Firearms in a Truck????

Having had many years of hearing everything imaginable told about this subject, i thought i would share the following information with the forum.

First a "disclaimer".....
Do your own "due diligence" in researching laws which apply to YOU before making any decisions.

Sometimes the same driver who tells you "the law" does not comprehend that the United States Marshals Service does NOT give two hoots about your silly trucker problem, and their job is specifically to..... "apprehend federal fugitives, protect the federal judiciary, operate the Witness Security Program, transport federal prisoners and seize property acquired by criminals through illegal activities."

http://www.usmarshals.gov/index.html


Anyway,
ON TO THE GUN INFO ........

There is NO federal law prohibiting possession of a firearm in a commercial vehicle. Period! That is a myth that has been around for years. Although some companies and driving schools make reference to the federal law in their handbooks, it does not exist. If you run across someone who insists it does exist, ask them to show it to you. There are most definitely company policies against possessing firearms in their trucks, and that is an issue between the driver and company. In addition, gun laws will change from state to state in your travels. It is a good idea to check the gun laws in the various states you intend to pass through before going.
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There is no law forbiding it. You fall under the same laws as any citizen would. Here's a good website that will show what states honor your CCW permit. Just click on the Permit Maps tab.

http://www.usacarry.com/index.php



There is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so.
(and the policies set forth by the "companies" are NOT "LAWS", just rules.)

The actual Federal Law is 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 ....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...


Companies often blatantly lie about the Federal regs to drivers to discourage them from carrying guns in their trucks. The companies I have worked for all said it was illegal.
Technically, since they operate in states where we probably don't have or can't get the permit they were partially correct.
But the FEDERAL LAW prohibiting carry of a firearm DOES NOT EXIST.
It's easier than explaining the complicated truth.

Not convinced yet ???

Here is a conversation by LAW ENFORCEMENT OFFICERS on this very subject.......
http://www.realpolice.net/forums/archive/t-62726.html

The qoute you want is this....
"I know a bit about MCS laws. I was the first of 2 certified MCS officers in the state back in 1982. I've inspected a lot of trucks since then, I taught MCS law at the academy, and was recognized by the court as an expert in MCS law.
There is nothing in the FMCS laws prohibiting carrying a firearm by the driver.
However, there may be individual state laws. A driver will need to check with whatever states they plan on driving thru.
Where the story gets screwed up by those who haven't been adequately trained, or who haven't had any training at all, is they read the hazmat section and think that it applies. There is a prohibition of carrying hazmat in the cab of the truck. That does not mean the ammo that a driver carries for his firearm. That ammo is not part of the cargo and it does not meet the hazmat definition."


If you DO decide to carry a firearm in your truck, you need to be aware that your company CAN fire you if it breaks their "rules".

You also will need a Concealed Weapons Permit to be legal in most areas.

And in the areas where required, you will want to invest in a locking gun box to store your weapon in.
As long as it is UNLOADED and LOCKED UP, you should have no problems in a US State. (Kanadia may be a problem)

Also, certain military and high security zones may cause a problem.
Be aware and be prepared if you have to go into them.


Hope this information helps you out.

 

I was searched in Virginia once at a HP/DOT checpoint.
Let them look without any reservation.
When the officer came out of my truck, he told me I would need to "stow" the "now UNLOADED" pistol he had found between mattress and rear wall of sleeper before I got back onto highway.
I imagine that is how 99% of these incidents go.

Another time....
I left FIVE handguns and 3 cameras at the front gate of the Depot property at TOOLE, Utah.
Wife and I were out together and I didn't want to leave in uninhabited house for 3 months.
They took my lock box and I picked it up on the way out.
NO QUESTIONS OR COMMENTS.
They even had a "form" for it.
(some know what this place is/does, some may not, but trust me when I say it is VERY SECURE)
But that was in 1998, before the "Homeland in-Security" measures.

If I ever NEED my gun, I promise you I won't regret having it.
I come home.
That is #1 priority above ALL else.




To ALL:

Sorry if the information isn't appreciated.

I was just trying to be helpful and share knowlege.