CHL in a CMV?

[paul1982]

Hello,
I am an over the road truck driver and recently came across a question while talking to another driver. He said that Federal law prohibits firearms in commercial vehicles. (he is from New York so his facts might be confused with some New York state law) I was just wondering how true this was? Are there state prohibitions, a federal statute, local laws? My company prohibits firearms in their trucks but I believe that is more company policy than anything else.

[GigEm1225]

I can't give you a definitive answer, but my dad is also a truck driver and he keeps a 12 gauge shotgun in the truck with him. He has asked several troopers in several different states about it, and every one of them has told him that while he's in that truck, it's his home and as long as he can legally possess a gun/the gun is legal in that state, then he is safe. None have ever asked to see the shotgun or asked where he keeps it. I have successfully convinced him to stop advertising to LE and only mention it if asked.

[RottenApple]

Hello,
I am an over the road truck driver and recently came across a question while talking to another driver. He said that Federal law prohibits firearms in commercial vehicles. (he is from New York so his facts might be confused with some New York state law) I was just wondering how true this was? Are there state prohibitions, a federal statute, local laws? My company prohibits firearms in their trucks but I believe that is more company policy than anything else.

There is no federal law, rule, or regulation preventing a driver from having a firearm in a commercial vehicle. Some states, however, do. Texas is not one of them.

The real issue for OTR drivers is when they go from state to state. If all you run is Texas, or perhaps TX, OK, & KS, then you're fine. But if you're on a run to CA or, even worse, NY, you'd better not.

[paul1982]

That is sort of what I figured. I knew it was rediculious for it to be illegal nation-wide. Truck drivers are prime victims. Many warehouses are in or near "bad" parts of town, many truck stops have illegal activity going on, especially at night, and sometimes we are carrying MILLIONS in freight that some thug would just love to get his hands on. I THINK it is illegal in New York State, and have also heard for certain that it is illegal in Illinois, Colorado and California, but my source was another truck driver, and we are all well known liars and exageraters, so until i find out for sure I will take it with a grain of salt. But it given those states love of disarming their citizens, I find it mostly credible.

[bdickens]

There's 50 different answers to that question.

[rjr5545]

Also, who you work for comes into play. If you are running under your own authority you have the right to decide, if you work for, or are leased to a company you fall under their policies. This is a company vehicle even if under a lease by the FMCSR, rules and most trucking companies have it in the rules and regulations you cannot carry, be sure to check that.

[RottenApple]

Also, who you work for comes into play. If you are running under your own authority you have the right to decide, if you work for, or are leased to a company you fall under their policies. This is a company vehicle even if under a lease by the FMCSR, rules and most trucking companies have it in the rules and regulations you cannot carry, be sure to check that.

True, but whether that is legal notice or not depends on the state. Texas, for example, requires written notice to be the exact verbiage in TPC 30.06. So if the employee handbook or lease agreement just says "no guns", then, assuming you have a CHL, you can still legally carry (though you may get fired)......in Texas.

The real fun comes in with regional and OTR drivers. Does "no guns" have the force of law in the state you are traveling in? If so, then you are now committing a crime.

And if you do just drive within the state of Texas, what do you do if you are picking up or delivering to a secure facility where you can't legally carry? Federal property, jail facilities, oil refineries, etc, etc.

While there may not be a federal law against it, the various possible issues that could come up make it extremely unwise. Best bet is to carry a tire thumper and keep your radio on. Better yet, have a dog on the truck.

[JP171]

Also, who you work for comes into play. If you are running under your own authority you have the right to decide, if you work for, or are leased to a company you fall under their policies. This is a company vehicle even if under a lease by the FMCSR, rules and most trucking companies have it in the rules and regulations you cannot carry, be sure to check that.

True, but whether that is legal notice or not depends on the state. Texas, for example, requires written notice to be the exact verbiage in TPC 30.06. So if the employee handbook or lease agreement just says "no guns", then, assuming you have a CHL, you can still legally carry (though you may get fired)......in Texas.

The real fun comes in with regional and OTR drivers. Does "no guns" have the force of law in the state you are traveling in? If so, then you are now committing a crime.

And if you do just drive within the state of Texas, what do you do if you are picking up or delivering to a secure facility where you can't legally carry? Federal property, jail facilities, oil refineries, etc, etc.

While there may not be a federal law against it, the various possible issues that could come up make it extremely unwise. Best bet is to carry a tire thumper and keep your radio on. Better yet, have a dog on the truck.

this is incorrect, the 30:06 TPC is only for criminal trespass by a CHL holder it does NOT have to be in that wording in the contract nor handbook, your contract may be terminated same as employment for what ever reason they want, just cannot have you criminally charged. jeez you guys gotta stop thinkin this. Even if they lease your vehicle under contract that does at no time make the vehicle theirs and they cannot at any time have you charged with criminal trespass in your own vehicle EVER!

[RottenApple]

Also, who you work for comes into play. If you are running under your own authority you have the right to decide, if you work for, or are leased to a company you fall under their policies. This is a company vehicle even if under a lease by the FMCSR, rules and most trucking companies have it in the rules and regulations you cannot carry, be sure to check that.

True, but whether that is legal notice or not depends on the state. Texas, for example, requires written notice to be the exact verbiage in TPC 30.06. So if the employee handbook or lease agreement just says "no guns", then, assuming you have a CHL, you can still legally carry (though you may get fired)......in Texas.

The real fun comes in with regional and OTR drivers. Does "no guns" have the force of law in the state you are traveling in? If so, then you are now committing a crime.

And if you do just drive within the state of Texas, what do you do if you are picking up or delivering to a secure facility where you can't legally carry? Federal property, jail facilities, oil refineries, etc, etc.

While there may not be a federal law against it, the various possible issues that could come up make it extremely unwise. Best bet is to carry a tire thumper and keep your radio on. Better yet, have a dog on the truck.

this is incorrect, the 30:06 TPC is only for criminal trespass by a CHL holder it does NOT have to be in that wording in the contract nor handbook, your contract may be terminated same as employment for what ever reason they want, just cannot have you criminally charged. jeez you guys gotta stop thinkin this. Even if they lease your vehicle under contract that does at no time make the vehicle theirs and they cannot at any time have you charged with criminal trespass in your own vehicle EVER!

Actually, I was 100% correct. Please re-read what I wrote. I highlighted the relevant portion in blue for you.

[Keith B]

DOT officers in most states are very aware that OTR drivers will more than likely have a firearm in their truck. I had several OTR drivers in my family and they all carried pistols even before there was legal CHL and vehicle carry in the states. Your best bet from a legal standpoint is to just follow the CHL laws for each state and you will be fine. From a company standpoint you need to look at your company policy and make the decision on if you can legally carry or not, or if the policy doesn't make it illegal (not 30.06 compliant in Texas) and just subjects you to termination if you violate policy. If not illegal, then you just have to make the call on carry or not in violation of the policy.