commercial vehical carry

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  • red_zr24x4

    UA#190
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    4   0   0
    Mar 14, 2009
    29,135
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    Walkerton
    I looked through the FAQ and did not got a hit on my search.
    Can a person carry a firearm in a privatly owned semi ? A friend of mine drives to Louisville everyday in his dads truck hauling a load down and back, he has his LTCH. He wants to carry his Glock with him.
    Thanks Kenny
     

    mrjarrell

    Shooter
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    0   0   0
    Jun 18, 2009
    19,986
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    Hamilton County
    I have never heard of a law that forbids it. Kentucky recognises the Indiana LTCH, so he should be good to go on that front. I don't know of any specific regs relating to commercial carriers, but that doesn't mean there aren't any.
     

    Truckerman79

    Sharpshooter
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    2   0   0
    Nov 19, 2008
    684
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    McCordsville, IN
    FMCSA regs do not prohibit gun possession in commercial vehicles. Everyone however, is subject to the laws of each state and most carriers prohibit firearm possession as company policy. If your buddy goes into KY and they recognize our LTCH, he should be good.
     

    Noland

    Sharpshooter
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    0   0   0
    Nov 28, 2009
    570
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    N IN
    I have heard and read about the fictitious commercial vehicle gun prohibition rule sooo many times.
    This has to be one of the biggest myths in the trucking world.
     

    j706

    Master
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    60   0   1
    Dec 4, 2008
    4,160
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    Lizton
    itle 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.
     
    Rating - 0%
    0   0   0
    Jul 28, 2009
    55
    6
    Noblesville, IN
    This has to be one of the biggest myths in the trucking industry. The mysterious law/FMCSA rule saying it's a no no....which no one can EVER find ANYWHERE when you ask them to produce proof. Just follow each states laws regarding firearms and you should be fine.
     

    Greg.B

    Sharpshooter
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    0   0   0
    Jul 1, 2008
    667
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    Evansville
    There was a previous discussion on this subject before, and you can read the whole thread:
    https://www.indianagunowners.com/fo...elf_defense/19328-truck_drivers_and_guns.html

    My post on page 2 of that thread, while older, contains information I obtained from the Kentucky scale house at that time:
    You've opened up a can of worms :p This is a much discussed topic by drivers and those involved in the trucking industry, particularly those involved in the DOT compliance side of the business.

    Ok, first, my disclaimer: I am not a lawyer, and am not qualified to give legal advice. You absolutley should check with an attorney on this subject. The following is only my interpretation of what I've been told over the past 8 years, and is striclty my personal opinion formed from unofficial conversations on the subject.

    Now, for a little background, from 2000 to 2002, I was an OTR truck driver, and was a fleet manager for a 43 truck fleet for 6 years from 2002 to 2008 in Indiana. I was asked this question so many time I lost count...so being the fleet manager of a trucking company, with an OUT OF STATE (Kentucky) weigh station just 6 miles south of our terminal, I did what any self respecting, gun loving, truck driving, fleet manager would do. I went down there and asked them. We had a pretty good relationship with them, and spoke with them on numerous occasion to learn their intepretation of laws, so this wasn't anything out of the ordinary.

    What they told me is that the peacable journey law is a federal law that applies to everyone, regardless of vehicle type. It is NOT specific to CMV's. They advised that if I were to search the FMCSA regulations (these are the laws that govern CDL holders and commercial vehicles) you will find that NOWHERE is there a reference to firearms. In fact, the only references to concealed weapons relate to drug testing provisions and collection sites.

    The scalemaster summed it up to me like this: There is no FMCSA law that prevents a CDL driver of a CMV from legally carrying a firearm in accordance with the regulations of his home state where his permit is issued, providing that he is in his home state OR another state that honors his home state permit. He said that the only restrictions or problems would be from state to state and some metropolitan areas depending on how those states/municipalities interpreted and/or honored his home state permit. He also added, that he and other officers he knew had no problems with a driver legally carrying a firearm under the above conditions. However, he did add that the general demeanor and conduct of the driver would determine how the situation was handled; i.e. if the driver was 100% legal on hours, paperwork, equipment, etc. then they wouldn't even pursue investigating his CCW as long as he had a valid resident or non resident permit. However, if he was behind on logs, had unsafe equipment, a bad overall attitude, etc. then he 'implied' that they would follow every paper trail they could, even pertaining to his CCW status in order to find and issue every violation possible.

    Now, lastly, I CAN tell you that very few companies will allow their drivers, either O/O's or company, to carry firearms either in the truck or on the property. This sometimes is simply a company policy, but in many cases it's a requirement of their insurance carrier. In the trucking industry, the insurance carriers have more control over the drivers and equipment than the actual trucking company does! Add that to the fact that truck drivers are often over worked, under rested, and under paid, and you have a very emotional situation where they don't want firearms to be a part of the equation.
     

    sharpetop

    Expert
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    1   0   0
    Apr 12, 2008
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    FMCSA regs do not prohibit gun possession in commercial vehicles. Everyone however, is subject to the laws of each state and most carriers prohibit firearm possession as company policy. If your buddy goes into KY and they recognize our LTCH, he should be good.

    What Truckerman79 said! I've been around this industry many years and have read the FMCSA regs front to back and never found any such rules. Yes, most companies prohibit firearm possession because the lawyers, executives and insurance companies don't want the liability.

    My personal feelings are the lawyers, executives and insurance companies are not with me when the scum bags, whores, and all the other truckstop riff raff come knocking on my door at 3:00am. Not to mention the fine folks wandering the streets of East St. Louis, Detroit, Chicago, etc. while you are delivering at 3:00am.

    I'm not advocating anything illegal, but you do what you have to do to feel safe. Yes, you try to abide by each states laws and you should be fine.
     
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