CDL and CCW

[Roland]

Does anyone have any experience with driving a commercial vehicle and being able to carry a weapon in it. I have a friend who has his CDL and is interested in getting his CCW. We haven't been able to find any info on the leagality of carring a handgun in a commercial vehicle or if having a CCW makes a difference. I have searched the DOT website with no luck. Please help.

[Pat-inCO]

Start with http://www.handgunlaw.us/ to see which states honor which other states permits. Then contact the people that own the trailers he pulls to see if they have an objection. I would then contact DOT (national AND state) to get their opinions.

In all honesty, there are a lot of CDL holders that do carry - - without - a permit.
Not a good idea.

[Bailey Guns]

Originally Posted by Roland

Does anyone have any experience with driving a commercial vehicle and being able to carry a weapon in it. I have a friend who has his CDL and is interested in getting his CCW. We haven't been able to find any info on the leagality of carring a handgun in a commercial vehicle or if having a CCW makes a difference. I have searched the DOT website with no luck. Please help.

I'm unaware of any state statute which would prohibit carrying in a commercial vehicle. That's Colorado, though. Cross state lines and something different may apply. Company policy may - and probably does - prohibit it.

Here's something I just read on the CSSA.org website legal QA page:

A student (NRA Basic Pistol), who is a "over the road trucker" is under the impression that having a handgun, loaded or not, in a commercial vehicle is against the law in colorado.

Your thoughts please.

Thanks.

George H (2-3-2004)

George--

A perusal of the Colorado Traffic Code and other statutory sections pertaining to commercial vehicles reveals no such prohibition. The student may be referring to a company policy against firearms in cabs, but I am not aware of any provision of law that prohibits handguns, or any type of firearm, in commercial vehicles.
The only statute that appears to come even relatively close is sec. 18-9-118 C.R.S., which prohibits carrying firearms in any facility of public transportation without legal authority.

Tony Fabian
President, CSSA

[SigCat]

Due to the controversial topic: "Can CDL Truck Drivers Carry Guns?", I have researched and found the Federal Law that so many are looking for. Read what the actual Federal Law states about this topic to put it to rest, once and for all! Provided by Truth About Trucking....

Can a CDL truck driver legally carry a gun in the truck? This is a very HOT topic! In my previous article, "CDL Truck Drivers Carrying Guns," much controversy was created because nothing could be found anywhere showing any Federal Law stating that it was illegal to carry. I have pointed out that there is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so, as well as policies set forth by the motor carrier. I have found the actual Federal Law revealing the insight on this subject, listed below:

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.

OK...now that we have the Federal Law on this matter, what does it mean? I would say that you could give this to 50 attorneys, and all 50 would interpret it differently! I believe what it is saying, is what I originally wrote in my previous articles....a CDL driver may carry a gun in the truck with him or her, PROVIDING that it does not violate any other STATE law, in which the driver will be passing through. Thus my point again...city, county and state laws may be the prevention for CDL truck drivers to carry guns...

[Anubis]

USC 18-926a concerns unloaded firearms carried inaccessibly. Concealed carry of loaded pistol is unrelated to 18-926a.

I am unaware of any provisions of the DOT driver regulations prohibiting carrying a loaded firearm, so I agree that if someone is traversing states in which his state's CC permit is recognized, he is legal whether doing it privately or in official CDL capacity. Of course licensed carry in a company-owned tractor may be subject to corporate policy, but is OK by federal or state law.

[MADBRAD]

If you are in a company owned vehicle chances are the company has a policy against employees carrying firearms. Unless the firearm is used they dont need to know about. It is kind of like the no weapons on company property.