Laws for truck drivers.

[Big House]

what does the law say about carrying a firearm in a commercial vehicle. I have heard it is illegal and im pretty sure it is, but i cant find a place to explain the law concerning truck drivers.

 

[Mosinguy]

Not a lawyer but I think it would have to do with company policy really.

 

[gunbunnies]

Not a lawyer and not sure where the actual code is but I believe it's in your cdl rules that a commercial vehicle may not have a loaded firearm on board...

 

[Awful Waffle]

Not a lawyer and not sure where the actual code is but I believe it's in your cdl rules that a commercial vehicle may not have a loaded firearm on board...

Thats a myth.

 

[Flintlock]

Thats a myth.

Please cite the relevant IC to back this up.

 

[Awful Waffle]

Please cite the relevant IC to back this up.

There isnt one. No code exists that anybodys ever been able to show me to prove that theres some federal law against carrying in a CMV.

 

[Bob45]

This comes up pretty often, Ive never seen anyone be able to cite a law that says it is illegal to carry in a commercial vehicle as long as you have a permit for wherever you are. I do it everyday

 

[confused89]

There is a sign at the AZ port of entry weigh station that says not firearms inside building. They have lock boxes outside of the door that you can put your firearm in. THey wouldn't have those if you were not allowed to carry in a cmv.

 

[Hotdoger]

No Federal Law against carrying in a CMV.

All Regulations - Federal Motor Carrier Safety Administration


State laws govern and they are no specific CMV bans that are known.

 

[pathfinder317]

No laws against it , maybe a company rule against carrying.

 

[Sgood]

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.

I believe what it is saying….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.

 

[ProLibertate]

Please cite the relevant IC to back this up.

There is no IC code to back up that it's a myth. This has been said a thousand times before, and it will be said a thousand times again:
Laws don't tell you what you are allowed to do. They expressly tell you what you may NOT do.

It is in fact a myth. There is no federal or state law or statute prohibiting a firearm in a commercial vehicle. Period.
You can read the IC book from cover to cover and not find one.

This myth was likely started by OTR long haul truckers because they, in effect, cannot carry a loaded weapon in their rig for one simple reason. There is no handgun license anywhere in the US that is recognized by all 50 states (except the L.E. HR-218 exception for active and retired police), and truckers cross several state lines each day.
Most companies parrot the myth as law because it serves their purpose to reenforce company policy on carry. But, the reality is that there is no law preventing it. Worst case scenario? You get caught and fired for violating company policy.
Many truckers do carry, however, and simply unload the weapon and lock it up when traveling in states that do not offer reciprocity with their home state. In theory, they are still legally covered to have the unloaded weapon by the Federal Peaceable Journey Act. If you are a local (in state only) driver, then you have absolutely no legal trouble to worry about whatsoever.

Bottom line: Concealed Means Concealed. Carry at your own risk, but the worst thing you'll lose is your job.
For me personally, my life is worth more than my job.

 

[Hiram2005]

There is no IC code to back up that it's a myth. This has been said a thousand times before, and it will be said a thousand times again:
Laws don't tell you what you are allowed to do. They expressly tell you what you may NOT do.

It is in fact a myth. There is no federal or state law or statute prohibiting a firearm in a commercial vehicle. Period.
You can read the IC book from cover to cover and not find one.

This myth was likely started by OTR long haul truckers because they, in effect, cannot carry a loaded weapon in their rig for one simple reason. There is no handgun license anywhere in the US that is recognized by all 50 states (except the L.E. HR-218 exception for active and retired police), and truckers cross several state lines each day.
Most companies parrot the myth as law because it serves their purpose to reenforce company policy on carry. But, the reality is that there is no law preventing it. Worst case scenario? You get caught and fired for violating company policy.
Many truckers do carry, however, and simply unload the weapon and lock it up when traveling in states that do not offer reciprocity with their home state. In theory, they are still legally covered to have the unloaded weapon by the Federal Peaceable Journey Act. If you are a local (in state only) driver, then you have absolutely no legal trouble to worry about whatsoever.

Bottom line: Concealed Means Concealed. Carry at your own risk, but the worst thing you'll lose is your job.
For me personally, my life is worth more than my job.

True! When I worked for Indiana DOT, I checked this out with the U.S. Dept of Transportation and the Federal Highway Administration as I had been asked this question several times. Both told me there was no law/regulations preventing a driver from carrying a weapon. As long as they are following state laws they are good.

 

[Beau]

I thought you could carry loaded in any state so long as you stayed on the interstate.

 

[Brandon]

just do not carry on a school bus... or a bus marked school bus... that cmv will get ya in trouble if caught ;-)

 

[dbd870]

I thought you could carry loaded in any state so long as you stayed on the interstate.

Nope, you have to follow the laws of whatever state you are in. (ie permit requirements, recognize your state's license etc.)

 

[need4speed255]

I was going to ask this exact question since I had heard this myth before. Thanks for the answers.

 

[finity]

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.

I believe what it is saying….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.

No.

What that is saying is that as long as you can legally possess the gun at your origin & at your destination then you can legally carry your gun through ANY 'OTHER' STATE as long as your gun is in the above specified condition NO MATTER WHAT THE 'OTHER' STATES LAWS SAY about the gun in question.

EX.

If you are traveling from IN to MO, you can transport your gun unloaded & in an inaccessible location outside of the passenger compartment (i.e. trunk, etc.) even if it was illegal to possess that gun in the state of IL as long as it was legal for you to have the gun in both IN & MO.

 

[Sgood]

No.

What that is saying is that as long as you can legally possess the gun at your origin & at your destination then you can legally carry your gun through ANY 'OTHER' STATE as long as your gun is in the above specified condition NO MATTER WHAT THE 'OTHER' STATES LAWS SAY about the gun in question.

EX.

If you are traveling from IN to MO, you can transport your gun unloaded & in an inaccessible location outside of the passenger compartment (i.e. trunk, etc.) even if it was illegal to possess that gun in the state of IL as long as it was legal for you to have the gun in both IN & MO.

Wow....did I say something other than exactly that.......that would still be in the truck if you are talking about a semi ie...bunk area as long as it is not reachable and unloaded.......and the last sentemce states unless it violates the law of witch he is passing.....such as unloading and packing if the state does not recognize his ltc.....

Didn't realize I needed to spell it out the long way!!!

 

[Timjoebillybob]

Wow....did I say something other than exactly that.......that would still be in the truck if you are talking about a semi ie...bunk area as long as it is not reachable and unloaded.......and the last sentemce states unless it violates the law of witch he is passing.....such as unloading and packing if the state does not recognize his ltc.....

Didn't realize I needed to spell it out the long way!!!

Except when a driver has a delivery or pickup in a state which doesn't recognize the drivers LTCH. For instance if the driver had a pickup/delivery in NY, he would he would not be protected under the interstate transport law. Because that is his destination and he is not just passing through. And that possibly includes even stopping for a rest period.