Carry in Commercial Vehicle?

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rdavis
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Carry in Commercial Vehicle?

Post by rdavis »

Hi, I'm kinda new to the forum, and was wondering if anybody else has ever researched the legality of carrying in a commercial truck. I am a driver and have refrained from carrying in my truck because I am not clear on the law. I was under the impression that the federal authorities shifted the enforcement of such laws to the states. However I can find no verification of this. I also travel through many states in a weeks time including some that do not recognize my OH CCW. If anybody knows of a good source for this information I would be most grateful.
Thanks in advance.
rouger10
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Re: Carry in Commercial Vehicle?

Post by rouger10 »

rdavis wrote:Hi, I'm kinda new to the forum, and was wondering if anybody else has ever researched the legality of carrying in a commercial truck. I am a driver and have refrained from carrying in my truck because I am not clear on the law. I was under the impression that the federal authorities shifted the enforcement of such laws to the states. However I can find no verification of this. I also travel through many states in a weeks time including some that do not recognize my OH CCW. If anybody knows of a good source for this information I would be most grateful.
Thanks in advance.
Welcome to the forum.

Try this link
http://www.handgunlaw.us/
EdK
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Commercial

Post by EdK »

IANAL, but this`question comes up now and then on the XM Radio trucker shows. The answer seems to be, NOT ALLOWED TO CARRY. The reason is commercial vehicles fall under DOT rules, which prohibit some things that non-commercial laws allow. One good example is radar detectors are not allowed in commercial vehicles even if legal in a given state.
EdK
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Post by NavyChief »

Searches for "weapon" "firearm" and "gun" under "All Regulations" on the Federal Motor Carrier Safety Administration (DoT) revealed - nada. Nuthin'. Zilch. This is not say there isn't something, somewhere - but it's not readily apparent.
Total repeal of ALL firearms/weapons laws at the local, state and federal levels. Period. Wipe the slate clean.
Cruiser
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Post by Cruiser »

I was in on a conversation on another Forum awhile back. I understood the confusion was between "Interstate transportation" of firearms and the carrying of firearms. Not being the same thing and highly misunderstood.
I +1 on the Chief.
Last edited by Cruiser on Fri Aug 25, 2006 5:15 pm, edited 1 time in total.
delta5
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Post by delta5 »

It looks like the rules concerning guns in the FMCSR rulebook have been removed. I understand that the Ohio DOT inspectors get all bent out of shape when they find out you have a permit. I was told they even call your company to let them know you have a permit. I think that is out of line. If it isnt against state law or federal law now, its really none of their business.
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MichaelH
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Re: Carry in Commercial Vehicle?

Post by MichaelH »

rdavis wrote:Hi, I'm kinda new to the forum, and was wondering if anybody else has ever researched the legality of carrying in a commercial truck. I am a driver and have refrained from carrying in my truck because I am not clear on the law. I was under the impression that the federal authorities shifted the enforcement of such laws to the states. However I can find no verification of this. I also travel through many states in a weeks time including some that do not recognize my OH CCW. If anybody knows of a good source for this information I would be most grateful.
Thanks in advance.
I asked an Ohio State trooper about two months ago while I was at a scale house in Findlay Ohio (mile marker 163 south bound on 75) and he told me I could carry a firearm as long as I was licensed, but I had to follow the laws of the state that I was in. So in Ohio it would have to be on me in clear site. So when ever I crossed state lines I’d have to know what that state law was regarding the concealed carry laws. That also means that I couldn’t enter the scale house building with it so I’d have to lock it up. Most companies won’t let you bring a weapon to work any way, so it is a big no for me.
EdK
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PUCO Question

Post by EdK »

I wrote an e-mail to Ohio PUCO asking the commercial carry question and will post the reply here.
EdK
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EdK
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Not my job

Post by EdK »

Finally heard from PUCO:

"The FMCSR’s do not address firearms. This is
enforced by law enforcement officers in the
individual states since they all have different laws
pertaining to firearms. For additional information
relative to such laws in Ohio I would contact the
Ohio State Highway Patrol Licensing and Commercial
Standards Division (OSHP/LCS) at 614-466-3682.

Alan Martin
Deputy Director, Transportation Department
Public Utilities Commission of Ohio"



Mom never said life was easy!
EdK
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EdK
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Final Answer

Post by EdK »

I e-mailed the Patrol... here's the final answer:



Question/Comment: This is directed to the Ohio State
Highway Patrol Licensing and Commercial Standards Division (OSHP/LCS):

Is it legal in Ohio to carry a loaded handgun in a COMMERCIAL vehicle
if the driver is in possession of a valid Ohio Concealed Carry License?


RESPONSE:
"In Ohio, it is legal to carry a handgun in a commercial vehicle if you
are in compliance with all the Ohio Concealed Carry License laws." ( From John Boster.)

From this, my guess is the states and employers regulate carry. :D
EdK
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willbird
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Post by willbird »

My wife is a dispatcher by trade, she told me that several employers have told her that they cannot prohibit a driver from having a firearm or other weapon in the truck because it has a sleeper, and said sleeper is the drivers domicile while he is on the road.

FWIW that is worth nada, but still interesting :-)


Bill
rdavis
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Post by rdavis »

Well, some of you have confirmed my suspicions about being legal in OH. I guess that we would just have to be up on all laws of all states and localities to not wind up in hot water in the wrong area. Just cant wait till the gov. wises up and devises a national license. Thanks for all the help and I'll keep digging.
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Post by TunnelRat »

rdavis wrote: Just cant wait till the gov. wises up and devises a national license.
Unfortunately, the gov. has no authority to devise a national license. The only ones who can do that are our friends in the federal House and Senate.

Ask yourself: Do you really want Chuck Schumer, Ted Kennedy, Barbara Boxer, and Diane Feinstein to have a say in how or whether you may own or carry a firearm...?
TunnelRat

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Re: Carry in Commercial Vehicle?

Post by Gramps »

I know this is an old thread but what are the laws in Ohio now?
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JustaShooter
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Re: Carry in Commercial Vehicle?

Post by JustaShooter »

No change - that is, there are no Ohio laws specifically dealing with carry in a commercial vehicle. Normal carry laws apply, and of course any employer rules.
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