Carrying a personal weapon in a CMV
The legality of transporting a weapon for personal protection in a commercial motor vehicle (CMV) has long been a source of confusion for truckers.
The Federal Motor Carrier Safety Regulations do not address carrying a weapon in a CMV or on the driver’s person. Instead, the laws that must be followed by the commercial driver are the same as those that must be followed by the general public.
Differences between states
Since other states may not accept a home state’s gun license — and there is not national reciprocity — drivers who wish to take along a personal firearm must check whether the states in which they travel:
- Have a concealed-carry law,
- Accept another state’s concealed-carry permit, and
- Have any concealed-carry differences from their home state’s allowances.
Also note that possession of other weapons (e.g., knife, bat, club) might be a state or municipal criminal offense. Mace may also be considered a weapon based on jurisdiction and is restricted to some extent in all states.
Crossing into Canada with a gun
Crossing the Canadian border with a gun is much different than traveling through different states.
First, the U. S. Department of State requires travelers to file Electronic Export Information for temporary export of personally owned firearms. Travelers must use the Automated Export System prior to departing the United States so the gun can re-enter the United States. Individuals must complete CBP Form 4457, a form used when U.S. travelers take personal effects abroad. If taking ammunition, and there is a possibility it will not be used while outside the United States, it must be re-imported along with the gun using CBP Form 4457.
Next, travelers must declare firearms to the Canada Border Services Agency (CBSA). Visitors must have necessary documents available for border agents, and the weapon must be stored and transported properly. In addition, visitors need to be aware that Canadian law prohibits more than 1,500 models of assault-style firearms.
If a driver arrives at the Canadian border with an undeclared firearm, the following consequences can occur:
- Significant delay at the border
- Fines
- Criminal charges
- Confiscation of the undeclared gun
- A ban on the driver from returning to Canada
Anyone wishing to enter Canada with a firearm should compete the Non-Resident Firearms Declaration form before arriving at the border. The form should not be signed prior to reaching Canada because a CBSA customs officer must witness the gun owner’s signature. The Declaration is considered a temporary license that is valid for 60 days. A fee of $25 is charged to the traveler for this temporary permit. The Declaration can be renewed for free before it expires.
Re-entering the United States with a gun
There is a similar process when re-entering the United States with a previously exported firearm. Upon returning to the United States, a traveler must make a regular declaration regarding the personal effects and goods that they are carrying and ensure that they declare any firearm and ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations allow for the use of the CBP Form 4457 upon re-importation, and does not require an approved import permit, provided that CBP is satisfied that the firearm was previously exported from the United States and is now being returned.
Create a company policy on weapons
The hot topic of gun ownership and concealed-carry laws may be an opportunity for motor carriers to weigh the pros and cons of allowing their commercial drivers to carry a weapon where permissible.
Carriers may need to speak with their insurance provider and/or an attorney as it comes to a decision.
In addition to weapons in CMVs, a policy needs to address:
- Concealed-carry permits at motor carrier facilities, and
- Abiding by a weapons policy at customer locations.
Whichever direction the motor carrier takes, drivers need to know the policy so there is little doubt about the company’s stand on the matter.