CDL Federal Gun Law
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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?
9 Responses to “CDL Federal Gun Law”
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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!