OTR Truck Driver ?

[Indynic]

Are there any specific limitations to carrying that effect OTR Commercial Truck drivers that wouldn't otherwise effect someone traveling in a non-commercial vehicle?

For example, as an IN resident traveling through IL with an LTCH, its my understanding based on the way the IL law is written, that you can have your firearm in the car, loaded, out of plain sight.

Is there a different set of laws that apply to an OTR driver?

Thanks in advance for your insight.

 

[patience0830]

As a trucker you are subject to wharever state's laws that you happen to be in.
FMCSA REGS do not mention firearms.

 

[Drail]

Unless it has changed in the last few years there is no law that prohibits commercial drivers from carrying BUT most of the companies they work for forbid it. I always carried on the road but I met a lot of other drivers that swore it was against the law. Never could quote the law though. The problem comes if you must drive your truck onto almost any Federal facility, port or military base. You are usually searched going in.

 

[Bigtanker]

The only thing to watch out for as drail stated above is ports and Fed property. If you run a dedicated route you'll be fine. Just follow the laws per the state you're in.

There is absolutely nothing in the regs that prohibit it.

 

[rhino]

This used to arise on GlockTalk frequently. Someone would assert that DOT or some other three letter agency prohibited guns in trucks, but they could never cite a source (because it didn't exist). It's virtually impossible to convince someone who already believes this particular myth to even consider that they might be wrong.

 

[numbaonecoltsfan]

I happen to know of an owner/operator that travels the country with quite an arsenal. He stays well up to speed on all the local laws.

 

[HKUSP]

It's annoying to try to research this issue simply because if you go looking for the "law" in question, you can't find what doesn't exist. I've had the same silly conversation with other drivers. One tried to say that the American Trucking Association bars drivers from carrying. I told him there's a huge difference between policy and actual laws. I don't answer to or work for the ATA so they can keep their suggestions to themselves. Few things are harder to kill than rumors in transportation. Carry on.

Chris

 

[sidewinder27]

Me and a fellow driver had this discussion with our boss one day. So we pulled out the little FMCA law book. It said that you had to follow the laws of the state you were in. My boss still didn't believe us.

 

[24Carat]

I'm curious how a sleeper tractor could impact the discussion as I recall being convinced at one time that a domicile carried a distinct consideration. At least in some jurisdictions.

 

[rhino]

I'm curious how a sleeper tractor could impact the discussion as I recall being convinced at one time that a domicile carried a distinct consideration. At least in some jurisdictions.

Some laws use language akin to "fixed place of residence."

 

[GlockDoc]

One would think,that an OTR driver, could assert that their tractor was their permanent place of residence. Furthermore, insisting that they have the constitutionally protected right to have a firearm in their home.

 

[CountryBoy19]

One would think,that an OTR driver, could assert that their tractor was their permanent place of residence. Furthermore, insisting that they have the constitutionally protected right to have a firearm in their home.

That all hinges on the exact language in the law. As evidenced just above your post, Rhino says most laws use a language similar to "fixed place of residence". I think a trucker would have a hard time arguing in court that his truck is "fixed".

 

[Tactically Fat]

In the instances of the sleeper tractors, I'd think that the "motor home" laws would be more applicable.

Some states allow loaded firearms within motor homes to be akin to having them in your own home. Some states forbid it; some don't.

 

[sidewinder27]

I'm curious how a sleeper tractor could impact the discussion as I recall being convinced at one time that a domicile carried a distinct consideration. At least in some jurisdictions.

I think the only ones that could be considered homes are the super condos. They have a bathroom, shower, and full kitchen in them.

 

[Reverend Dreed]

I always kept a revolver in the sleeper berth when I drove. Many companies frown on it though. They never knew I was armed as I kept that little bit of info private. Had to hide it really well one time as dispatch sent me in Canada to pick up a loaded trailer. They looked around in my truck but were not able to find it, nervous day for me.

 

[patience0830]

In the instances of the sleeper tractors, I'd think that the "motor home" laws would be more applicable.

Some states allow loaded firearms within motor homes to be akin to having them in your own home. Some states forbid it; some don't.

Please cite code for your assertions. Do not espouse what you think you know as fact. Please.

No offense intended. Trying to keep this useful.

 

[CountryBoy19]

Please cite code for your assertions. Do not espouse what you think you know as fact. Please.

No offense intended. Trying to keep this useful.

??

What is your point here? Do you think semi trucks with sleepers wouldn't qualify as being most similar to a motorhome (mobile home that travels on the highways)? Or are you trying to say that his assertion that some states treat motorhomes the same as having them in your own home?

For the former, I doubt there is any specific codes; it would be more up to case law, and I think the burden would be on you to provide case-law that goes contrary to the assertion that a semi-truck with a sleeper is most similar to a motorhome (mobile living quarters).

For the latter, that is simple, you can do the legwork on that one, go to handgunlaw.us In each of their publications for each state they state if vehicles and/or motorhomes are treated similar to a fixed place of residence. No need for TF to go through the arduous process of researching legal codes; the info is already in the public domain, all at the very same website.

 

[Tactically Fat]

Please cite code for your assertions. Do not espouse what you think you know as fact. Please.

No offense intended. Trying to keep this useful.

Dude.

I'm not asserting anything. "I'd THINK" that the "motor home" laws would be more applicable."

Indiana:
You can not carry a loaded handgun in any vehicle without a Valid Permit/License.
IC 35-47-2-1 Carrying a Handgun Without A License or By a Person Convicted of Domestic Battery; Exceptions
Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun. (b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if: (3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is: (A) unloaded; (B) not readily accessible; and (C) secured in a case; (4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is: (A) unloaded; (B) not readily accessible; and (C) secured in a case;

Georgia:
§ 16-11-126. Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions
(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner. (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded.

My thinking was that someone traveling the country in an OTR rig MAY be similar to someone traveling the country in a motor home. SOME states treat motor homes differently than others. Shocker.

Relax, dude. Relax.

 

[PGRChaplain]

The License Plate separates Commericial Vehicles from RV's. A Semi Tractor used to pull a Race Car Trailer can be plated as an RV (private Carrier) for example. A SemiTractor used in Commerce is always a Commercial Vehicle.