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Fire Arms in Commercial Vehicles

I feel I need to have a way to protect myself in the area of the country I am working in. I want to get a fire arm and some say it's just fine but others say it is illegal. Where can I find the rules on that?

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Still, no one can say where I can read about it. I know different states have different rules but what do the feds say about Commercial Vehicles?

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Exelent, thank you all for the answers. It helps to hear personal stories of having a firearm.

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There are no Federal laws or FMCSA rules against carrying a pistol in a commercial vehicle. What you have to understand is which states have reciprocity with the state you have a CCW in. These states will honor your pistol permit as long as you are carrying your firearm in the guide lines set out by that states law.

For a long time I carried a tactical shotgun which was shorter in length but legal to carry without a permit but had to be unloaded when I was traveling and out of reach of the driver seat. If you carry a shot gun or pistol when stopped by a law enforcement officer and asked if you have a weapon be honest and tell them the truth and make sure it's properly unloaded and stored away. I usually kept mine under the pillow, which was a easy reach from outside the vehicle during an inspection without having an officer get in my truck and looking around trying to find it. The office will usually retrieve the weapon and check the serial numbers and make sure it's not loaded. I have never been hassled about carrying any firearm as long as it's done properly, but as others have said if your carrying in a state that is not gun friendly or a state that your state does not have reciprocity with you could be at risk with a gungho police officer. Here are some resources for you to check your states gun laws and other states that have agreements with them. Check them often to see if the laws have changed ours here in Alabama had several changes this last week that will take affect in August...

http://www.usacarry.com/concealed_carry_...

http://www.handgunlaw.us/

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Blackwood is absolutely correct in this first paragraph.

I want to add a word of caution for his recommendation in the second paragraph.

If stopped by law enforcement there is no need to offer information that you're carrying a firearm. Indeed, doing so puts you at risk of penalties. You might think you were legal where you were, but mistaken. Had you kept silent there would be no problem. It's your right to remain silent. Offering potentially self-incriminating information to law enforcers is a dangerous thing to do.

video on talking to police by law school professor: http://www.youtube.com/watch?v=6wXkI4t7n...

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I would only add that if you are stopped by a law enforcement officer and are asked if you are in possession of a firearm and you lie about it and it goes farther and you are asked to allow them to search your vehicle, you have just painted yourself into a corner. In the last 12 years I have had my truck searched 10 times, why? I don't know but I have never failed to disclose that I had a firearm when asked and have never been given a hard time about it. I will say that I have had at least one state trooper tell me it was illegal for me to transport a hand gun in my truck and when I asked him to show me where in the FMCSA green book it said that.....well he left it alone and gave me my gun back. Just know what the laws are where your going and if it freaks you out to carry a hand gun then get you a tactical shotgun keep it put up in your sleeper and only load it when you lay down to sleep and unload it in the morning. I have never carried a hand gun into New York nor would I do so but I have carried a shotgun

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Absolutely don't lie. I never said to lie. Remaining silent is not lying. However, talking can incriminate you. You can also not consent to a search.

I'll restate my point. Carrying a firearm is legally very dangerous because for many reasons:

*every jurisdiction can have different rules/laws

*when traveling you probably don't know exactly where you are at all times

*when traveling it's easy to unknowingly travel into a firearm restricted area just by driving down the road

*Each state has different laws; within each state each city of a certain class may be able to have it's own firearms rules; every school property might have a designated zone beyond its property with special zones anywhere in a state

=====continued below======

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========part 2=========

So let's take the scenario you're carrying a firearm while you're out trucking and you get pulled over for speeding.

The cop comes up to you for the usual paperwork procedure and you don't tell the cop you're carrying a firearm. The cop gives you back your paperwork with or without a ticket and you're allowed to leave.

So what difference does it make that in the scenario above you didn't tell the cop you had a gun? It was just like if you didn't have a gun.

Now let's use the same scenario and except you tell the cop you have a gun. Now there's no telling what may happen. You might end up being ok just as if you had no gun or you could be off to jail. So why risk going to jail.

=======part 3 below====

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====== Part 3 =====

If asked questions you have the right to remain silent. If asked to search your vehicle you have the right to not provide consent. If they do a search anyway because it's a CMV and they say something about the fact it's a CMV and so they're doing it anyway or whatever, then that's up to them. But don't give consent. But don't try to stop them either. Then if you land in hot water for the gun you have a better chance in court of not going/staying in jail.

My point is to know your rights and how to use them. If you want to waive your rights that's your choice. Also remember, the cops can legally lie to you but you cannot legally lie to the cops. And again, anything you say at any time can be used against you. For example, during a traffic stop you have the right to remain silent the whole time and anything you say can be used against you. ==== part 4 below ======

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Still, no one can say where I can read about it. I know different states have different rules but what do the feds say about Commercial Vehicles?

What do you want to read? The answer for guns in CMV's has been correctly answered here several times. The feds don't have anything for you to read because they have nothing to say about it. Since it's a right they're only going to write about it if there is a restriction. They're not going to write to tell you what you already have a right to do. It's not an issue of asking permission for a privilege. Are they going to say you can also chew gum in a CMV? No, because you already have the right to chew gum. So they're only going to write about it if they're putting restrictions on chewing gum.

Some resources to help anyone reading this learn their rights or refresh their memories. I'm not making any accusations. Add more excellent sources in the comments below if you like.

Understand rights.

Understand the risk of talking to police.

Learn the Constitution.

Also check out the Flex Your Rights series

There are many examples of police interactions you can view on YouTube. You can see the pros and cons of different actions. Sometimes the cops are professional and sometimes they're not. Sometimes the people in the interaction are smart and reasonable and sometimes they're not. Sometimes they follow the law and sometimes they don't. And, of course, on the tv show Cops you can see people get arrested left and right because they didn't know their rights or how to use them. Usually they would have been fine if they would have kept their mouth shut. Instead they talk and give consent. Even when they know there are drugs in the car.

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It is not "your right to remain silent" until *after* you are place under arrest. Until that moment you are required to answer law enforcement questions.

I think what you mean to say is, don't volunteer *anything*. Not about guns or anything else! When dealing with law enforcement, keep your mouth shut, speak only when spoken to, answer truthfully and confine your answer to that which was specifically asked. Volunteer nothing.

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Great Info here

I would like to add a few things obtain your Concealed Handgun Permit and carefully study the regulations in the states you will travel thru. Join the NRA and go to their website and check out the laws for each State. There is a lot of difference between States for example Arizona is an open carry state and you can sit in a McDonalds eating lunch with your 45 on your hip, however in Maryland if you have an unloaded handgun in the vehicle you can be arrested. There is Federal law that overides state law (Firearm Owners Protection Act 18USC 926A ) states if you can legally own the Gun in the State you are travelling from and can legally have it where you are going and stay on the interstate highways, do not stop for an extended period of time and it is unloaded and secure they can not prosecute you because of their unconstitutional gun laws. However I would keep a copy of the law with you because some cops do not have a good grasp on the law but most of them can read.

One other thing if you do decide to carry a gun and are not experienced make sure you get trainning this is serious business.

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I also love the 12 gauge idea no doubt the best defense weapon there is , however walking to the bathroom in a rest area at 3am or checking yous load in the back row of a truck stop, Is when you really need to be armed and it is a lot easier to conceal a pistol than a shotgun. One thing to conider if you have a CCP when the cop runs your drivers license it tells them you have a CCP and some states such as Texas require you to disclose the fact you are armed when you get pulled over.

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Bull ..... If you don't want to speak you don't have to speak. The government does not have to give you permission to invoke your right to remain silent by placing you under arrest. You have the right to remain silent. Regardless of your government.

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get a gun and don't get caught with it. there is no federal rule against it but there is also no universal concealled carry permit. what area do you run in? some states have open carry laws and you may have one legally there.

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I understand where your coming from, but that advice could land a person in jail. Especially if he drives across the border or in NYC.

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Or onto military bases.

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brandtons, it doesn't matter what the feds say. if you get stopped/searched by a state cop and have any illegal weapon you may be looking at jail time anyways. here's the law: http://askthetrucker.com/cdl-federal-gun...

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Take the legal way if possible, but I would rather be judged by 12 than carried by 6.

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Every state is different, Just know your state laws. There are no federal laws saying you can not have a gun in a commercial vehicle. If you are with a company, They have there own rules. You may want to check with your carrier.

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www.handgunlaw.us

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My dads friend Ed Maclane is very smart just like my dad said he was. Many people look to others to get permission. That is the governments strength against its people. That and we are taught to follow orders and rules right from day 1. Even if there aren't any there. we will try to find some to follow anyway. Silence is golden. People have guilty conscience. I didn't do it !!!!

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Not sure why anyone would prefer a handgun in a truck over a good 'ol fashioned 12 gauge double barrel coach gun. A lot more intimidating for the person on the receiving end of it, and there is far less chance of missing if you actually have to use it. It will make any hoodlum wanna be lose control of his bodily function when face to face with a coach gun. And it is far and away more legal in more areas of the country than any other firearm. They are short, easy to reach for and get situated and several .33 caliber nickel plated lead balls heading down range with just a single pull of a trigger will do the job pretty well. And you still have another barrel full of those .33 lead balls after pulling off the first load.

And folks wondered why I liked using a Remington pump shotgun when I was in SE Asia. It may not be the most fancy thing on the block, but there is hardly any thing that does the job any more effective, and is more reliable, even today. A Stoeger Coach Gun rides right along with me. Even when unloaded, it is a very simple, quick proposition to crack it open and drop in a couple of 12 gauge shells and have it pointed at the direction of the threat. And if you need it to do so, it will do an excellent job on someone's face when used as a bat. Home run heaven when you bust their head open with a quick swing of that shotgun and hit them in the face with those barrels. They will probably not be a threat anymore.

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Why a handgun instead of a shotgun? Should be obvious. Size of the gun and maneuverability inside the cab. Concealment outside of the cab.

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Rules vary so much from area to area, I would check with the local officials in the area you run.

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Get the Legal Heat app on your I phone it has all the rules for every state & is up- dated regularly it is legal to carry a gun in a commercial vehicle,however in some states it must be unloaded in a case not acssesable to the driver,good luck, Texas Red

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brandtons will be eternally grateful.
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