of the 10MM strapped to the left seat.
LOL – Great Story Tommy Lee! Thanks for the post … Allen
[...] if you are caught with a weapon in your truck you are going to jail and you do not get to pass Go. CDL and Handguns [...]
[...] Posted by singlestacksig Federal Gun Law for CDL Drivers | AskTheTrucker.com interesting read on this subject… The reference to this Federal law is useful only as it [...]
Yes, the very first line of the law post shows : the Peaceable Journey Law
The truth about guns in trucks has been the same for everyone and every situation since the constitution was ratified in 1789. It was known then as the Bill of Rights. Thats right I said RIGHTS!! Don’t confuse this with privledge. We as American citizens have the RIGHT to bare arms. That is anywhere any time because it is a right. What needs to be done is education. If we all would just educate ourselves on our RIGHTS we would all be better off. Remember without property we have no RIGHTS and the only thing the goverment needs to make us all slaves is us. Our only property left is ourselves, so becareful and watch CONSTITUTION CLASS on UTUBE. Drive safe brothers!!
Hi Steve: Very well said …
I’ll say this, with all the truck high jackings. Lately, how many of us truckers have to be hurt or killed before anyone cares about us? As a otr driver the value of my load is alot higher some times then whats in a banks armored car, and they shure in hell have guns,and it is a commercial vehical, and if you have one locked in your sleeper, what good is it when some low life highjacking you? Point blank! No one cares about our safty! We are on our own. No one in the government cares about truckers, or we would be armed just like bank trucks,
Sadly, what you say is true…we have allowed our Gov’t to become too big and too many people rely on it as their answer to everything. But there are many voices that have been produced within the last 3 years that are bringing such issues to light and giving drivers a “voice” so they can be heard …. a long fight ahead, no doubt … Steve said it very well …. we have RIGHTS …. too many people, I’m afraid, are confusing RIGHTS with Privilege ….. this PDF file lists the states which honor the concealed weapon permit – http://www.handgunlaw.us/documents/USReciprocity.pdf — Be safe
I think it falls under our costitution to bear arms and thats what you do if it is your choice, I know if your life was in danger you would use it and what are the chance of that (SLIM) and I would be more concern about my life than the LAW!
Absolutely! What’s more important? Your life or the freight? The answer is obvious!
I been driving for 10 years and I have never been searched before. I carry a 357 but you need to use your head in a bad situation money or property is not worth a life BUT a life is worth a life.
I have always the position of gun or no gun was more of company policy than anything else. I do not know of any comp[any I ever worked for that did not have a paper for me to sign stating that I can not carry a weapon in the tractor. Nevertheless, I carried.
I delivered a load to Ft. Leavenworth a few years ago. I was so concerned about being searched and having a weapon in the truck I stopped in KY and left the weapon with a cousin. I asked the guard at the gate about the gun. He said as long as I had a permit and the weapon was “properly secured” I was o.k. After that I mad a point of stopping before I got to a military base, removing shells from my weapon and locking the weapon with the lock.
Also, the days of drivers carrying a lot of cash are over. Most drivers use debit/credit or company fuel cards.
i read posts here all the time and love to hear the differents in opinions i use to be one of those guys that you all talk about i was a big time car thief and drug dealer and anything else i could do for a dollar in Ohio after my son was born i turned my life around and now i dont have a right to carry or get my CDL but i will tell you this as one of those guys we looked for the easiest prey not the ones that would put up a fight.. if you pulled a gun even if we had one or more of us we would let it go because it was not worth the risk of our life or yours we would just move on to the next unarmed one
I am a Police Sergeant with 27 1/2 years behind me. I will be retiring January 1 2010 and I will be beginning a career driving a truck. I cannot recall ever asking a trucker if he was armed, because I never felt threatened by a trucker. I know a lot of them did not like the ticket I gave them, but never once was I threatened by one. Because of an act of congress, as a cop, and as a retired cop, I can carry a gun anywhere in this country I want as long as I continue to re-certify with it every year. I to had been told it was illegal to carry a gun in a CMV and I have asked our DOT guy to give me the code section that makes it illegal so I can get an opinion from the local Federal Prosecutor as to which law takes presidence. From the post above it seems that it may not be illegal after all. I will see what our DOT guy comes up with.
Looking at the federal law at the top of the page, you have to break it down into its parts.
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if,
When you read this portion of the code you can carry a firearm if you can lawfully possess and carry a firearm from place to place. This however does not overide state law where possession of a concealed weapon is illegal or you do not have a permit.
during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:
Simply stated, if you are carrying a firearm, the firearm and ammunition must be stored outside of the passenger compartment.
Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Since in almost every case a CMV does not have a separate compartment, you need to keep the weapon in a locked container, such as the case the pistol came in or in a locked storage compartment in the vehicle. Carrying any weapon where it is readily available, like someone pointed out above, strapped to their seat, would be in violation of the federal law. You must realize that other than DOT, the vast majority of officers on the street do not enforce federal law because they are not permitted to do so. They enforce state and local law and if the weapon is being carried in a manner that is illegal in that state or locality you might get arrested.
I do not know if I helped anyone or not, but this is my .02 cents. If you really want to get the question answered, send a letter to your local federal prosecutor and ask for a response.
On the other hand I whole heartedly agree that everyone needs the ability to defend themselves. Take trainig classes from NRA or other national groups, and go back every few years to refresh your memory. Seek guidence from a trucker friendly attorney. And by all means do not use a weapon unless you have no other option avaialbe to you, including running away from an assailant. What happens to you in criminal court may be nothing compared to what happens in civil court. Another piece of advise is to get personal liability insurance if you are going to carry a gun and make sure it covers you if you use one. One act of self defense in an area were guns are not tolerated may cause you financial difficulty for the rest of your life. That is probably one of the biggest fears that every cop has, not that he did his job and had to shoot someone, but what happens to him in civil court where some gun hating jury wants to make an example and takes pity on the perpretrator who got shot and now cannot support himself or his family and wants you to support them.
Be careful and good luck.
I was an armed guard in North Carolina for nearly 15 years. Our training and qualifications were the same as for any LEO in NC, with two exceptions; we had no powers of arrest, and the fleeing felon rule did not apply to armed guards.
With that being said, I am by no means a scholar on the subject, nor do I condone or condemn the carrying of fire arms. Just be sure you know the laws of its USE wherever you are if you have to use it. Laws for legally carrying a fire arm, may not protect you if you have to use it.
In NC you can not use deadly force to protect any property regardless of its value. Deadly force can only be used to protect your life or the life of another.
I remember reading in a professional publication about an armed courier who shot and killed a suspect who was threatening him with a gun. In court the prosecuting attorney argued that because the guard had scored 100% on all of his weapons qualifications for all the years he had worked, he should have been able to shoot the gun out of the perps hand, or shot him in a part of the body that would not have been life threatening. Not the two rounds center mass as he was trained. The jury agreed, and the guard was found guilty of manslaughter.
Another incident that happened with the company I worked for, but not in NC. A perp ran by a courier grabbing his tote bag of $$$. The courier ran after him, firing 3 rounds. 2 striking the fleeing perp, 1 striking an occupied vehicle parked on the street. The $$$ was recovered; the perp lived; an array of charges were brought against the courier by the state; the company fired him for violating the company’s policy on use of the firearm; the perp filed a suite against him, as well as the person who was in the car that took the stray round. And finally after all of this, some months later the courier took his own life.
And one more; just two weeks ago, two friends of mine who lived next door to each other. 1 was carried by 6; 1 will be judge by 12; 2 families torn to hell, all because of where a dog went to the bathroom.
I’m not saying we should not be ready to defend ourselves out there, but don’t pull it unless you intend to use it. If you use it be prepared to defend yourself legally for the rest of your life.
I carry and I’m proud of it LOL. Best way to go on this is get a concealed carry license and check state to state laws.
Kentucky thank god is an OPEN CARRY meaning I can carry a gun on my side in public, out in open whatever and nothing is done.
I carry all the time. But I do go by laws and signs posted on stores and whatnot, most of the local store owners know who i cam and have no problem with it.
I carry because I am ready, willing and capable to defend myself, property or family.
The better half carries a gun and drives a truck OH MY LOL. I got hated on another trucking blog that IS NOT worth mentioning over this whole carry a gun in the truck ordeal.
Subject: Exactly what this Federal law means.
First thing to understand is that this law wasn’t “written for truckers”. It’s a much more general thing, originally known as the Firearms Owners Protection Act (FOPA) of 1986.
That law was a compromise: the “anti gun” side got a ban on new fully-automatic guns being released onto the (heavily restricted/regulated) civilian market.
In exchange, gun owners received protection when traveling with guns through a state that is heavily anti-gun.
Here’s how it works.
You’re a Virginia resident who legally owns a gun. You’re going to go on a hunting trip in Maine. To get there, you’re going to drive through New York (no choice about it).
Prior to FOPA this was impossible. You can’t possess a gun AT ALL in New York unless it’s registered to you after six months to a year of paperwork and BS.
FOPA says that as long as you’re legal under state law at your points of departure and arrival, meaning in this case Virginia and Maine, New York (and Massachusetts if you take the southern route) cannot screw with you as long as the gun isn’t set up for immediate defense in the non-gun-friendly states along the way. In this case, just before hitting the NY border you need to unload your stuff and lock it away good, and the glove compartment isn’t good enough. You basically need to make it “not readily available” while passing through the “bad states” – but you can haul it out again once you’re back in “Free America” (which is now, thank God, most of the US).
FOPA isn’t a restriction, it’s a protection.
A lot of the time you don’t need FOPA. Fr’instance, you’re a trucker based in Phoenix AZ, you’re making a run to Salt Lake City UT. You have an AZ CCW permit (Carry Concealed Weapons), and since UT recognizes AZ permits, you can be completely strapped the whole trip – you don’t need FOPA protection as neither state is hostile. Make a similar run to, say, WA state, and if you pass through California you need to lock it up while there and FOPA keeps California cops off your back.
As an aside: it also applies when traveling in whole or in part by air. Say you’re flying to a pro-gun state but bad weather diverts you to Chicago for a night. You’re still OK as long as it’s unloaded, locked in the proper luggage allowed under checked baggage rules, etc. Or you’re going hunting in Vermont, you fly into a New York airport with a piece in checked baggage, you then rent a car and drive to Vermont, FOPA still applies as a ban on New York law enforcement screwing with you so long as you follow the FOPA rules while in NY. And yeah, it took a couple of Federal civil rights lawsuits to get them under control.
Finally, there is NO Federal law saying “truckers get disarmed no matter what”. There’s apparently a lot of rumors going around that that’s the case, likely something a lot of truck company managers like to pass off as gospel, but it’s 100% false. Truckers operate under the same state laws as anybody else and probably get protected by FOPA more than most when they have to travel through “People’s Republik” states…
Thanks for the info. Also, want to plan your trip to see which states you’ll be traveling through will honor your permit? Here’s a cool concealed weapon permit travel planner: http://apps.carryconcealed.net/packngo/index.php
I’m thinking about begining a career as a trucker. It shows how stupid the “more government” and fedinista creatians really are by opposing the natural right to self-defense.
Don’t they know from just observing nature (I guess most of them never squirrel hunt or bass fished as a boy) that even animals know it’s right to defend yourself?
To say otherwise is against the laws of nature, but then again when you live in a concrete jungle full of pinkos, and have spent years reading government approved Communist literature in the edumacation “system” you probablly see the World like 1984-black is white, right is wrong, poor is rich, up is down, etc. Reprobate minds in action-robbing Peter to pay Paul. NWO Commies!
This Tennessean and his 1911 say-Molon Labe’! NWO
Infowars.com (you don’t believe that Bilderberg psyop they call “news” do you? I sure hope not-all commie city folks views vs. the real America Bill of Rights reading Country boys-and proud of it!)
Deo Vindice
This a follow-up to a news item I mentioned back in March of 2009 when a truck driver shot and killed an intruder in Knoxville, TN. The driver was not charged in the shooting of James Edward Hodges.
Even though the driver did not have a carry permit, the DA’s office said, “We weren’t concerned with that. We were concerned whether the homicide was justified or not. We determined that it was.”
http://tinyurl.com/ygmwv9b
Notwithstanding means “Despite” or “In spite of”. If you still don’t understand, that Federal law allows you to transport a firearm across the country under the conditions listed, REGARDLESS of ANY state, city or county law.
There is no other way to interpret that.
In the past thirteen years that I’ve been driving I have seen the road to be an ugly place. I also have a CWP and carry where ever I go. I know that my state, SC and for what I gather a lot more states state that I person has the right to pretect themselves in their home, vehicle, and place of buisness. I don’t believe everyone has the common sense to carry but the good part of drivers out there can. I asked a DOT officer what he had thought about it and he said that he would definitely have his gun on him. But if you do dicide to carry, the lock bow is a good idea when you get out of your truck.
It all boils down to a personal choice by the driver. Here’s a site that will show you which states you are traveling through will honor your CWP: http://apps.carryconcealed.net/packngo/index.php
We are looking into driving an armored transport. We worked for a company that serviced the military (DOD) with highly secured freight. We were required to qualify for a Secret Clearance through the DOD, but we were not, under any circumstances, allowed to carry a weapon. It was disappointing, to say the least. Now that we are looking into ACT we will be required by this particular company to carry. I appreciate all the information provided by this thread. I just have one more thing to add. I think I would rather take my chances with a jury on a manslaughter trial vs having to pay some sorry SOB for the rest of his life because I just winged the bastard.
Again, personal choice. So often, the law is against the law-abiding citizen and you never know how the jury will decide. You’re much braver than I am! …. Allen
I have driven for Dunbar Armored & was licensed in PA but was allowed to drive & pick up customers in NJ, the only difference was we had to put FMJ & get rid of the hollow points as NJ bans all hollow points ammo unless you are law enforcement. Hope this helps you…
The law stated that you can legallly carry a gun providing the state you are going to honors your carry permit. You can find this information out on:http://licgweb.doacs.state.fl.us/news/concealed_carry.html
For example, I live in PA, so when travelling through a state like NY or NJ my gun & ammo had better be locked up & seperated. If I have a FLA carry permit, I can drive locked & cocked from PA to DEL..hope this helps someone. I am a firm believer of our 2nd Ammendment right to carry.
Thanks Frank …. I’ve mentioned this many times before, that much depends on the state one will be passing through … here again is another site which is a good “trip planner” showing which states will honor the permit …
http://apps.carryconcealed.net/packngo/index.php
Despite all of the laws and regulations it boils down to this. It is better to be judged by 12 than carried by 6.