Truck Drivers and Guns...

[SavageEagle]

I've long been considering being a truck driver. I've also looked over DOT regulation and maybe I've missed it, but is it DOT regulation that you cannot carry while on the job, or is it company policy only? I know 90% of companies tell you you cannot carry, but what about O/O's? Are they allowed to carry while driving?

I ask because I would hate to drive into some cities and be unarmed. Now I know it would be dumb to drive into Chicago while carrying, but other cities that would be legal if I had both available non-Res. licenses also wouldn't matter so much. And being a Truck driver, you can plan to get gas before you come to a state or city that forbids it if you don't have to stop there.

I personally know many drivers who carry anyway, anywhere, and don't care one way or another, but for my own piece of mind I was just wondering.

 

[Bubbajms]

From what I know, there isn't any DOT regulation about it. The companies will try to tell you that it's regulations that you can't carry, but there's nothing in the law that says you can't..

You would have to watch what you do crossing state lines, though..

 

[SavageEagle]

Oh of course. I wouldn't carry anything that couldn't be stashed and hidden. I wouldn't want to drive to Chicago without one, but I'm not saying that I would or wouldn't either....

 

[repair]

I was thinking about this the other day and I think that their some rules about it, I have a CDL.

I know for a fact that you CAN NOT have one in your truck in Chicago.

I'll try and find my CDL book and look it up.

 

[SavageEagle]

LOL I know you can't have one in your truck in the Chi too, but that doesn't stop MANY guys I know from doing it anyway. It's a big risk, but so is driving into the part of the Chi they go to too.

Yea, let me know if you find something.

 

[singlestacksig]

Federal Gun Law for CDL Drivers | AskTheTrucker.com

interesting read on this subject...

 

[SavageEagle]

Sounds complicated.... Thanks!

 

[melensdad]

Sounds complicated.... Thanks!

NO it is not complicated. What is cited in the link is the federal safe transport law that applies to all people who want to drive from point A to point B with a gun in the vehicle. The law presumes that the driver is NOT a CCW/LTCH holder. Before I retired I owned a fleet of trucks that drove interstate routes.

GENERALLY SPEAKING:

If you are a truck driver and you are only driving WITHIN the state, you can carry a LOADED gun if and only if you have a LTCH.

If you are a truck driver and you have an Indiana LTCH, and you are CROSSING state lines, then you may carry a LOADED gun across any state line where your LTCH is honored.

If you are a truck driver and you are CROSSING state lines into a state that does not honor your LTCH then you must unload your weapon and keep both ammo and weapon out of your reach while driving.

• WHEN you reach your destination within a state that does not honor your LTCH, you may access the weapon and load it and keep the loaded weapon with you in the cab while you sleep, rest, do your paperwork, etc. You may also keep a loaded weapon in your hotel room when you travel, etc. There is no DOT provision for carrying a gun intrastate or interstate for the purpose of self-defense. The laws regulating transport of firearms apply to all people transporting them, not just truck drivers.

I am not a lawyer, you should confirm this information on your own.

 

[SavageEagle]

LOL Its only complicated when you are chasing 4 kids and feeding them while trying to read...

Thanks for the clarification, I'll deffly get that confirmed with some more research. Thanks.

 

[NEOCON]

Melensdad is correct. I have a CDL and carry all the time. However some insurance companies have a policy for those they insure that they cannot have a weapon.Some companies will state this in their company rules. But then again this is a rule and not a law.

 

[Bubbajms]

I think it's just easier for the boss to say "No, you can't, because laws say so" compaired to "No, because I'm the boss and I said so.."

 

[Greg.B]

You've opened up a can of worms This is a much discussed topic by drivers and those involved in the trucking industry, particularly those involved in the DOT compliance side of the business.

Ok, first, my disclaimer: I am not a lawyer, and am not qualified to give legal advice. You absolutley should check with an attorney on this subject. The following is only my interpretation of what I've been told over the past 8 years, and is striclty my personal opinion formed from unofficial conversations on the subject.

Now, for a little background, from 2000 to 2002, I was an OTR truck driver, and was a fleet manager for a 43 truck fleet for 6 years from 2002 to 2008 in Indiana. I was asked this question so many time I lost count...so being the fleet manager of a trucking company, with an OUT OF STATE (Kentucky) weigh station just 6 miles south of our terminal, I did what any self respecting, gun loving, truck driving, fleet manager would do. I went down there and asked them. We had a pretty good relationship with them, and spoke with them on numerous occasion to learn their intepretation of laws, so this wasn't anything out of the ordinary.

What they told me is that the peacable journey law is a federal law that applies to everyone, regardless of vehicle type. It is NOT specific to CMV's. They advised that if I were to search the FMCSA regulations (these are the laws that govern CDL holders and commercial vehicles) you will find that NOWHERE is there a reference to firearms. In fact, the only references to concealed weapons relate to drug testing provisions and collection sites.

The scalemaster summed it up to me like this: There is no FMCSA law that prevents a CDL driver of a CMV from legally carrying a firearm in accordance with the regulations of his home state where his permit is issued, providing that he is in his home state OR another state that honors his home state permit. He said that the only restrictions or problems would be from state to state and some metropolitan areas depending on how those states/municipalities interpreted and/or honored his home state permit. He also added, that he and other officers he knew had no problems with a driver legally carrying a firearm under the above conditions. However, he did add that the general demeanor and conduct of the driver would determine how the situation was handled; i.e. if the driver was 100% legal on hours, paperwork, equipment, etc. then they wouldn't even pursue investigating his CCW as long as he had a valid resident or non resident permit. However, if he was behind on logs, had unsafe equipment, a bad overall attitude, etc. then he 'implied' that they would follow every paper trail they could, even pertaining to his CCW status in order to find and issue every violation possible.

Now, lastly, I CAN tell you that very few companies will allow their drivers, either O/O's or company, to carry firearms either in the truck or on the property. This sometimes is simply a company policy, but in many cases it's a requirement of their insurance carrier. In the trucking industry, the insurance carriers have more control over the drivers and equipment than the actual trucking company does! Add that to the fact that truck drivers are often over worked, under rested, and under paid, and you have a very emotional situation where they don't want firearms to be a part of the equation.

 

[SavageEagle]

Greg, Thanks for the info! I've hung out at truckstops since I was 16 and found three things. 1) If you need a damn good joke, no better place to find one! 2) The best place to hear some good stories, yep, truckstops. And 3) Some of the best advice I have ever been given, has been by truckers. Ever since I was 16, I always wanted to be an O/O OTR driver. Having kids now changes things a bit, but never-the-less.

Them DOT guys are no joke, but they are some real nice guys. It's them damn insurance companies... They think they own the world man.

Anyway, thanks for the info.

 

[sloughfoot]

What Greg.B said, plus Canada. I was detained enroute to Winnipeg for 4 hours because Canadian Customs was CERTAIN that I had a handgun somewhere on the truck. He absolutely tore apart my truck looking for the handgun. He never found it because I didn't have one. He even accused me of leaving it at the last truck stop 10 miles south in ND. I did NOT LAUGH at this.

There is no real answer to your question except the most defensible firearm in most jurisdictions is the single shot or side by side shotgun.

Maybe it helps, maybe not.

 

[SavageEagle]

SERBU!!! FOUND A USE FOR THE SERBU!!!!!!!

Oh wait, maybe not.

 

[FordMan08]

Great thread, I learned a few things....thanks fellas.

 

[4sarge]

What Greg.B said, plus Canada. I was detained enroute to Winnipeg for 4 hours because Canadian Customs was CERTAIN that I had a handgun somewhere on the truck. He absolutely tore apart my truck looking for the handgun. He never found it because I didn't have one. He even accused me of leaving it at the last truck stop 10 miles south in ND. I did NOT LAUGH at this.

There is no real answer to your question except the most defensible firearm in most jurisdictions is the single shot or side by side shotgun.

Maybe it helps, maybe not.

Pre 911 the wife and I were on our way back from the Berkshires and decided to take a side trip to Niagara Falls. Got in the wrong lane and was on my way into Canada. I spent 30 minutes telling Canadian Customs that I had no firearms in the vehicle all the while he kept stating, we know all Americans have guns. I told him that I owned several but they were currently in Indiana. He finally decided to let us go on but warned us if I was caught in Canada with a firearm that I would be prosecuted. We didn't have any firearms with us and I have not been back to Canada.

 

[koenig clone]

i deliver milk everyday to some of the worst parts of indy everyday. i've seen crazy things and there have been several times i wish i had some protection at 4am. I was told at my previous over the road job that it was against federal law to have any weapon whatsoever in the cab of a commercial vehicle. thats why the tire thumper shaped like a baseball bat is so popular. I would really like to know for absolute sure what the law states.

 

[melensdad]

I was told at my previous over the road job that it was against federal law to have any weapon whatsoever in the cab of a commercial vehicle.

What you were told is an OUTRIGHT LIE

I would really like to know for absolute sure what the law states.

If your trucks stays INSIDE the State of Indiana then get a LTCH and you may carry a loaded handgun on your hip, in your truck, while you are operating the truck. That is the law.

Your employer may have a rule against it. If there is no rule on the books then your best option is don't ask. If you do ask they may decide to write a rule. You can be fired for violating a rule. You cannot be fired for obeying the law when there is no rule. But we are a right to work state, so in Indiana you can lose your job for no reason.

 

[repair]

I drive a school bus and you cannot carry a gun or ammo on a bus so that's what had me confused about a commercial vehical.