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Is this legal? (Concealed in a commercial vehicle)

Discussion in 'Legal & Political Archive' started by CodyBMW, Jun 29, 2011.

  1. CodyBMW

    CodyBMW Gresham, OR New Member

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    I've heard/read it's illegal to carry a gun of any kind in a commercial semi truck, but TYPICALLY those drivers are crossing state lines.

    If I have a valid Oregon concealed handgun license and I never drive my semi out of state would it be legal to carry while in the truck?

    I ask because some laws regarding class A vehicles only apply if you're outside your home state. (Such as needing to be 21 years old to drive in other states but only 18 in state.)
  2. drew

    drew OR Well-Known Member

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    I'm almost positive its legal. There's nothing I've read in the ORS that denies this right in a truck. I'd recommend Understanding Oregon's Gun Laws which I have at home: http://oregonfirearms.org/store/uorlbk.html

    If I were home, I'd have looked through it when responding.
  3. Bookite03

    Bookite03 Aumsville, OR Member

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    Are you an Owner/Operator? If not check with the Company Policy Manual with the company you work for or whoever owns the truck you are driving. I would think it would be fine as long as you do not leave the state.
    The company I used tow work for had a policy of no weapons/firearms allowed on company property, this included the truck i drove because it was owned by the company I worked for.
    Hope this helps!
  4. Mason3379

    Mason3379 Oregon City Active Member

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    I know for a FACT it IS legal in Oregon if you are legally allowed to carry a firearm. I myself drive and have checked into the fact and actually asked an officer who pulled me over while I was packing in a commercial vehicle. As long as YOU can legally be in possession of a firearm you are okay. I have also spoken to a friend who is a DOT officer and he checked with the state of Oregon, also confirming it is legal. You may want to check into it yourself so you are not taking a complete strangers word. But that is what I have for you.

    Good luck!
  5. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    This seems like the WORST way to check on the laws -- while pulled over and while carrying.
  6. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Disclaimer; at best I'm an armchair lawyer that just enjoys this kind of question and I'm decent to good with google. YMMV

    I cannot find any reference to weapons or firearms in ORS 801 (general), 823 (carrier) or 825 (motor carrier). The only reference I can find in any federal law talks about the 'peacable journey law' that a> talks about interstate travel and b> states as long as you aren't breaking local law you are fine. Since your CHL over rules any local ordinance my take is you are legal to carry in OR with a CHL. In theory a UT permit would cover you in any state that permit is valid.

    This seems to be fairly hotly debated issue. Several places state it is illegal for truckers to carry guns but near as I can see nobody can actually cite a law. Even USAToday didn't have a source for the law. If such a law exists it would be in the state motor carrier code.

    That said; it is almost certainly a violation of company policy and could be grounds for termination but I don't think you are breaking the law.

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




    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.
  7. Mason3379

    Mason3379 Oregon City Active Member

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    Just to be clear, I had called, and done other research to be sure before this incident. Thanks for asking! The officer asked why I had it in the truck, I explained, asked if the information I had was correct. He assured me it was FOR OREGON (I am a CHL HOLDER) and I was on my way.
  8. phathom

    phathom Vancouver, WA Member

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    Unless your an owner operator, it is probably against company policy, but then again, it's up to you to evaluate the risk of it.

    1: How likely is it they would find out
    2: In the even they did find out, how likely is it they would fire you over it
    3: Is it worth the piece of mind, being able to defend yourself when you are out by yourself in the middle of nowhere vs the piece of mind that they you wouldn't have to worry about your job if you weren't to carry it.

    1: I won't say what I do for work, but several of us carry regardless of company policy.
    2: With the type of job I have, I have described it to others, and every single person thinks it should be allowed if not mandatory that everyone carry some sort of self defense tool (taser, gun, OC, etc) because of the type of job and the high risk involved.
    3: I carry there, because I and many others have had guns pulled on us on the job, most of the time being either robbed, coerced into doing something against our will, or able to talk our way out of it, and in every case, the company doesn't care one bit and "highly discourages" any reports be made to law enforcement if the trigger wasn't pulled. I myself was lucky and able to talk my way out of it.