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  • 1 Post By eljefe241

Thread: Question in regards to CMV and Firearms. DOT more specifically.

  1. #1
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    Exclamation Question in regards to CMV and Firearms. DOT more specifically.

    I dont know if any of you can answer this or not, but its worth a shot, never know till you ask.

    First, I have to tell you I am a truck driver, currently looking for a driving job, I drove for 2 years with CRST.

    I am in a heated debate on whether firearms are allowed in commercial motor vehicles (18 wheelers) if you have a interstate carry permit. Most companies wont allow you to carry a firearm in the truck, by company policy. So we had other means of defense, if we needed it. We are allowed to have a knife, with a blade shorter then 3" I think it is, I'm not sure on that, never carried much more then a pocket knife, so I didnt worry to much. But the discussion I am having is whether or not FIREARMS are allowed in CMV's by Federal DOT, with an interstate carry permit. I KNOW you can NOT take a firearm across state lines without the interstate carry permit.

    I have searched high and low and back and forth EVERYWHERE for anything regarding this issue, and I cant find anything.

  2. #2
    Verified LEO rangersgt's Avatar
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    I have never heard of an "interstate carry permit". As far as I know concealed carry laws for civilians are governed by state laws and you have the ability to travel to states who recognize your home state's concealed carry permit.

    There are a number of web sites that have lists of Reciprocity Statesthat will recognize your Florida permit, but that does not address your question about Federal DOT laws, which I am not familiar with.
    " If you would know a man, observe how he treats a cat." - Robert A. Heinlein

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    Verified LEO delzo70's Avatar
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    Federal Motor Carrier Safety Regulations do not address the carrying of a firearm by a driver. You are bound by company policy, the policies of the places you load/unload and each and every state you pass through.

    I think you are confused about a law that allows nationwide carrying of concealed weapons. There is no such thing as an interstate carry permit. The federal government would have to draft something like that and up to this point it has only happened under a ruling called LEOSA, which means you are an active or retired law enforcement officer (carrying under certain restrictions).
    Last edited by delzo70; 03-04-2013 at 04:19 PM.
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    Thanks guys, I dont know about this whole interstate carry permit thing. Its just what I was told I needed a few years ago if I planned on going out of Florida with my gun(s). I never looked into it very much to see what it was about, since I had no intention of taking them with me.

    Thanks for the input!

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    Verified LEO eljefe241's Avatar
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    I'll simply add to what has been stated, as I believe that information is correct:

    First, nothing here constitutes legal advice.

    I do have the text of a letter from DOT in response to a query if loaded personal firearms come uner the Hazardous Materials Regulations [HMR 49 CFR Parts 171-180]. The DOT says "No" ...

    But,as noted above, the various jusridictions can regulate firearms carry, as can the place where you pick up/deliver, and - specifically - your employer. You can have a valid CWP and your boss can fire you for carrying in their vehicle, the client/vendor can prohibit the weapon being on their work site, and schools, courts and federal buildings can not only deny access but possibly arrest you.

    One piece of common misinformation found on the Internet is about travelling with a firearm in a vehicle without a CWP that (a) allows reciprocacy and (b) within a state that recognizes out-of-state permits.

    I read where folks say "If the gun isn't on your person, it's okay; just put it somewhere lie the glovebox" which may be true in SOME but not all states. In CA having the firearm and ammo in a place readily accessible [eg, glove box, consloe, under the seat, etc. and not in a locked container] could result in an arrest. For each place you travel, YOU need to do the research and verify the legality; no one here can assess the specifics.

    The second common 'advice' I read is folks suggesting to carry anyway and take your chances because you probanly won't get caught. These same morons won't post your bail nor testify in court or serve your jail time.

    I love it when people say "law-abiding people should be able to carry a gun", then advocate to break a law they don't like. By deinition, you're no longer "law-abiding" but a criminal. In our society you either obey the law or suffer the consequences. If the law's bad, work to change it. We are, as James Monroe wrote, "a nation of laws, not men."

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    Quote Originally Posted by eljefe241 View Post
    I'll simply add to what has been stated, as I believe that information is correct:

    First, nothing here constitutes legal advice.

    I do have the text of a letter from DOT in response to a query if loaded personal firearms come uner the Hazardous Materials Regulations [HMR 49 CFR Parts 171-180]. The DOT says "No" ...

    But,as noted above, the various jusridictions can regulate firearms carry, as can the place where you pick up/deliver, and - specifically - your employer. You can have a valid CWP and your boss can fire you for carrying in their vehicle, the client/vendor can prohibit the weapon being on their work site, and schools, courts and federal buildings can not only deny access but possibly arrest you.

    One piece of common misinformation found on the Internet is about travelling with a firearm in a vehicle without a CWP that (a) allows reciprocacy and (b) within a state that recognizes out-of-state permits.

    I read where folks say "If the gun isn't on your person, it's okay; just put it somewhere lie the glovebox" which may be true in SOME but not all states. In CA having the firearm and ammo in a place readily accessible [eg, glove box, consloe, under the seat, etc. and not in a locked container] could result in an arrest. For each place you travel, YOU need to do the research and verify the legality; no one here can assess the specifics.

    The second common 'advice' I read is folks suggesting to carry anyway and take your chances because you probanly won't get caught. These same morons won't post your bail nor testify in court or serve your jail time.

    I love it when people say "law-abiding people should be able to carry a gun", then advocate to break a law they don't like. By deinition, you're no longer "law-abiding" but a criminal. In our society you either obey the law or suffer the consequences. If the law's bad, work to change it. We are, as James Monroe wrote, "a nation of laws, not men."
    Thanks for taking the time to respond. Yeah most places you go to load/unload dont allow weapons, so I guess thats the reason most companies policy wont allow it. Some people have the common sense of a gnat about location and whats not only smart but legal. And I completely agree with the statement about ""law-abiding people should be able to carry a gun", then advocate to break a law they don't like. By deinition, you're no longer "law-abiding" but a criminal. In our society you either obey the law or suffer the consequences." Some people just dont get it.

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    Verified LEO eljefe241's Avatar
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    Quote Originally Posted by CowboyJustin View Post
    Yeah most places you go to load/unload dont allow weapons, so I guess thats the reason most companies policy wont allow it. Some people have the common sense of a gnat about location and whats not only smart but legal. .
    The brief version of why employers generally don't allow firearms is one word: Liability

    If an employer allows - or encourages - the workers to be armed, they assume huge responsibility for the actions of the employee. Even if the employee had a CWP, the employer cannot 'authorize' carrying in places that don't allow guns.
    CowboyJustin likes this.

 

 


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