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Carrying while driving a CMV with CDL?

Discussion in 'Legal & Political Archive' started by Modeler, Jun 13, 2013.

  1. Modeler

    Modeler Molalla, Oregon Soccer Fan

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    I recently picked up a part-time job driving a semi-truck (54k GVW) intrastate one or two days a week. Is it legal for me to carry while I'm driving? I know there are some federal regulations that apply, but all my driving is within the state of Oregon. I can't find anything that says it is or isn't legal, does anyone know?
     
  2. 308

    308 ΜOΛΩΝ ΛΑΒΕ ΜOΛΩΝ ΛΑΒΕ Platinum Supporter Silver Supporter

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    Probably should check with your employer. Mine does not allow any of us to carry while driving our company vehicles.
     
  3. Modeler

    Modeler Molalla, Oregon Soccer Fan

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    Right, the company policy will be what it will be; I don't need any help figuring that out ;)

    I'm asking about the legality of carrying.
     
  4. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    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.


    Now in Oregon with a CHL you are allowed to carry a loaded concealed weapon in an automobile.

    So unless your going to ask a lawyer and then believe what they think the law says this is what you have to go on.

    I know that the company I drive for (Construction Dump truck for a Paving company) will terminate for violation of the company rule of no weapons no fighting no drugs no booze etc.
     
  5. Modeler

    Modeler Molalla, Oregon Soccer Fan

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    That's what I found too Mark, but that applied to Interstate transportation; my job is Intrastate. Not sure if it applies to Intrastate.
     
  6. Don H

    Don H Oregon Well-Known Member

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    There is no federal law regarding carrying when you are a commercial truck driver. The same rules that apply to ordinary drivers apply to commercial drivers. If you are driving intrastate then you just follow the law of that state. So, for Oregon, it's the same law that applies when you are driving to the mall. For interstate, the only thing to be concerned with are the same things you would normally encounter moving across state borders: laws changes and your permit may not be recognized.

    There are a lot of commercial trucking companies that will tell you that it is against the law when, in fact, it is just against their policy. Now, I am not a trucker, however this subject has been beat to death on Tom Gresham's Gun Talk http://www.guntalk.com/. If you want to be double sure, contact the Oregon State Police - Firearms Unit.
     
    Last edited: Jun 13, 2013
    xd45acp and (deleted member) like this.
  7. BryanMunson

    BryanMunson United States, Albany, OR Member

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    Doesn't mean its illegal. Might be against company policy but it is on the employer to make sure that is effectively communicated. As for driving a commercial vehicle there are no state laws that prohibit it. Kevin Starret has a great book about Oregon gun laws, with the gun laws in it. As for federal regulations there are none there either, IIRC there is a national radio show host, Tom Gresham?, that is offering $$$ for anyone that can show him the reg.
     
    bcdon and (deleted member) like this.
  8. Don H

    Don H Oregon Well-Known Member

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    Yeah, that would be Tom Gresham's Gun Talk (I mentioned above). As for the reward, I think that was a bet in jest, but, like I said that show -- which is really good and available as a pod cast guntalk.com -- has this question come up all the time. I listen to the archives (up to May 2007) on my commute and hear guys call(ed) in all the time. BTW, it really is a good show and Tom Gresham is a heck of a nice guy.
     
  9. xd45acp

    xd45acp molalla Active Member

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    There is no FMCSR prohibiting carry. Each state has their own provisions and laws. Since you will be in OR only, I would stop off at a DOT scale and ask them about it, specifically the ORS.