CDL, CHL and MPA question.

[puma guy]

My daughter's boyfriend just completed his CDL training course and received his CDL. The course is done by a major trucking concern that we've all seen on the hiways and he's comitted to drive for a year for the company. He told me their instructor told them company policy prevents firearms in their trucks and even if not federal law prevents driver's of company trucks from carrying a concealed weapon. He wanted me to inquire on this forum as to the validity of the instructor's statement re: federal law. He understands company policy prohibits it, but he said the instructor also told him if he owned his own truck (tractor) he could carry. I assume he meant under MPA or with a CHL. What are the facts?

[G.A. Heath]

I have seen/heard people say that there is some federal law/regulation preventing a driver from having a weapon in a commercial vehicle, no one I have even heard of has been able to cite, or even give a general idea of where there is such a law/regulation. The general consensus is that no such law/regulation exists. For CHL purposes it sounds like the instructor gave him oral notice so CHL carry is probably (Talk to a lawyer to be 100% sure) now out of the question. MPA carry is somewhat questionable, he has been given oral notice that he can't have a gun in the truck so that probably meets 30.05 as well. Now with that said, if he does carry and for some reason he can't be charged with a crime he can still be terminated from their employment. Additionally if he travels into other states while carrying a firearm he needs to be aware of that states laws and/or federal law if he isn't stopping in that state.

[cbunt1]

Federal Motor Carrier Safety act, part 49 is the federal regulation covering most aspects of commercial transportation. Years ago the act prohibited firearms aboard any commercial motor vehicle. This is no longer the case.

As you mention, most carriers have some sort of policy that prevents carry, but these are company policies, and are nit enforceable under criminal law--just the potential, for being fired.

That's all fine and good, and he will have to make his own decision from that perspective. I would assume we're talking about an over-the-road carrier, which covers 48 states and Canada. My experience driving for such carriers was that I spent a good deal of time east of the Mississippi,and often in gun-unfriendly states.

I also never had my sleeper searched, and the sleeper portion of a truck is covered as your 'home' in some states, and subject to numerous protections that a regular vehicle is not. Others, not so much.

The problem with carrying a gun in a commercial vehicle comes mire fro the places you will go (shippers/receivers, oilfields, federal facilities, prisons, etc.) ive had some interesting experiences in some of those places as an owner-operator, carrying a dog (always) and a gun (often).

If he's subject to a trip to Canada, he cant have a gun at all there.

sooo...while not technically illegal on the surface (nor just because its a CMV), it does present a number of problems as you travel through states where either a particular CHL isn't recognized (say, Nevada for a Texas CHLi holder) or the pistol's mere presence is a legal issue (say, NYC, for anybody that's not a powerful new yorker).

As a company driver, I always carried a large flashlight, a "tire thumper" and often a walking cane (who's to say my knee wasn't acting up?)

Most potential "ugly" experiences will occur in the truckstops, quite frankly...at least that was my experience. A flare gun is a legitimate piece of safety equipment, and is most specifically not a firearm, btw. Quite useful to protect your truck. A scalding hot cup of coffee will buy some time in an unpleasant encounter also...

my answer isn't complete by any means (tablet typing isn't easy for me) but I hope its a start. Trucking is hard work, and can be hard on family life, but can be a rewarding job or career with the right mindset. Just watch out fir the potholes, both literally and figuratively

If you've got it, a truck brought it.

[Jumping Frog]

Federal Motor Carrier Safety act, part 49 is the federal regulation . . . .

The problem with carrying a gun in a commercial vehicle comes mire fro the places you will go (shippers/receivers, oilfields, federal facilities, prisons, etc.) ive had some interesting experiences in some of those places as an owner-operator, carrying a dog (always) and a gun (often).

Yes, listen to cbunt1's response -- he "get's" it.

This is what I have previously written on the topic (no point in re-typing it):
http://texaschlforum.com/viewtopic.php? ... 70#p520670" onclick="window.open(this.href);return false;
http://texaschlforum.com/viewtopic.php? ... 16#p590116" onclick="window.open(this.href);return false;

[puma guy]

As a company driver, I always carried a large flashlight, a "tire thumper" and often a walking cane (who's to say my knee wasn't acting up?)

Most potential "ugly" experiences will occur in the truckstops, quite frankly...at least that was my experience. A flare gun is a legitimate piece of safety equipment, and is most specifically not a firearm, btw. Quite useful to protect your truck. A scalding hot cup of coffee will buy some time in an unpleasant encounter also...

my answer isn't complete by any means (tablet typing isn't easy for me) but I hope its a start. Trucking is hard work, and can be hard on family life, but can be a rewarding job or career with the right mindset. Just watch out fir the potholes, both literally and figuratively

If you've got it, a truck brought it.

Thanks you've been most helpful. He will be driving all over the states, first with another driver then on his own. I know he intends to toe the mark so I'll tell him about the flashlight, thumper and cane, all are great ideas. I used to carry a baseball bat (and a well used glove and softball) in my younger days. I might offer one more addition to your tools and that's a large can of wasp spray. I've been told it's as effective as pepper spray and has a much greater effective range.

[tommyg]

Watch the flare gun in Maryland (and possibly other states) they have some funny laws concerning flare guns.
Check the rules before carrying a flare gun in some states

[2farnorth]

If there is any chance he will be going to Canada he must not be carrying a handgun. They have very severe restrictions. The same applies to Md, NJ, and Ma. You're looking at mandatory jail time if convicted of violating their laws. Ca, NY, and Il are almost as bad. Some try to say that he's covered by the federal Firearms Owners Protection Act (FOPA) but that won't keep him from taking a ride to the jail and having to hire a lawyer to fight for him.
This link gives some insight into FOPA: http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59" onclick="window.open(this.href);return false;

[Jumping Frog]

Some try to say that he's covered by the federal Firearms Owners Protection Act (FOPA)

If the consignee is someplace like IL, NY, NJ, MA, MD, then that is the destination. FOPA would not apply.

[2farnorth]

Some try to say that he's covered by the federal Firearms Owners Protection Act (FOPA)

If the consignee is someplace like IL, NY, NJ, MA, MD, then that is the destination. FOPA would not apply.

Oh, I agree, but some out there don't. They try to say the destination is always back to your home location (ie round trip) but that doesn't follow the "intent" of the law

[JCole]

I don't have much to add except that using wasp spray instead of OC sounds like a pretty bad idea. It isn't designed for use on humans, it may or may not be effective for that purpose, and it says on the side "It is a violation of Federal law to use this product in a manner inconsistent with its labeling."

[boba]

Use bug spray if the BG bugs you?

[Liberty]

I don't have much to add except that using wasp spray instead of OC sounds like a pretty bad idea. It isn't designed for use on humans, it may or may not be effective for that purpose, and it says on the side "It is a violation of Federal law to use this product in a manner inconsistent with its labeling."

In the context that was suggested ( that a gun and Pepper Spray were illegal) It may be the best choice out of the poor alternatives. Taking chances with getting close and personal with evil road warriors wouldn't ever be my choice. A driver isn't likely to get hassled over having bug spray in cab by the local LEOs, not even in New Jersey.

[trlrider]

I am pretty sure I know which outfit the OP is referring to! Yes, they have a no firearm policy, and yes, it they will enforce it! Regular searches of the power units are authorized under the employment agreement, and they will do so when the unit is in the yard. I know, they searched my truck, well, unless I had left my guard dog in the truck while it was on the staging line. None of the mechanics or supervisors would go near the truck when she was in there. I ran on their lease division while there, and entry into my unit without prior permission was pretty much taboo!

That carrier does go to Canada, although the average driver may never see a trip across the border, and, at the same time, they have the option to asked their fleet manager to re-power the load, for personal reasons not wanting to cross the border. This should be made clear with his/her fleet manager before such a situation should arise.

Now, for the kicker! The reasoning behind the no firearms/weapons policy, is not so much because of liability, or anti-gun issues, it is because many loads carried by this, and several other carriers can be either picked up, or delivered to locations under Federal Authority. Ports, Military Facilities, International Trade Zones and other governmental facilities. All of these facilities prohibit firearms, and not friendly at all, when either the dogs, or other electronics means picks up explosives (i.e. gunpowder). So, in order to prevent dispatch and routing issues, it is policy, to not allow any driver to carry a firearm.

During my tenor with this large carrier, probably 50% of my loads were delivered to facilities controlled under Federal or International Port laws.
I had other means for self protection while on the road, including a well trained Australian Shepherd.

Another trick for Canada, knifes larger than a standard pocket knife, throwing knifes and stars, and any several other weapons can and will land you in jail. As I remember, any adult related material (magazines, pictures and videos) are also illegal to transport across the Canadian/US border!

I know longer run interstate, but pretty much local, but, my current employer and activities revolve around Oil Field well sites and production facilities, thus, am not allow to carry firearms in my truck, regardless of my CHL status!

[cbunt1]

I love the wasp spray idea. While maybe not as effective as OC in certain situations, all these techniques wille ever buy you is a few seconds to "change the rules," and a can of hornet spray will certainly do that. And it's more than legitimate to have a can or two on board an OTR rig. I can't tell you how many empty trailers I've picked up over the years that were infested with wasps, hornets, roaches, ants, etc. from sitting on the yard unattended and unbothered.

I had forgotten the Canadian restrictions on "adult" material, but yes, that is true--or at least it was the last time I went into Canada (around 2005).

I no longer drive, and now work for a major financial institution, but OTR and Hot-Shot work was/is a fallback career for me, and has served well in times of difficult job markets.

As I said, the biggest problems I ever encountered were in the truck stops themselves, and then exclusively in the parking lots--so the walk between the truck and the shower was always the most uncomfortable for me. The shippers and receivers are usually well protected, just from the aspect of the value of the equipment and freight. If you're carrying referigated goods, you'll be faced with "lumpers," which are sometimes just local winos trying to make a few bucks...some of them can get pretty rough, but most are generally harmless, and are looking for "soft" targets, if they're looking for anything crooked at all. Again, most are actually looking to earn their mad-dog money :)

It will undoubtedly be a good experience for your SIL/Future SIL. I learned things about people, business, manufacturing, and industry from the cab of a truck that I would have never learned anywyere else. I've gotten fascinating tours of facilities and operations--it's amazing the knowledge that shippers and receivers will share with you if you show an interest in their work and products!

[speedsix]

http://askthetrucker.com/cdl-truck-driv ... ying-guns/" onclick="window.open(this.href);return false; worthy of consideration...