2A Rights Being Withheld/Violated - Page 2
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Thread: 2A Rights Being Withheld/Violated

  1. #11
    Quote Originally Posted by JPKirkpatrick
    Got a question/problem that I'd like to see what everyone's opinion is on it...

    My Brother-In-Law works as an Over-The-Road (OTR) Truck Driver. He has to drive into and through some of the worst cesspools in American Society and down to the Texas/Mexico border all the time.

    He has a CCW permit, but is PROHIBITED from having ANY FIREARM on his truck at any time. Why is that? I know it is the Feds ICC that have stated that he cannot legally carry any firearm, but why?

    It seems to me that a Commerce regulatory agency has said that the 2A does not extend to those who drive trucks on the highways.

    How do we go about getting it changed? I've written to my two senators and my representative, but have not heard anything be done to change this...

    Just wondering...
    Rather than repeat what has been said before when this question came up, I'll just post the link to the last time it was asked about 2 weeks ago.

    http://www.usacarry.com/forums/conce...l-vehicle.html

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  3. #12
    Quote Originally Posted by sgtyoung85 View Post
    And how would you know. I truly believe some but not all would know. You have good cops, you have bad cops. You'll have some that are very strong with laws and regulations and then you have some that my be weak. I should know I'm US Army retired and I know a few cops.
    Hey Sunshine, being a retired Army Sgt and knowing a few cops doesn't make one an authority on LEOs and their competency. There are many people on here who are also retired military but that doesn't make us authorities on anything to do with LEOs just because we know one or two of them. I have had occasion to talk with a lot of law enforcement officers and some of them know very little about the laws they are supposed to be enforcing. Others that do know the law will bend it to cover the situation they happen to be in at a given time. As usual, it is the luck of the draw when you encounter the man in blue. If you want to really get serious about different laws, Navy LT seems to be well versed in how most states should operate and in Federal law. Read some of his posts, you might become enlightened.

  4. #13
    Join Date
    Dec 2010
    Location
    Ozark Foothills of Southern Missouri
    Posts
    63
    Just got some enlightening information on this threads subject:

    ================================================== ===========
    I've seen several threads about whether or not it is legal for a commercial driver to carry a personal firearm while on duty. The consencous was that it was legal but nobody could give an actual reference.

    I just received a letter from the DOT Office of Hazardous Materials Standards that answered the question. Here is the text of the letter.

    This responds to your letter regarding the applicability of the Hazardous Material Regulations (HMR; 49 CFR Parts 171 -180) to the transportation of a loaded personal firearm lawfully carried by a commercial motor vehicle operator while in the performance of his or her duties. Specifically, you ask whether the transportation of such a firearm is prohibited by the HMR under the "forbidden explosives" clause in 173.54(f).

    The answer to your question is no. Unless otherwise specified in 173.54(f), a personal loaded or unloaded firearm carried by a commercial motor vehicle operator is not considered in commerce and therefore not subject to the HMR. Under this scenario, a commercial motor vehicle operator who carries a personal firearm while in the performance of his or her duties is subject to local or State jurisdiction regarding such matters.


    And here is a very important part of the letter.

    This response has been coordinated with the Federal Motor Carrier Safety Administration.
    ================================================== ==============

    So while there is not Federal Prohibition to the carrying of a concealed firearm, the states regulate it... Meaning that it Must be legal in your destination state for you to have a firearm in your CMV, ie., NY, MA, CA you'll be violating their laws and can be criminally prosecuted...

    Thanks everyone for your input, that's what is great about this website!
    JPKirkpatrick
    USAF-Ret; NRA Life; CRPA Life; USA Carry Mbr;
    Oath Keepers Chrtr Mbr; USCCA Mbr; HGCA Mbr; Ret Former LEO

  5. #14
    Quote Originally Posted by bob16066 View Post
    What "Constitution?"

    Others will argue but it is very clear to me that the "Constitution" does not exist unless the "Government" permits it too
    Very Sad, but true.

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