TexasCHLforum.com

Are there any laws against carrying your gun with a CDL. I have a CHL student that was told with the CDL she could not carry.

mommagamber wrote:Are there any laws against carrying your gun with a CDL. I have a CHL student that was told with the CDL she could not carry.

Sorry, I am a foreigner, what is a CDL?

Schleprock wrote:

WildBill wrote:

mommagamber wrote:Are there any laws against carrying your gun with a CDL. I have a CHL student that was told with the CDL she could not carry.

What is a CDL?

A Commercial Driving License (think bus and semi-tractor).

Thanks. I have never read any CHL laws mention a commercial drivers license. IANAL, but I don't believe that is true. It may be a company policy against drivers carrying handguns or weapons in a company vehicle, but it is not the law.

I have never been able to find anything, additionally I think Tom Gresham (GunTalk Radio) has stated that there are no such laws/regs. I do know that some/most/all? truck driving schools teach that it is illegal, but not 100% sure why they teach it (I suspect that their sponsors, the trucking companies, don't want the drivers armed).

G.A. Heath wrote:I have never been able to find anything, additionally I think Tom Gresham (GunTalk Radio) has stated that there are no such laws/regs. I do know that some/most/all? truck driving schools teach that it is illegal, but not 100% sure why they teach it (I suspect that their sponsors, the trucking companies, don't want the drivers armed).

As a podcaster I feel I should also point out that there is a firearms and Trucking podcast out there. I have no contact with the host, don't know him, and have never spoken to him in my life (to my knowledge) but he has a good show and I recommend that you look it up and possibly contact him. His show is the RoadGunner Podcast.

Schleprock wrote:It would seem that if there were ever an scenario more ideal for legal carry, it would be the rolling domicile on the open road that is over-the-road trucking. The driver works and sleeps in the truck and is in some part, responsible for the equipment and merchandise loaded.

I would bet that the percentage of professional truck drivers who have CHLs and carry regularly is higher than most.

It sounds like one of those things somebody heard from a self-styled expert and repeated without checking to spread the ignorance.

As someone in the industry, let me state as fact that there are no federal DOT regulations prohibiting being armed in a Commercial Motor Vehicle. It does not matter what the cargo is, and Hazmat cargo is immaterial.

Remember the driver must follow state laws in every state being driven (or transport in compliance with FOPA Safe Passage rules in intervening states).

For anyone who doubts this, it is easy enough to google "FMCSA Regulations" and do a regulation search for the word "firearm". Ten minutes will show you it is not against regulations.

http://www.fmcsa.dot.gov/rules-regulati ... guide.aspx" onclick="window.open(this.href);return false;

Keeping in mind an over-the road driver who stays out for 4 to 6 weeks at a time hauling general freight usually does not know where their destinations will be a week or more into the future, here are the biggest pitfalls I warn that kind of driver about:

• A driver could be on a load and find the consignee is properly 30.06 posted. Now, he cannot deliver the freight and remain legal. For example, a consignee within the secure area of an airport.
• A driver could find themselves assigned to a load with freight going to Chicago, California, New York, Maryland, etc. Now the driver is out on the road without options and facing felony risk.
• A driver can find themselves delivering to a federal facility. Same problem. (I had one driver arrested at the Red River Army Depot near Texarkana after a truck search found a pistol). Some military bases allow a driver to check their gun at the base armory or have other base rules in place to deal with firearms. It varies by base and you need to check ahead of time so you are not arriving on base while armed with no clue.
• Remember that FOPA Safe Passage is only an option when you are legally allowed to carry to possess the firearm in the state you start in and in the state you finish. If your trip concludes in one of the "problem" states, you are not protected under FOPA Safe Passage. The consignee on a bill of lading would specify the destination and state.

Basically, you are good to go as long as your consignee is not posted, you are not delivering to federal facilities, and you are not loading or unloading freight in one of the "hostile" states (CA, NY, IL, MA, CT, NJ, MD, etc.).

A short haul driver going on a regular delivery route where they travel the same stops every week is a lot easier to manage the risks, as compared to long haul drivers.

It is true that many trucking companies place restrictions on drivers. For example, employee drivers not allowed as a condition of employment or independent contractors not allowed via contract. However, these restrictions typically mean someone can be fired and lose their job but it typically does not mean it would be a criminal offense. However, there are also many trucking companies where the attorney's had them implement those policies but the everyday line management is in "wink, wink, don't ask, don't tell" mode.

If I was a truck driver, I would carry everyday.

Jumping Frog wrote:As someone in the industry, let me state as fact ...

Thanks for the post. Great information.

Y'all are awesome! Thanks for the info!

I retired from trucking 2 years ago this month. Every company that I drove for had policies stating no weapons/firearms on premises (including their parking lot) or in the trucks. Much of this is because many of their customers required it. I only ever saw one person caught in violation of this policy. He was fired and then escorted off property by local police.

I mostly did not carry because I was constantly picking up or delivering to places that had no firearms policies and some were secured (TI) or federal facilities subject to search. I also had to go into Canada. There were many places that I would have slept better if I'd of had my gun, but fortunately never really needed it. I've known several drivers that carried but they were mostly owner operators that could turn down a load going to or from a weapons prohibited location.

My brother carried back in the 50s to 80s. One night, while sleeping, he felt some one step onto the truck step. My brother got up out of the bunk with gun in hand and saw a guy reaching back ready to smash the window with a tire iron. The sight of the little chrome .25 changed his mind and he dropped down sprinting off.

As Jumping Frog said there is no federal regulation/law prohibiting carry (yet) even though I know many driving schools do teach that there is. If you do carry you have to weigh the risks and decide what's in your best interest.