Newbie with a question

Discussion in 'General GWL Questions' started by Longshot, Oct 3, 2010.

  1. Longshot

    Longshot New Member

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    Hey all I just found this site and had a question. I drive a semi tractor and have a concealed permit. I carry my handgun with me most of the time it is in a small safe in the sleeper. It is always loaded. Also I own the truck. My question is are there any laws prohibiting this because this is a commercial vehicle. As stated before I own it and it is my place of business.
     
  2. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Carry as you like - There are no federal laws which prohibit your right to carry. Note however that you, of course, still have to be in compliance with any state laws for where your vehicle is at any given moment. Those laws vary state to state.
     

  3. The Math Teacher

    The Math Teacher New Member

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    Longshot,
    Welcome to GPDO!
     
  4. rmodel65

    rmodel65 Yukon Cornelius

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    GA doenst have a concealed permit... its called a Georgia Weapons License it is only a permit to carry period openly or concealed(which you dont need in your own vehicle in GA)

    you can also carry a knife 5 inches or more concealed with the permit knives under that need no permit
     
  5. seereus

    seereus Active Member

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    I thought knifes 5 inch or more could be carried with a permit, however, knifes shorter than 5 inches may be illegal in certain municipalities.
     
  6. oxfat

    oxfat Member

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    Longshot,

    Your Profile doesn't say, however I am assuming you live in Georgia. The owner of this site maintains an excellent "Gun Laws in Plain English" section (click on Gun Laws at the top of the page). Additionally, be sure to research the reciprocity Georgia may have with other states that you drive through. A good web site is http://www.handgunlaw.us.

    Welcome!
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Even though your truck is "your place of business" it doesn't qualify for that exception to the weapons carry license in Georgia law. So you still need your permit. You have one, and I assume it's a Georgia permit. It should be good in Georgia and in many other states that have reciprocity agreements with Georgia, but when in those other states you have to follow their laws about how to carry, where you can't carry, whether you have to tell a cop that you're carrying, etc.

    Watch out for other states where local cities, villages, townships, and counties are allowed to have their own gun laws that may be tighter than the state laws. Tennessee is such a state that allows local regulation of guns. Georgia has preemption.

    The biggest risk you face, I think, is the PERCEPTION that guns are not allowed for CDL drivers in commercial trucks. Plenty of people, including ones who wear badges and have arrest powers, think this is the law. And while you can try to put the burden on them to show you the law that says you can't do something, they might put the burden back on you to show them the law that says you CAN carry in a commercial truck. I'm not aware of a definitive source of such a law. You face a higher risk of being stopped, searched without cause, and having your gun confiscated.
     
  8. CountryGun

    CountryGun New Member

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    Welcome aboard!

    See this thread: viewtopic.php?f=26&t=36952&hilit=truckers

    which includes this letter:

    This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) to the transportation of a loaded personal firearm lawfully carried by a commercial motor vehicle operator while in the performance of his or her duties. Specifically, you ask whether the transportation of
    such a firearm is prohibited by the HMR under the “forbidden explosives†clause in
    § 173.54(f).

    The answer to your question is no. Unless otherwise specified in § 173.54(f), a personal loaded or unloaded firearm lawfully carried by a commercial motor vehicle operator is not considered in commerce and therefore not subject to the HMR. Under this scenario, a commercial motor vehicle operator who carries a personal firearm while in the performance of his or her duties is subject to local or State jurisdiction regarding such matters. This response has been coordinated with the Federal Motor Carrier Safety Administration.

    I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

    Sincerely,



    Hattie L. Mitchell
    Chief, Regulatory Review and Reinvention
    Office of Hazardous Materials Standards

    173.54(f)


    There are no federal laws which restrict truckers, regarding firearms.
     
  9. GAGunOwner

    GAGunOwner Active Member

    Incorrect. It has to be OVER 5 inches.