Truck Drivers and the Unlawful Possession of a Firearm
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
With trucking being the largest sector of the economy’s transportation industry, it easily beats out all other areas such as air, water, rail and pipeline. Trucks account for more than 80 percent of total transportation revenue, pulling in more than $124 billion in 2006. The industry is so large, that one in every 15 people are employed in the trucking industry. Even in tough times such as a recession, trucking, in some form, will always remain. There are still those who, for many reasons, cannot receive the needed CDL license in order to operate in commercial commerce. Trucking companies like Pitt-Ohio are increasing the chances for many, by implementing new and visionary training opportunities which can lead to achieving the commercial driver license. Welcome to the world of trucking . . . by way of the Sprinter Van.
For thousands of new CDL students and truck drivers, entering into an industry that they know nothing about can be devastating financially. The ever present scams of the over the road trucking industry and truck driving schools continue to ruin the lives of many wanna’ be truckers. Not fully understanding the inside workings of OTR trucking, many newcomers to the industry will fail, through no direct fault of their own. The failed success of many truck drivers breaking into the business, is simply the way a large portion of the industry is set up to be. For many trucking companies, the truckers failure is their success.
The trucking industry is changing or at least let’s say that it better change. Thousands of trucking companies went out of business in 2008 and many more are still struggling to hold on. New CDL drivers right out of school are discovering that there are few openings available for recent CDL graduates with little driving experience. Many drivers are finding themselves sitting more than making the wheels turn and of course, the age old problem of “cheap freight” is still going strong.
The trucking industry has several organizations that represent our nations’ truck drivers. Unfortunately, it is not uncommon for an organization to use the main theme, content, or source from another’s news story or blog post and not link back to, or at least mention the original post or author’s work and research.
