Carrying in a commercial vehicle question - Page 4
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Thread: Carrying in a commercial vehicle question

  1. #31
    Quote Originally Posted by snowman View Post
    I drove trucks 30 years and it's a Federal guideline no guns in trucks, Every truck driver knows this is a very firm law, carry permit does not matter no guns!!!
    Now I'm not saying it's never done , matter of fact lots probably have one but if you get caught it's gonna be your butt. I'm talking interstate driving not intrastate if you cross state lines it's interstate regulations which means no guns

    take above post with a big grain of salt they must never have driven I logged 3 million miles
    This link is from dot's web site

    PHMSA - Interpretations by Date - Interpretation #06-0165

  2.   
  3. #32
    Join Date
    Sep 2007
    Location
    Parsons, TN
    Posts
    272
    It has been and still is to some degree it appears a common misconception that carry in a commercial vehicle is illegal. There is simply no Federal Law or Federal Regulation that prevents carry in a commercial vehicle. As with most negatives, I can't post a link that says it's lawful, but I challenge anyone to post a link to a law or regulation that says it's unlawful.

    You can check Question 14 here if you like http://www.handgunlaw.us/documents/FAQ.pdf
    “Because when seconds count, the police are only minutes away”

    Posting in …….
    OpenCarry.org
    USA Carry
    Glock Talk
    Tennessee Gun Owners
    also check
    Handgunlaw.us
    Tennessee Laws at: Michie’s Legal Resources

  4. Quote Originally Posted by Fallguy View Post
    but I challenge anyone to post a link to a law or regulation that says it's unlawful.
    UHOH.... better be careful.... snowman, for one, doesn't like challenges!

    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  5. #34
    Okay, I'm going to just jump in here and get my feet wet. I have been under the assumption (because I think I read it somewhere) that a law in the US Code says that if you transport a legally owned firearm in a vehicle across a state line, that it has to be unloaded and in a separate compartment from the driver or any passengers, and separate from the bullets, also. Now I can't find the US Code... 18 something??? I was taught something about this stupid regulation when I took my CHL classes. Anyone know about it?

    Edit: I found it. Does this apply?
    -CITE-
    18 USC Sec. 926A 01/03/2012 (112-90)

    -EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 44 - FIREARMS

    -HEAD-
    Sec. 926A. Interstate transportation of firearms

    -STATUTE-
    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.
    Stop, Drop, and Roll won't work in Hell.
    The truth about the former Republic of the United States of America:
    http://www.youtube.com/watch?v=o6Ioz...ayer_embedded#

  6. Quote Originally Posted by UATKP View Post
    Okay, I'm going to just jump in here and get my feet wet. I have been under the assumption (because I think I read it somewhere) that a law in the US Code says that if you transport a legally owned firearm in a vehicle across a state line, that it has to be unloaded and in a separate compartment from the driver or any passengers, and separate from the bullets, also. Now I can't find the US Code... 18 something??? I was taught something about this stupid regulation when I took my CHL classes. Anyone know about it?
    18 USC 926A, Firearms Owners Protection Act (FOPA):
    18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

    When you are traveling interstate carrying a firearm, you basically have two choices. You can either abide by the state law of each state as you enter that state. Most of the time, especially if your permit/license to carry is recognized by that state, abiding by state law is not a problem, you just leave the gun in the holster on your body and don't have to fiddle with anything. The other choice, if the state law you are passing through does not allow you to carry and/or possess your firearm, is to comply with FOPA. FOPA does not contain any requirements to cross state lines with firearms. FOPA provides you with an option, that if you choose to abide by, is supposed to protect you from state laws when you pass through that state. Let's say you have a standard AR-15 which would be illegal to possess in California without modification. If you are traveling from Nevada to Oregon, and you pass through California, you can have that AR-15 illegal to possess in California, in a compartment or locked case separated from the occupants of the vehicle. California can still prosecute you for possessing the AR-15 illegal in California, but if you complied with FOPA, you can appeal the conviction to a Federal court which will overturn the state's conviction.

    Again, though... FOPA contains no requirements for crossing state lines. It provides an OPTIONAL method of transporting your firearms, that if you choose to comply with is supposed to protect you from restrictive state laws when you pass through a restrictive state. Also, to comply with FOPA, the firearm does not need to be separated from the ammunition. Both the firearm and the ammunition must be separated from the occupants of the vehicle, but both the firearm and ammunition can be in the same exterior compartment or locked case together.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  7. #36
    Join Date
    Sep 2007
    Location
    Parsons, TN
    Posts
    272
    It as NavyLCDR says, If you can legally carry by state law in the state you are travelling through, then you can have it loaded. If you can not legally carry in that state, you can still transport the firearm, per 18 USC § 926A as long as you transport in the manner it mentions.
    “Because when seconds count, the police are only minutes away”

    Posting in …….
    OpenCarry.org
    USA Carry
    Glock Talk
    Tennessee Gun Owners
    also check
    Handgunlaw.us
    Tennessee Laws at: Michie’s Legal Resources

  8. Quote Originally Posted by Fallguy View Post
    It as NavyLCDR says, If you can legally carry by state law in the state you are travelling through, then you can have it loaded. If you can not legally carry in that state, you can still transport the firearm, per 18 USC § 926A as long as you transport in the manner it mentions.
    And that applies equally to private transportation and commercial vehicles!
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  9. #38
    That makes better sense to me. Thanks, Navy. It's a shame that we have all these illegal regulations that we are required to adhere to. If they can't screw you one way, they'll screw you in another. Hopefully, Texas will soon nullify and make void all federal firearms regulations.
    Stop, Drop, and Roll won't work in Hell.
    The truth about the former Republic of the United States of America:
    http://www.youtube.com/watch?v=o6Ioz...ayer_embedded#

  10. Quote Originally Posted by UATKP View Post
    Hopefully, Texas will soon nullify and make void all federal firearms regulations.
    I would rather see Texas do away with their own requirement to pay the government for permission in order to carry a firearm in public for self defense.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  11. #40
    Quote Originally Posted by snowman View Post
    I drove trucks 30 years and it's a Federal guideline no guns in trucks, Every truck driver knows this is a very firm law, carry permit does not matter no guns!!!
    Now I'm not saying it's never done , matter of fact lots probably have one but if you get caught it's gonna be your butt. I'm talking interstate driving not intrastate if you cross state lines it's interstate regulations which means no guns

    take above post with a big grain of salt they must never have driven I logged 3 million miles
    If you insist on your position, you have been misinformed for 30 years, the only thing I could come up with is if you were a hired driver and your company did not allow guns, but if not or you were a owner/operator your good to go
    Bad Guys of the world beware the next time you think about jumping on a old guy, because its a fair bet he's to old to fight and probably to fat to run, but can put one in your eye at 50ft with his weak hand

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