Thread: can I conceal carry in my dump truck?

well said rolandson....while there is a ton of useful information on the internet, and ton of helpful people on chat forums - there is just as much bad information and idiots. forums are a great place to talk and trade, even to learn - but some things are a little risky. If it did end up being against the law, do you think " they told me it was ok online" would be a good defense - not to mention the negative attention it would draw to this site (I'm sure there is already plenty of that though lol).

You don't have to consult with and pay a lawyer, you can always do your own research. Just don't expect us to be telling you anything but our opinions on here lol....

If you do a google search for comercial trucks concealed carry you will see this is a very heated debate. There is a prominant belief that you can not CC in a CMV; however, I've never see anyone actually cite a law that prevents it; therefore I believe it is a myth (YMMV). If you are legal to carry in the state you are driving in then being in a CMV doesn't change that.

This is my position as well. I am concerned by how many people say you can't carry based entirely on something they heard somewhere!

I will send the US Dot a email and see what they say. Will Let you know if I get a reply.

I have a friend that carried all the time in a transfer dump. And Evan has had to pull it,and the cops that showed up after the fact did not take his gun or say anything, except that if he hadn't of had the gun those SOB'S would have cut him...

Title 18 Setcion 926(a). The peacable journey law.

TITLE 18–CRIMES AND CRIMINAL PROCEDURE

PART I–CRIMES

CHAPTER 44–FIREARMS

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver’s
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.

Only the state legislature can regulate concealed carry within the state.......... (.) (period)

T_H

Originally Posted by Mark W.

Title 18 Setcion 926(a). The peacable journey law.

TITLE 18–CRIMES AND CRIMINAL PROCEDURE

PART I–CRIMES

CHAPTER 44–FIREARMS

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver’s
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.

All that say is it can be transported unloaded and out of reach, says nothing about concealed carry.

They can regulate the vehicles, and the standards for obtaining a CDL - but they can't prohibit you from exercising a constitutional right. You can be barred from entering certain facilities with a firearm (military installations, etc) but they don't have the authority to tell you you may not have a weapon with you while driving a CMV.

Originally Posted by John H

All that say is it can be transported unloaded and out of reach, says nothing about concealed carry.

THATS the point. This is the only thing in Federal DOT regs that pretains to carrying a firearm in a truck (it is talking about interstate travel) Federal law does not say anything about concealed carry. That is under the State Law.

Ok so if we cannot find a law against carrying in CMVs I will continue carrying until someone can PROVE otherwise. Thanks for all the info and advice.

Originally Posted by waldow777

I am concerned by how many people say you can't carry based entirely on something they heard somewhere!

Probably about the same as the number of people who say one can.

Without a definitive legal authority to back up the opinion, it's just a guess.

You have two completely separate bodies of legislation to research: that which extends to concealed weapons and that which extends to your commercial license. If you are comfortable with the results of that research, knock yourself out...however if not...?

You decide if it is worth the risk to take the word of some kid sitting in front of a computer in his mother's basement, it's your license.

If it were my livelihood I'd pay the couple hundred tax deductible bucks to a lawyer to find out. If the lawyer is wrong...well that's what malpractice insurance is all about.

There is NO federal law or regulation anywhere saying that you cannot carry a weapon in a commercial vehicle. It is a myth perpetuated by the trucking companies to try and fool their drivers(of which far too many are dumb as a box of rocks and will believe almost anything they are told). And it is then of course repeated by all those drivers to other drivers, and so on, and everyone thinks it's real. As long as you have your carry permit, it's all good. Just watch out for company policies and restrictions at any facilities you may visit - but in the end, unless it's a place prohibited under state or federal law, or they have metal detectors at the entrance, concealed means concealed. As a fuel tanker driver for several years, I ALWAYS carried. For a while it was a snubby 38 in an ankle holster, then a G19 IWB, and in the summer a Sig P238 IWB since I needed to keep a low profile(fuel terminals almost always have signs stating no weapons - one even has a sign stating no explosives, not sure WHO would take explosives there, but it's on the sign). So if you're local, go for it as long as you have the permit for the states you will be driving through. Since we only did OR/WA, I was good to go with permits from both states. Only 3 other people ever knew I was carrying, and one of those I talked into getting a CCW and he started carrying a snubby 38 too. This was especially nice during the price spikes... And I came damn near to walking over and beating the crap out of one guy making "jokes" about hijacking the truck.

Now, if you are OTR and never know where you are going next, or know you will be spending time in unfriendly states, THEN you have problems. That said, I never had anyone actually search the interior of my truck when I was OTR. DOT guys are more worried about checking your brake adjustments and permits, and ICE just wants to make sure no mexicans are hitching a ride out of Laredo - the only place you have a high risk of capture is if you use it, or if you hit the international borders(I only crossed into Canada a few times, and the number of trucks that get the X-ray treatment are low - but you never know what Customs is going to do, or how bad a mood they might be in that day - not to mention foreign laws regarding guns are pretty nasty, if you get caught it's going to be ROUGH. I never carried a gun when I was OTR, just knives - and I unknowingly violated enough state laws from buying ammo at Cabelas and carrying them around the country a while until I got back home anyway lol(MA has some asswipe laws regarding ammo))

Ok, I guess I was wrong big time, sorry for the bad information.

OK, got a email form the US DOT stating it is a state issue.

Also got a email from the WA State Patrol,

William.Balcom@wsp.wa.gov

Feb 9 (5 days ago)

to me, equipment
Has long as you have proper permits for Washington you can carry the firearm. However, once you cross state lines you will need to comply with that state's requirements.

CVEO 4 William Balcom
WSP Commercial Vehicle Division
Program Manager
(360) 596-3807

-----Original Message-----
From: Equipment
Sent: Monday, February 06, 2012 9:19 AM
To: Balcom, William (WSP)
Subject: FW: Concerning Firearms in CMV

Bill, can you help me with this one?

Melissa Van Gorkom
Washington State Patrol
Government and Media Relations
(360) 596-4017
Micro 12 Ext 11017