Federal Motor Carrier Safety Administration

As provided in my previous post, Truck Drivers and the Controversial Gun Debate, the right for truck drivers to carry a firearm in the commercial motor vehicle is always a hot topic among truckers.  I can see both pros and cons to this issue, although I have found that most truck drivers will stand on their 2nd Amendment Right to keep and bear arms.  We have received many emails from truckers across the country voicing their opinions on this issue, and we are seeing that about 95% believe they have the right to carry protection with them in the CMV, while about 5% are against it.

As many will recite the Peaceable Journey Act to back-up their right to carry, I wanted to dig a little deeper as to what, if any, does the Federal Regulations say about the transportation of firearms by licensed CDL holders.   What I found is the term, unlawful possession, which I feel is important for all CDL drivers to understand.  This term could be the reason why some professional truck drivers find themselves in trouble with D.O.T. or other law enforcement officials.

According to the Code of Federal Regulations, Title 49, Volume 9 which was revised as of October 1, 2005 and Chapter XII, Subpart B under Section 1572, firearms are mentioned under Section 1572.103 – Disqualifying criminal offenses.  Under this section, truck drivers can lose their CDL for life if they are found to be in violation of what is known as Interim Disqualifying Offenses.  According to this Regulation, truckers can be disqualified from ever having a CDL license if they are found to be in:

“Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm or other weapon.”

As I read headline news where truck drivers have been arrested at a weigh scale or inspection site for having a gun in the vehicle, I had to wonder if there were another side to the story, since by all Federal Law and meeting all city, county and state laws and regulations, and if their motor carrier allows them to carry in the CMV, why were they arrested? I would have to conclude that they were, somehow, in violation of this unlawful possession offense.  Not being an attorney, I had to research exactly what does “Unlawful Possession” mean? Although each state varies in their definition of unlawful possession, here is a general outline :

A person commits the crime of unlawful possession of a firearm (State permit license excepted) if the person knowingly:

• Carries any firearm concealed upon the person
• Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or
• Possesses a firearm and has been convicted of a felony;
• Was committed to a State Health Authority  (Court determination of mental illness);
• Was found to be mentally ill and subject to an order  (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or
• Has been found guilty except for insanity (Effect of mental disease or defect) of a felony.

You can read more about Interim Disqualifying Offenses from the FMCSA website, and be sure to tune in to Armed American Radio on Sunday, August 8th, 2010 from 9-10 PM EST as Mark Walters, myself and others, will discuss the right to carry as it pertains to professional truck drivers.

Mark Walters is host of the nationally syndicated, Armed American Radio by Salem Radio Network.  He is the columnist (The Ordinary Guy) for Concealed Carry Magazine, and co-author of the best selling book, Lessons from Armed America, which is available at White Feather Press and all major book retailers.

© 2010, AskTheTrucker. All rights reserved.

: 2nd amendment, cdl, firearm, Interim Disqualifying Offenses, Peaceable Journey Act, right to carry, truck drivers, trucking, unlawful possession

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Mark Walters host of Armed American Radio

Armed American Radio is one of the fastest growing Nationally Syndicated Radio Programs in America. Host, Mark Walters is a columnist with Concealed Carry Magazine and co-author of the highly acclaimed book, Lessons from Armed America. He is also a 26 year veteran of the trucking industry. His radio show is heard in all 50 states and 11 countries, and he has appeared on the Fox Business Channel.

I have been asked by Mark to be a guest on the show which will air live on Sunday, August 8th, 2010 and is scheduled for the second hour of the show, from 9-10 PM EST. Discussion will be on truck drivers and their right to carry a firearm for protection. I urge everyone to tune in and call in to the show to share your views on this issue.

Professional truck drivers are expected to travel in and out of the highest crime areas in the country.  We usually think of the most common places such as Chicago, Detroit, Los Angeles, and the inner boroughs of New York City.  However, truck drivers today can face life threatening situations anywhere across the nation as crime continues to rise.  States that one usually does not associate with a high crime level have now made the list of the top 15 most dangerous states for 2010.   Arkansas, my birth state, comes in as number 10 on the list, while Oklahoma, my home state, ranked number 13.  Crime is everywhere.

The recent prison escapees out of Arizona, hijacked a tractor-trailer rig with two truckers and as all three escapees were serving sentences for murder, these truck drivers were lucky to escape with their lives.  Others have not been so lucky:

• NY Truck Driver Shot, Killed In Cab
• Truck Driver shot in Fort Worth
• Truck Driver shot in neck, dies
• Truck Driver shot in Dillon
• Truck Driver shot and killed in Tampa . . . and on and on and on . . .

The issue of truck drivers being able to carry a firearm in the truck with them for protection is always a heated one.  Many do not believe that this would be a good idea, and in fact, would lead to more criminal acts.  Evidence, on the other hand, shows this is not the case.  In case studies, both here in America and Europe, when more law abiding citizens were armed with protection, crime actually went down.  The question is not whether or not truck drivers should be allowed to carry a gun in the commercial vehicle . . . the question is : are you willing to give up any of your Constitutional Rights under any circumstance?

Contrary to what you may have read on the internet, there is no Federal Law against truck drivers carrying a firearm with them in the commercial motor vehicle.  In fact, Federal Law states that you can.  According to Title 18 Section 926(a) of  The Peaceable Journey Act, under Part 1, Chapter 44, it states:

“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.”

The problem with truck drivers not being able to carry a gun with them for protection has nothing to do with a Federal Law.  Truckers are faced with two hurdles to overcome when faced with this issue:   (1)  Being legal and not violating any city, county or state law of any state that they will be passing through and (2) abiding by any company policy that their employer may have in place. The first point is clear in the opening sentences of the Peaceable Journey Act:

“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof . . .”

A truck driver must know for certain that he or she will not violate any law of any city, county or state that they will be passing through on their journey, as it pertains to carrying a firearm within the CMV.  Most often, this is not a problem since most states recognize a permit to carry . . . most do . . . not all:

• Driver arrested at Texas D.O.T. weigh station when gun discovered in truck
• Truck Driver arrested in New York when hand gun was discovered on routine inspection stop
• Maryland Truck Driver arrested after firearm found in vehicle

Whether you have a licensed, permit to carry . . . laws in cities, counties and states matter.  That is number one . . . number two, an employer has the right to establish any such company policy that employees are expected to adhere to.  Most motor carriers have a policy of “no firearms” allowed in company vehicles.  It is the same as the policies of many shippers and receivers, such as a Walmart Distribution Center, for example.  They will usually have a sign on their property stating that no firearms are allowed on company property and that they reserve the right to search your vehicle.  It is their property, their policy.

So how do you answer the question, “Can truck drivers carry guns?” From a law point of view, yes . . . but I would make certain that it is registered and that you have a state license to carry.  On the other hand, “Can truck drivers carry guns?” . . . no . . . not if the motor carrier or employer has a policy forbidding it.

So the final answer to this question really comes down to you, the truck driver.  Are you willing to carry a firearm for protection within the cab of the CMV at the risk of losing your job?  Federal Law allows it . . . your 2nd Amendment Right allows it . . . but as a professional truck driver who’s motor carrier may have a policy against it . . . you must make the personal choice of whether or not to carry a gun in the truck with you or not . . . and risk losing your job for it . . . as well as running the risk of arrest by violating any city, county or state law as stated in The Peaceable Journey Act.  This is what it really boils down to.

What are the pros and cons to this issue?  Good idea or bad?  I hope you will tune in to the show on Sunday, August 8th, 2010 at 9 PM EST and let host, Mark Walters hear your thoughts on this matter.

Thanks,

Allen Smith

© 2010, AskTheTrucker. All rights reserved.

: 2nd amendment, Armed American Radio, carry, guns, Mark Walters, Peaceable Journey Act, permit, truck drivers

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Trucking talk radio, Truth About Trucking “LIVE” discussed the 2nd Amendment this evening, your right to carry a firearm in the commercial motor vehicle.  With a huge “live” listener turn-out, the show ultimately came down to the fact that trucking company policies stating a driver cannot carry a firearm in the truck with them, is the main cause of violating your Constitutional Right.

On the other hand, by violating your company policy, you risk losing your driving job.   Should a company policy be able to override a Constitutional Right?  Thanks to the callers, those in the chat room and all of the listeners on this evening’s program.   As long as we remain silent, nothing will change and our legal rights as citizens will continue to be abused.

Allen

© 2009, AskTheTrucker. All rights reserved.

: 2nd amendment, commercial motor vehicle, constitutional right, firearm, policy, talk radio, trucking, trucking company

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Sally Baptiste just informed me about a little known Bill that just recently made it to the House of Representatives that is nothing more than an attempt at doing away with our 2nd Amendment Right:  Gun Ownership.

The HR 45 Blair Holt Firearm Licensing & Record of Sales Act of 2009 was just sent to the House and even many gun shop owners do not know about this Bill because it is “flying under the radar.”  Basically, this “secret” Bill would make it illegal to own a firearm: any rifle with a clip or any hand gun unless:

1. It is registered
2. You are fingerprinted
3. You supply a current drivers licens
4. You supply a SSN
5. You will submit to a physical and mental evaluation at any time of their choosing
6. Each update – change or ownership through private or public sale must be reported and will cost $25.00
7. Failure to do so will automatically cause you to LOSE the RIGHT to own a firearm and you will be subject to facing one year in jail.
8. There is a child provision clause on page 16, section 305 stating a child-access provision.  Weapon must be locked and inaccessible to any child under 18.
9. The Government would have the RIGHT to come and inspect your house to make sure you are storing the weapon safely, away from children, and fine is punishable for up to 5 years in State Prison.

As Sally put it:  “This is just a “termite” approach to complete confiscation of guns and disarming of our society.  Chip away a little here and there until the goal is accomplished before anyone realizes it.”

The HR 45 Bill was very secretly done, but thankfully, the “word” is getting out.

Allen

© 2009, AskTheTrucker. All rights reserved.

: 2nd amendment, bill, gun, gun control, HR 45, ownership, sally baptiste

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