Trucker uses leathel force
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m1gunner
US Veteran
The DOT in Ga is convinced there is a federal law against truckers with guns. They will cuff you and tow your rig.
Mickey D
Member
I believe that if the Commercial vehicle has a sleeper, it's considered a residence which is legal to have a firearm, at least in CA. Same as a motorhome or a campsite.
I know more than one state motor carrier officer who knows their stuff, and they have no problem with truckers who have CCW's carrying. I'd love to see the Federal or DOT laws/regs that say otherwise. If there was a law against it, they'd be tossing trucks and looking for dope left and right. I'd bet a buck and a beer that there is no federal law or DOT regulation against it.
ParadiseRoad
Member
...also depends on who the vehicle is registered to. Vehicles owned by and registered to the driver are privately owned vehicles and the driver maintains his right against illegal search and seizure just like in a privately owned car. Corporations don't have Bill of Rights protection and vehicles registered to corporations are subject to search at any authority's whim. I own a CDL vehicle registered in my name and have had DOT and LEOs confirm with me verbally that it is indeed a privately owned vehicle before they let me go. No cab search has ever been done on my vehicle for this reason.
truckemup97
Member
That is my understanding, too, and I have done quite a bit of research on the subject.
As for dispatchers/owners telling drivers guns/knives are illegal in commercial vehicles, some is just ignorance and some is a white lie. The white lie is told so that they a) don't have to tell you that THEY don't allow weapons in their vehicles or b) so that they can send you to Canada, where all that stuff is illegal for everyone, not just truckers.
ParadiseRoad
Member
...the old adage...it's better to be tried by twelve, than carried by six...also applies here.
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CelticSire
US Veteran
No, they're not. One of two things are needed to legally search a vehicle: 1) Consent; 2) Probable cause. An "authority's whim" is not legal justification to search a vehicle.
norad45
Member
Wrong. The guy was forcibly breaking into an occupied vehicle armed with a rock. That would be a good shoot here in Utah. It wouldn't even make it to a grand jury.
If local officials do charge the driver, I hope that the governor of his home state denies extradition. While it would be unfortunate if he loses his livelyhood over wasting this worthless piece of crap, at least he is alive to find a new line of work. And at 68, maybe he was close to retirement anyway.
truckemup97
Member
CelticSire is correct here, but I think ParadiseRoad's not too far off. He just misunderstands the problem. The problem is that most of the large trucking companies will allow a search of their trucks. All the officer has to do is call the safety officer at the company to get permission. The driver, in most cases, does not own the truck, and unfortunately has no say in whether or not the truck can be searched.
ParadiseRoad
Member
...I've been driving my own truck since 1983, so I was going by personal experience and observation...thanks for straightening me out guys...I'm glad to hear the authorities actually have less power than I thought...that's always a good thing...
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The Highlander
Member
Tennessee is a gun-friendly state, and although Knoxville is a fairly large city with a proportionate number of sheeple, they and the local law enforcement have a pretty good reputation for common sense. While I bet there will be an investigation, I doubt any charges will be brought against the driver. Knoxville is my favorite "large" city, although there are certain areas it is better not to be unless you are in law enforcement, just like any other city. I believe the driver was probably on private property at the time, so if anything, he might be in a little "company" trouble for carrying there.
So I can search a rental car for drugs without probable cause? This opens up a whole new world for me!!! Probably unemployment too.....
Can anyone post any caselaw that says a truck driver doesn't have a reasonable expectation of privacy in the cab of his truck on a traffic stop based on who owns the truck he's driving? If anything, the truck may be subject to search/inspection based on the administrative search exception to the search warrant rule since trucking is a pervasively-regulated business, but I'm still not convinced that the cab is subject to search at the side of the road based on a "whim".
You may also search based on consent of someone who has apparant authority to grant consent. I'd like to see some case law that says the company safety officer has the authority to grant consent over the phone if the driver at the side of the road does not grant consent. It sounds reasonable....but why wouldn't that translate to me calling up AVIS and saying "I have a couple 15 year-old suspected drug dealers in one of your cars. Can I search it?" I don't think that type of consent would fly. So I'm guessing the truck search would have to rely on the "administrative search" exception, and may not fly if it was just a regular road cop on a stop for speeding vs. a motor carrier-trained officer doing an inspection.
lugnut3537
Member
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I just did some searching and it seems that there is no federal law against it. But there is the state,county or city laws that are different everywhere. When I drove gasoline tanker we were prohibited from taking firearms to any of the terminals, but that was their policy. When I drove over the road, my company told us firearms were illegal in the truck. I never questioned it.
If any one should be allowed to carry it should be the truckers. That cab and sleeper is there home. And they get sent to some pretty dangerous areas with their loads.
If any one should be allowed to carry it should be the truckers. That cab and sleeper is there home. And they get sent to some pretty dangerous areas with their loads.
+1 That takes us to the federal CCW issue...
yashua-p
Member
Sorry, I havn't driven OTR in eleven years and things do change, I would have known, however, If it were OK to carry inside a commercial vehicle. Untill September, I could have given you the statuts but after retirement, things things. Even a tire thumper that lookslike a bat or club, may be considered illegal. No documents, just reasonable thoughts.
yashua
yashua
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