CDL Federal Gun Law
Due to the controversial topic: “Can CDL Truck Drivers Carry Guns?”, I have researched and found a Federal Law that so many drivers are looking for. Read what an actual Federal Law states about this topic, to put it to rest, once and for all. ( or maybe not)
Provided by Truth About Trucking.
Can a CDL truck driver legally carry a gun in the truck? This is a very HOT topic! In my previous article, “CDL Truck Drivers Carrying Guns,” much controversy was created because nothing could be found anywhere showing any Federal Law stating that it was illegal to carry. I have pointed out that there is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so, as well as policies set forth by the motor carrier. I have found the actual Federal Law revealing the insight on this subject, listed below:
Title 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.
OK…now that we have the Federal Law on this matter, what does it mean? I would say that you could give this to 50 attorneys, and all 50 would interpret it differently! I believe what it is saying, is what I originally wrote in my previous articles….a CDL driver may carry a gun in the truck with him or her, PROVIDING that it does not violate any other STATE law, in which the driver will be passing through. Thus my point again…city, county and state laws may be the prevention for CDL truck drivers to carry guns…
Help me out drivers….what do you think?
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Tagged with: cdl • DOT • gun laws • motor carriers • otr trucking • owner operator • truck driving careers • trucking • trucking companies • trucking life
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well said. i’ve carried for years in my truck. while carrying, i’ve only been forced ONCE to use my pistol. often times, the sight of the weapon itself will back somone down. when force is required, however, there is and old saying i prefer. “it’s better to have and not need, then to need and not have.”that being said, know the laws in the states you are running in!
I am a licensed class a cdl driver with a ky conceal carry permit..I too had this question so I called the weigh station in my state to ask them being as they would know…and with a ccdw permit you are perfectly legal to carry in a commercial vehicle…there is no law federal or state that prohibits you from carrying in your rig….the state you are in must recognize your states permit..this is according to the dot officers in my state …hope this helps
Hi Jess: Most state do and will recognize the permit, but some do not and this is the only point I’m trying to make people aware of … case in point … CMV driver has a Florida permit … New Jersey DOES NOT recognize Florida permits … get caught in NJ … could lead to big trouble … a few other states as well … so the DOT officer is incorrect as far as it relates to ALL states …
So, what happens to the driver from Arizona, which permits anyone not prohibited from carrying to carry concealed, except where there is a prohibition? The law gets grey when it comes to transporting across state lines. Federal law permits transporting, in a locked case, other than the glove box or console, unloaded and not accessible to the passenger or driver of the vehicle, when the reason for transporting it is legal. After I looked at the law, and realized that the law changes all the time, and self defense may be legal but locked away unloaded a gun is worthless for self defense, I just did not take one with me. Never needed anything more lethal than a tire thumper anyway.
The reason for transporting it legally is your CCP, but yes, you’re right: locked away from the separate ammo is kind of worthless, but that is how the federal law is written.
The grey area that can get drivers in trouble is not knowing the individual state laws, such as even though an AZ driver is legal to carry via his or her state, if caught in such states as NY or NJ for examples, there could be trouble for the driver because these states do not honor any other states Permit/License.
Here’s a pretty good site that gives info on U.S. gun laws per each state:
http://www.handgunlaw.us/
Thanks for commenting,
Allen
I have Arizona permit because it let’s me carry in new Mexico and Nevada. The whole thing about making sure your permit is recognized by the state you are in has nothing to do with being in a commercial Cecile…it’s for any vechicle
What I am seeing throughout a lot of these comments is that as long as the concealed weapon is locked without ammo and ammo is locked up separately then it sounds like it is ok. All of these comments refer to Drivers with a CDL but what about drivers for companies not requiring a CDL? I was wondering what good it does if everything is in different parts of your truck and you’re being held up or beat up? First your weapon may be stolen and used but if it’s registered to you, then who’s gonna get the blame? Second it could conceivably be used on you the driver. This just sounds like a law that needs to be made cut and dry for the entire US. I can understand not carrying one say into Canada or Mexico because they may be entirely against it but what would you do if you’re driving, leave off a load in the US and then get a load that goes there. You probably couldn’t leave it somewhere til you get back and pick it up. Anyway y’all have safe trips and just follow the rules that you know about.
I’ve always carried with me over the road. There has NEVER been an issue with doing so Federally. The issue is like stated: at the State level and also with your motor Carrier. I have a Florida CCW, an Idaho CCW as well as a NY Pistol permit. I’m pretty well covered for state carry laws, but if my company decides to fire me because I had to use my pistol to defend myself they have a right to do so since they have a no weapons policy. It’s a risk I’m willing to take.
i carry a unloaded scard up fist and a shotgun for backup
Good input and thanks to all. I am brand new to the CDL world but have been a CCP citizen for years.
I’ll plan on continuing to carry and if need be tried by 12
Best to all
Well i been driving for over 27 years and i carry gun in my truck and always will. If you think i am going to worry about what some idiot in a suit decides to put out for the “law of the day”….when he is setting in an office trying not to break a nail or get a paper cut…your crazy as he is !! I have a right to protect myself no matter where i am, in truck , my home or in a store….if someone is trying to hurt me then they get what they get…and i don’t need a permit for that !!
I understand your position perfectly, but on the other hand, if there’s an accident, you are on your own. No job, no liability insurance. And, if it’s loaded and where you can reach it while driving, Feds will be after you too. Good luck with that.
Exactly. Many things to consider but ultimately it is an individual choice. Federal law is clear but the rules must be followed in order to prevent such a scenario that you pointed out. On the other hand, if the firearm is unloaded and it and the ammo is in different compartments, unreachable by the driver per the law … will the driver have enough time to reach the firearm and ammo, load, aim and fire in time to protect him or herself? Probably not in most cases, so what good is carrying an unloaded firearm, separated and unreachable to the ammo? Again, it’s an individual’s choice. Just pointing out what the law states.
i have a concealed carry permit and haul classic and high end vehicles since i am licensed to carry loaded and concealed everywhere that isn`t posted, then i can carry as long as its holstered and i have my license?
No. You concealed permit was written by state authorities. Federal law as written is specific and You are transporting under Federal transportation and commerce laws, you cross interstae lines with a loaded firearm and your breaking the Federal Law.
You must have the ammo and firearm seperate…”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 lockedcontainer other than the glove compartment or console.”
Does not matter if it is the firearm or ammunition that is locked up in a seperate container so much as long as they are seperated.
The unloaded and separate requirement in this law is for “transporting” weapons. It has nothing to do with “carrying” a weapon. The law quoted above applies to all states by all citizens to safely transport firearms.
What we are all talking about is those of us who have CCWs and actually carry. The fact remains that until Carry Reciprocity is finally passed at the Federal level, this will continue to be a fragmented State issue.
I’m just happy to know that (for now) there is no Federal Law that interferes with the State laws on this.
“..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…” Anybody else see the word ‘carry’ in this rulig? If you are carrying, you are transporting. If it’s in my purse and I walk across the street, I’ve transported it.
Gail: you do realize this is referring to transportation of firearms..not ccw permitted carry,right. If your permit isn’t honored in a state then rely on the guidelines for transportation of firearms
Why did you get searched? Did they probable cause or did you give them permission? From what I am told the sleeper is considered living quarters and law enforcement needs a formal search warrant.
No it is not living quarters, even though you sleep there. Law enforcement has the same right to search your truck as they do any vehicle.
law enforcement has no right to search any of your property without a warrant–know your rights driver–and always tell them no–dont let them stomp your rights in the ground–stand up for your rights and know when you are being illegally searched
Charlie is correct here. That is federal. First amendment right to privacy. They can NOT search a damn thing without probable cause, consent, or a warrant(which they need probable cause to get)
I think in this case they were refering to a loaded firearm as freight, not personal belongings.
i live in missouri, do not go out of state with a company truck. there is no company policy about ccw while driving. my question is, can i carry a handgun with me in a comercial vehicle in missouri as long as i have my ccw permit?
Yes. As long as you have a permit that is recognized by the state you are in
Sounds like you have a very well thought out set up. The only change that I would make would be to carry hollow points along with the fmj. The hp has much better knock down power than the fmj. The fmj is a good choice if you might have to shoot at someone that is behind light cover. Lets just hope that you never have use for either of them.
That depends on the authority of the officer. Regular (i.e. non-regulatory) officers should have permission or probable cause to believe a crime has been committed. A warrant is often not needed b/c the vehicle is mobile and can drive off during the time it takes to get a judge. Regulatory officers (DOT, Vehicle Enforcement, any NAS certified officer) can look more or less whereever they wish. Whether you live in it or not, a commercial vehicle is part of highly regulated industry subject to inspection at any time in the interest of public safety. There is no recognized expectation of privacy against regulatory enforcement. Since sleeper berths (down to the interior size and the content of your mattress) are regulated under 49 cfr 393.76, you can’t really keep a regulatory officer out. Even trying is subject to arrest for “refusing an inspection” in many areas.
totally false–why dont you talk to an attorney bout what you just said–just because you drive a truck dosent mean you give up your rights as a U.S. citizen–a warrant is required for any search of your vehichle
False. DOT can’t search a damn thing without a warrant. Don’t get search and inspection confused. Now I will give you a scenario in which a driver could potentially get into trouble due to the individual officer and his/ her interpretation of the law at that point. If you are being inspected, you open the driver’s door so DOT can visually see your fire extinguisher(if its mounted by the driver’s seat). If you have a firearm on the floorboard, and its seen by the officer at that point, then the plain view doctrine could come into play.(Again, depending on the jurisdiction and officer conducting the inspection)
Just to clarify, if you have a concealed carry license, you can carry in your state (either in your pocket, on your hip, in your glove box, under your seat, or wherever you choose), and you can also carry the same way in other states that honor reciprocity of your “permit.” Your firearm does not need to be locked away or unloaded, unless that is the law of that state. Now, when carying through states that do not honor your CCW or if you do not have a Conceal Carry license, federal law does give you the right to carry through those states, but that is when you need to have your gun(s) locked away per 18-44-926A: 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.
By the way, it does not say that your gun and ammo needs to be locked away in two separate compartments, just unloaded.
The only remaining question is whether or not you can have the pistol loaded and ready “in your home” while you are sleeping in the cab of the truck for your protection… because as stated many times, it does you no good locked away.
Ohio law does state that if you do not have a CCL permit, Gun and ammo have to be in separate conpartments
You really should have fought that. It makes me sick that they did that to you.
Good idea, but nothing beats a firearm. I carry one in sensitive places or if I know I am leaving the gun at home, like if I am drinking a few beers.
Why would you not carry into a bank? In most places, there is no law against it. Additionally, there is no federal law against it. The bank is where you are most likely going to need to use your firearm. I carry into the bank every time; I would not think of going in without packin’. I have even open carried into some banks with no problems. In Alabama, there is no law against carrying into courts. I carry into the courthouse all the time, but there are metal detectors before the actual court room – these are inconstitutional, but who is going to fight it? Now, federal buildings are off limits by law; I don’t like it, but I don’t carry into them. The one good thing is that most federal buildings have armed security that hopefully would protect you. Add post offices (and post office property) to your list for now; maybe things will change with the recent litigation.
So True. It really ticks me off that an illegal alien cannot be asked for proof of immigration status after being arrested for a crime, but commercial drivers can be asked several times a day for proof of every aspect of their lives…with NO probable cause.
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Does anybody know what Communist Controlled California laws are for carrying a gun in a truck? Also how about the X-Ray machines coming into a port of entry? Are they X-Raying the cabs? How much radiation are drivers being exposed to?
If the gun is unloaded yet within reach of the drivers seat and the ammo is in a magazine lets say my back pack, is that considered separate compartments?
“..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.”
I have a concealed weapon permit and I also carry my piece in my truck and I am 70 years old and if ya think I am going to stand by and let a 35 year old beat up on me the you are nuts. This is why I carry and this truck world has gone crazy in the past few years.
Its all depends on the state and local law regulations. Also the right documents, permits, and how you are transporting it is the key to which states and local government will allow you to use your right to carry. I will my rights any chance I get.
When I am on the road in my Commercial vehicle that said vehicle which has a sleeper is my residence, Just like if I were in a Motorhome, That to would be my residence. You have the right to protect your home and when I’m on the road my truck is home. I am licensed in 25 states for concealed carry and will continue to carry.
It is easier to to get Florida’s CCL,then getting licenses in 25 states, Florida’s CCL is recognized by 30 states, and you do not have to show residency in Fl.
We here about all the people who have some knowledge. Cut to the chase and let’s here from some people who have actually had a problem. They would have first hand info. Anyone had a problem?
I am a regional driver from PA and just aquired my CCP. There are 32 states that recognize PA’s CCP and if I get my Utah CCP I will be up to 39. There’s only a couple states I need to worry about considering my limited distance. So my suggestion is to look at which state recognizes your state’s CCP and then check into either which states offer an out of state CCP or which state has an out of state CCP that is recoginized in the states you want to travel thru.
Go to http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html to check reciprocity
I think there’s another aspect to this “CDL driver” carry discussion, and that is this….For an OTR driver, their vehicle is also their place of residence for most of every month. So then doesn’t the question also become a matter of the castle law?
This can be a very tricky area of law to discern due to the fact that one aspect,the castle law, may come into play for drivers that live in their work trucks and another aspect is the vehicle belonging to the company and not the driver.
something to consider.
How about an Interstate trucker wanting to carry a short legal length shotgun for personal protection?