Gun Laws | AskTheTrucker

CDL Federal Gun Law

Posted by Allen Smith in Truck Driving Jobs, otr trucking on June 2nd, 2008

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?

: cdl, DOT, gun laws, motor carriers, otr trucking, owner operator, truck driving careers, trucking, trucking companies, trucking life

cdl, DOT, gun laws, motor carriers, otr trucking, owner operator, truck driving careers, trucking, trucking companies, trucking life

63 Comments

CDL Truck Drivers Carrying Guns

Posted by Allen Smith in Truck Driving Jobs, otr trucking on July 29th, 2007

Professional over the road CDL truck drivers are a unique breed of men and women. Strong, determined and masters of stamina, they keep the life blood of our country moving. Truck driving isn’t for everyone . . . in fact, few can actually handle the daily stress and long, endless hours of being out on the road. Long haul trucking is a rough life.

Along with this lifestyle come dangers. Driving through unfamiliar territory late at night looking for your loading or unloading destination . . . totally exhausted trying to find a place to park and you finally settle on the one spot you can find: along the side of an exit off ramp . . . or broken down out in the middle of nowhere . . . in this crazy world we all live in, danger can be just around the next bend.

I remember one night when I pulled into a truck stop in Jessup, Maryland and literally fell right into bed. What seemed like a few minutes later, I heard someone shouting, then some more yelling, and then . . . gun shots! The shots rang out about three trucks down from where I was parked. Seconds later, I was crawling into the driver’s seat, pulling back out onto I-95! To this day I don’t know what occurred, and at the time I didn’t want to know.

At present, there is no Federal Law that states that it is illegal for CDL truck drivers to carry guns in the truck with them. I’m the first to say that there have been several times when I would have felt much better had I had a handgun in my possession. But the question remains . . . should professional CDL truck drivers running over the road be allowed to carry hand guns with them? I find myself evaluating the pros and cons. The large majority of these men and women are good, honest and hard-working adults. The main priority is providing a living for themselves and their families. Should they have to face potential threats in crime infested areas without a means of protection, due to a few “bad apples” in the bunch?

Any professional trucker will tell you that when you are taking a high value shipment into an area of Detroit, Chicago, LA or New York City, etc., at 2:30 A.M., the potential of an attack is always probable. I recall several years ago when drivers were getting killed and their loads stolen while running across I-10 in South Texas along the Mexican border, where you can drive a hundred miles and only see a few cars.

On the other hand, trucking is a hard, stressful vocation. Tempers can flair at the drop of a hat. All one has to do is listen to the CB radio and you will hear constant fighting and berating by many drivers. One fight, one temper, and if one driver has a gun and other does not . . . ? For all the good, law-abiding drivers out there I wish they could be allowed to carry protection. But looking at the insane world we live in now, could it actually bring about more problems? On the other hand … it is our Constitutional Right!

What do you think?

About the Author:

Aubrey Allen Smith is the author of the Truth About Trucking. An expert in transportation, and former police officer and a deputy sheriff, he has helped many new drivers discover the scams within the trucking industry.

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: aubrey allen smith, cdl, gun laws, trucking