Commerical Vehicle Carry

[partyguy816]

I've been told that I'll be leaving out to Laredo Tx on Wednesday morning. I work for a company that does not allow carry on their property, so I would assume its the same for their vehicles. What is the law on carrying in a DOT Semi?

[Keith B]

As far as I know there are no rules from federal or state DOT that says you can't carry in a commercial vehicle. You will still be bound by laws in each state and by your company rules.

[tbrown]

If your company posts a 30.06 sign in the truck (or gives you another 30.06 compliant notice) it's illegal to carry.

[partyguy816]

There is no 30.06 signs, but it is stated that no firearms are allowed on grounds or vehicles. I honestly could careless about what they say. I'm more concerned about travel in our semi from work to the Laredo Oil Rig. I am aware about laws on rig sites, I'm just mainly concerned about weigh stations and border inspection points.

[Jumping Frog]

I'll leave aside the whole 30.06 issue, as you need to figure that part out for yourself.

As far as commercial vehicles are concerned, it has been mentioned that there are no federal DOT regulations prohibited being armed in a CMV and you must follow state law (or transport in compliance with FOPA Safe Passage rules in intervening states).

Weigh stations and border inspection points are a complete non-issue.

Keeping in mind an over-the road driver who stays out for 4 to 6 weeks at a time hauling general freight usually does not know where their destinations will be a week or more into the future, here are the biggest pitfalls I warn that kind of driver about:

• A driver could be on a load and find the consignee is properly 30.06 posted. Now, he cannot deliver the freight and remain legal.
• A driver could find themselves assigned to a load with freight going to Chicago, California, New York, Maryland, etc. Now the driver is out on the road without options and facing felony risk.
• A driver can find themselves delivering to a federal facility. Same problem. (I had one driver arrested at the Red River Army Depot near Texarkana after a truck search found a pistol.
• Remember that FOPA Safe Passage is only an option when you are legally allowed to carry to possess the firearm in the state you start in and in the state you finish. If your trip concludes in one of the "problem" states, you are not protected under FOPA Safe Passage.

If you are a short haul driver going on a regular delivery route where you travel the same stops every week, it is a lot easier to manage the risks faced by long haul drivers.

[partyguy816]

I work for the oilfield so I always know where I'm headed. I'm not too concerned about 99% of my location travels, but it's just something about Laredo that I really feel uncomfortable about going to.

[MoJo]

it's just something about Laredo that I really feel uncomfortable about going to.

Could it be the Rio Grande?

[Jumping Frog]

I work for the oilfield so I always know where I'm headed. .

Then Carry On! Good luck

[whodat1]

I have a company leased vehicle that shows up on a Texas registration with my name as the person the vehicle is in care of. My company has a policy that firearms are prohibited on company property. No where in the corporate rules and guidelines are firearm and vehicles mentioned together ( < 1% of employees have vehicles). I go with the philosophy that the vehicle is not owned but leased by the company and is placed in my care so CC in the vehicle is not prohibited. On the other hand, I am also going with the philosophy of 'Don't ask, don't tell".

To the OP; does your company rules specifically state that firearms can't be carried in the vehicle?

[bat1]

I'll leave aside the whole 30.06 issue, as you need to figure that part out for yourself.

As far as commercial vehicles are concerned, it has been mentioned that there are no federal DOT regulations prohibited being armed in a CMV and you must follow state law (or transport in compliance with FOPA Safe Passage rules in intervening states).

Weigh stations and border inspection points are a complete non-issue.

Keeping in mind an over-the road driver who stays out for 4 to 6 weeks at a time hauling general freight usually does not know where their destinations will be a week or more into the future, here are the biggest pitfalls I warn that kind of driver about:

• A driver could be on a load and find the consignee is properly 30.06 posted. Now, he cannot deliver the freight and remain legal.
• A driver could find themselves assigned to a load with freight going to Chicago, California, New York, Maryland, etc. Now the driver is out on the road without options and facing felony risk.
• A driver can find themselves delivering to a federal facility. Same problem. (I had one driver arrested at the Red River Army Depot near Texarkana after a truck search found a pistol.
• Remember that FOPA Safe Passage is only an option when you are legally allowed to carry to possess the firearm in the state you start in and in the state you finish. If your trip concludes in one of the "problem" states, you are not protected under FOPA Safe Passage.

If you are a short haul driver going on a regular delivery route where you travel the same stops every week, it is a lot easier to manage the risks faced by long haul drivers.

Very Good answer

[partyguy816]

To the OP; does your company rules specifically state that firearms can't be carried in the vehicle?

I am not 100% sure, but I think it may be written. I choose to leave them at home. Wasn't a good place to be. The lease we were on had armed security. I hope to not be going back anytime soon.

[TexasAggie09]

I have the same connundrum...working in the oilfield, wanting to carry when I go on site but my company says (not necessarily in 30.06 terms) no weapons of any kind on property or in vehicles. The biggest issue is the DESTINATION property. The new employer parking lot bill says these two things that raise flags:

SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE
TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
may not prohibit an employee who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who otherwise lawfully possesses a firearm, or who lawfully
possesses ammunition from transporting or storing a firearm or
ammunition the employee is authorized by law to possess in a locked,
privately owned motor vehicle in a parking lot, parking garage, or
other parking area the employer provides for employees.
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who otherwise lawfully possesses a firearm, or who lawfully
possesses ammunition to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is
prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D) a private school, as defined by Section
22.081, Education Code; or
(E) property owned or controlled by a person,
other than the employer, that is subject to a valid, unexpired oil,
gas, or other mineral lease that contains a provision prohibiting
the possession of firearms on the property.

Most oilfield sites strictly prohibit any weapons and they don't have to be 30.06 per this bill it seems

[apostate]

IANAL but here's an example to demonstrate how I read the oil/natgas/mineral lease clause:

Dan Yanki owns some property. He leases the property to your employer for natgas production. Dan is scared of guns, so he puts a condition in the lease prohibiting firearms. Your employer may then prohibit you from carrying on Dan's property, so you (as their agent) don't breach the contract.

If you do bring a firearm on the lease, your employer may fire you. Depending on the type of firearm and the notice given, it may or may not be illegal. I'm not sure about your potential civil liability for the breach of contract.

[TexasAggie09]

IANAL but here's an example to demonstrate how I read the oil/natgas/mineral lease clause:

Dan Yanki owns some property. He leases the property to your employer for natgas production. Dan is scared of guns, so he puts a condition in the lease prohibiting firearms. Your employer may then prohibit you from carrying on Dan's property, so you (as their agent) don't breach the contract.

If you do bring a firearm on the lease, your employer may fire you. Depending on the type of firearm and the notice given, it may or may not be illegal. I'm not sure about your potential civil liability for the breach of contract.

I read something along those lines. Better yet, I see that as SB321 NOT extending to leased oil property. Whatever the previous law is/was before SB321 is still in effect. Either way, if caught, at best you get fired, at worst you serve time. Both are risks I can't take! I hate that I have to be unarmed at any time...

[apostate]

Better yet, I see that as SB321 NOT extending to leased oil property. Whatever the previous law is/was before SB321 is still in effect.

Only if the lease has terms prohibiting firearms. Many probably do but for a hypothetical:

Ted Nugent owns some property that he leases to your employer for natgas production. Ted loves guns, so his lease doesn't have a provision prohibiting firearms. Your employer may not prohibit you from carrying in your vehicle at that lease.