Carrying in a commercial vehicle question
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Thread: Carrying in a commercial vehicle question

  1. #1
    Join Date
    Jan 2010
    Location
    Hampshire, Tennessee
    Posts
    7

    Carrying in a commercial vehicle question

    I have a friend who got in trouble this week for having his handgun in his semi tractor. Can anyone point me at the correct TCA code that covers this? He owns the truck.

  2.   
  3. #2
    Join Date
    Apr 2010
    Location
    Michigan
    Posts
    1
    That cannot be the whole story really, In Michigan if you have the" right to be there" then you can carry. I stop hundreds of semi drivers in a year and there is no state law or city law that prohibits the driver from carrying. Find out if it is a state or Local law thats got him hemmed up? Tell him to make a court date immediately. It does not sound right at all.

  4. #3
    Join Date
    Sep 2007
    Location
    Parsons, TN
    Posts
    272
    In TN you have to have a carry permit to have a loaded handgun even in your vehicle (being a commercial vehicle or not is irrelevant. Otherwise it is a violation of TCA 39-17-1307


    39-17-1307. Unlawful carrying or possession of a weapon. —

    (a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4˛), or a club.

    (2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).

    (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.

    (C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

    (b) (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106, and:

    (A) Has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon; or

    (B) Has been convicted of a felony drug offense.

    (2) An offense under subdivision (b)(1) is a Class E felony.

    (c) (1) A person commits an offense who possesses a handgun and has been convicted of a felony.

    (2) An offense under subdivision (c)(1) is a Class E felony.

    (d) (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.

    (2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.

    (3) A violation of this subsection (d) is a Class E felony.

    (e) It is an exception to the application of this section that a person authorized to carry a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. However, the person does not violate this section by inserting ammunition into the chamber if the ammunition is inserted for purposes of justifiable self-defense pursuant to § 39-11-611 or § 39-11-612.

    (f) (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:

    (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;

    (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or

    (C) Is prohibited from possessing a firearm under any other provision of state or federal law.

    (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.

    (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

    (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.

    (5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.

    [Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6; 2007, ch. 412, § 1; 2007, ch. 594, § 3; 2008, ch. 1166, § 1; 2008, ch. 1176, § 1; 2009, ch. 431, § 1; 2009, ch. 455, § 6.]

    There is a list of defenses in 39-17-1308, but being in your vehicle is not one of them

    39-17-1308. Defenses to unlawful possession or carrying of a weapon. —

    (a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

    (1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;

    (2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

    (3) At the person's:

    (A) Place of residence;

    (B) Place of business; or

    (C) Premises;

    (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

    (5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;

    (6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;

    (7) By a state, county or municipal judge or any federal judge or any federal or county magistrate;

    (8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;

    (9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; or

    (10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and the provisions of this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.

    (b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1).

    [Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997, ch. 476, § 3; 1999, ch. 295, § 1; 2003, ch. 144, § 2.]


    Now if the gun was in his sleeper...he might could make the argument that it was in his residence. Let us know how it turns out.
    “Because when seconds count, the police are only minutes away”

    Posting in …….
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  5. #4
    I carry in Ohio. There is no law against it unless the Company has a policy against it.
    There has to be something else we don't know.

  6. #5
    Join Date
    Jan 2010
    Location
    Hampshire, Tennessee
    Posts
    7
    He has had a carry permit for 6 years or so. It was the fact that he was in a big truck that got him detained not the fact that he didn't have a permit.

  7. #6
    Join Date
    Sep 2007
    Location
    Parsons, TN
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    272
    Quote Originally Posted by r6602-mogas View Post
    He has had a carry permit for 6 years or so. It was the fact that he was in a big truck that got him detained not the fact that he didn't have a permit.
    Then that was wrong.

    There is no TN or federal law that prevents firearms from being in a commercial vehicle.
    “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. #7
    Then it was a case of the LEO giving him a hard way to go.....

  9. #8

    Re: Carrying in a commercial vehicle question

    I have read the FMCSR (Federal Motor Carrier Safety Regulations) from cover to cover. Though I had to slap myself in the face to stay awake, there is absolutely no prohibition against the carrying of handguns or any other gun. All state laws apply. If the OP's friend had a valid permit, then the officer is simply ignorant of the law. That is hardly surprising.

    Companies often blatantly lie about the Federal regs to drivers to discourage them from carrying guns in their trucks. The four companies I have worked for all said it was illegal. Technically, since we operate in states where we probably don't have or can't get the permit they were partially correct. It's easier than explaining the complicated truth to a bunch of jackasses.

    The lies the big trucking companies tell their drivers are spread every morning by slack-jawed, dirty sweatpants wearing know-it-all loudmouths at truckstop diners around America!

    I'm afraid that if I roll my eyes just one more time listening to one of those retatrds the front of my face will cave in.
    Chaz Murray
    NRA, USCCA, ARCCA

  10. #9
    Quote Originally Posted by chikinhammr View Post
    I have read the FMCSR (Federal Motor Carrier Safety Regulations) from cover to cover. Though I had to slap myself in the face to stay awake, there is absolutely no prohibition against the carrying of handguns or any other gun. All state laws apply. If the OP's friend had a valid permit, then the officer is simply ignorant of the law. That is hardly surprising.

    Companies often blatantly lie about the Federal regs to drivers to discourage them from carrying guns in their trucks. The four companies I have worked for all said it was illegal. Technically, since we operate in states where we probably don't have or can't get the permit they were partially correct. It's easier than explaining the complicated truth to a bunch of jackasses.

    The lies the big trucking companies tell their drivers are spread every morning by slack-jawed, dirty sweatpants wearing know-it-all loudmouths at truckstop diners around America!

    I'm afraid that if I roll my eyes just one more time listening to one of those retatrds the front of my face will cave in.
    bolded: that is the issue. You could very likely go into a state that your permit is not recognized...and if you happen to be delivering/picking up in that state than FOPA does NOT cover you either since you're not just "passing through"...

  11. #10
    Commercial vehicles are subject to different rules than personal vehicles.

    YOU MAY NOT CARRY A LOADED FIREARM IN A COMMERCIAL VEHICLE. EXCEPTIONS ARE NOT MADE FOR CCW PERMIT HOLDERS.

    FMCSA Part 173.54: Forbidden explosives
    Unless otherwise provided in this sub-chapter, the following explosives shall not be offered for transportation or transported:
    (f): A loaded firearm (except as provided in 49 CFR 1544.219)

    49 CFR 1544.219 allows LEOs to carry in aircraft under certain circumstances.

    READ IT FOR YOURSELF HERE

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