CDL Trucker Carry

[n24wheel]

Can a CDL truck driver legally carry a gun in the truck? 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. This is according to the NRA legal council. Federal Law is 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.


…city, county and state laws may be the prevention for CDL truck drivers to carry guns…

….what do you think?

Why does the CDL test in Tennessee have the question about guns in trucks and why is the answer on the test state that guns in comercial trucks are against the law? Could it be that this test was written pre-carry permit and is now out of date?



Here is the Peacable Journey Law Again which explains what you were saying about being locked up and unloaded.
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.

March 11th, 2009 at 9:41 pm
Early this morning in Knoxville, TN. a trucker shot and killed an intruder who was breaking into his cab. At this point, no charges have been brought against the trucker. Comments by local residents in the newspaper have been overwhelmingly supportive of the driver. No charges were placed on the trucker and the trucker did not have a permit. He was from North Carolina.

[photoguy67]

I am not a lawyer, but we recently had TDOT and THP on our dock doing a hazmat inspection and I asked them that question. I was told in no uncertain terms that a Tennessee Handgun Carry permit is valid no matter what vehicle you are driving. The old saying that truckers are not allowed to carry a handgun is just an old truckstop lawyer myth. They did go on to say that once you cross state lines however it becomes a whole different story. I am not sure what they meant by that since I didn't ask, I stay within the confines of the state.
Billy

[KevinMcCauley]

I work with trucking companies and if it isn't legal, then there are a countless number of truckers breaking the law...

[n24wheel]

I cannot find anything in tn state law that prohibits it but
Why does the CDL test in Tennessee have the question about guns in trucks and why is the answer on the test that guns in commercial trucks are against the law?
Could it be that this test was written pre-carry permit and is now out of date? If so how can we get it fixed? IF TN law does prohibit it does anyone know the statue so we can get it fixed?

[ProguninTN]

[tnroadrunner]

Could it be that the test does not specify the driver having an HCP. By not specifing it make the answer against the law. IMHO.

[ProguninTN]

[n24wheel]

It appears that the Tennessee CDL test which states you cannot carry while driving a commercial truck is pre-handgun permit program and is wrong for permit holders. I'm not a lawyer but according to the NRA lawyers no law exists. So with this I believe that it is legal to carry in a commercial truck unless the company does not allow it or if you are in a state that does not honor your permit. Of course in a no honor state you would have to follow the rules of that state.
David

http://www.handgunlaw.us/documents/Comm ... erarms.pdf

PHMSA Interpretation #06-0165

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)