Motor Carriers and carry

[Strings]

Ok, need the collected wisdom here again.

Nephew in law is an OTR driver. He's telling me that there's a federal law against firearms in a motor carrier.

Not sure where to check for this one.

[Jamisjockey]

http://askthetrucker.com/cdl-federal-gun-law/

He quotes federal law in this article.  I think your nephew is probably wrong.

[vaskidmark]

These folks http://www.landlinemag.com/todays_news/Daily/2011/Nov11/111411/111811-02.shtml seem to think truckers can carry but the quiltwork of state laws was in need of "fixing".

stay safe.

[Strings]

Thanks: we found it. No such federal critter

[Tallpine]

Actually, it should be required 

(especially any haz-mat loads)

[French G.]

Actually, it should be required 

(especially any haz-mat loads)

Funny, I looked at the job openings for armed truckers, those being the DOE nuclear carriers. I think I could qualify and pass the clearance, but I am really turned off by the TS with lifestyle poly. Something about Mr. Man digging around that much bugs me.

[Chuck Dye]

The lie is told by more than a few companies and trainers.  It is, no doubt, easier than defending a company policy or explaining the reality.  The reality is that we are subject to the laws of every jurisdiction we travel in, just as every one else is.  We are also subject to the realities of the market place:  get caught with a firearm on the property of a customer that prohibits them and face the customer's wrath, then your employer's.  Some companies will ban the driver, so reducing the driver's utility to the trucking company that he will be fired and find difficulty getting driving work elsewhere.  Some companies will ban the trucking company.  The driver who costs his company a customer can find himself out of work and nearly unemployable as a driver.  (When I committed a serious OOOPS!, I found myself suffering what I called Groucho's syndrome:  I didn't want to work for any of the companies that would hire me.)

[Boomhauer]

Common lie and many are convinced federal law prohibits CCW by truckers despite evidence to the contrary.

Now, there are a few considerations for CCWing while in a truck. Company policy and so on as listed above. The various laws of the states said trucker is traveling through. And, especially for a company driver, possible load assignments (i.e., if are out on your trip with your piece, and the initial trip was to someplace perfectly legal to CCW so you were fine, but you got a load assignment while out on the road to take it to a restricted facility such as a military base or even if you have to run a load to Canada, that's going to create issues)

[Chuck Dye]

Here is a link I bookmarked to answer one of the fringe arguments about federal law and weapons in commercial trucks. 
LINK.

It leads to this letter:

Aug 24, 2006
PHMSA Response Letter

Aug 24, 2006

 

Mr. Richard B. Loden                  Reference No. 06-0165
3959 Chestnut Avenue
Concord, CA 94519

Dear Mr. Loden:

This responds to your letter regarding the applicability of the Hazardous Materials 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 lawfully 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. This response has been coordinated with the Federal Motor Carrier Safety Administration.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

 

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.54(f)

Y'gotta love the "Reinvention" in that title!