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Despite popular belief, the Federal Motor Carrier Safety Regulations do not address whether a driver is allowed to carry a firearm or other weapon in a commercial motor vehicle. But that doesn't mean the practice isn't highly regulated at the federal, state, local, and company level.
Scope
Drivers and/or employers should check the laws in each and every state through which they will be transporting a weapon.
Regulatory citations
- None
Key definitions
- None
Summary of requirements
Federal rules. Federal agencies do not issue licenses or permits to carry concealed weapons. Such permits must be obtained from state or local governments.
The commerce of firearms is regulated at the federal level by the Bureau of Alcohol, Tobacco, and Firearms. Under federal laws and ATF regulations (18 U.S.C. 926A; 27 CFR 478.38), you generally are allowed to transport a firearm from one place in the country to another if:
- You are not prohibited from owning a firearm in either place (for example, convicts may not carry firearms);
- You comply with the firearms laws in the starting and ending states (for example, you may need a permit from each of the two states);
- You are transporting the firearm for a lawful purpose;
- The firearm is unloaded; and
- The firearm and ammunition are not readily accessible from the passenger compartment. If the vehicle does not have a compartment separate from the driver’s compartment (such as a sleeper berth), the firearm or ammunition must be contained in a locked container other than the glove compartment or console.
Finally, note that a driver who applies for a hazardous materials endorsement or other credential may be rejected if he/she was convicted of unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon.
State and local rules. States severely restrict and often prohibit the carrying of firearms in any type of vehicle, and the penalties for violating those rules can be harsh, including jail time. States also regulate the carrying of weapons, whether concealed or not, but often differ on how they define what a weapon is. Depending on the state, a “weapon” may include mace, metal knuckles, blackjacks, hand chains, pocket knives, billy clubs, writing pen knives, leaded canes, or almost any other type of dangerous or deadly weapon.
State and local governments also may have their own concealed-weapons laws, and a carry permit issued by one government authority may not be good under the jurisdiction of another. So even if you have a permit to carry a weapon in one state, you could be severely punished if you carry that weapon across state lines.
Given the sensitivity of the subject and the countless number of weapons laws that exist, drivers and/or employers should check on the laws in each and every state through which they will be transporting a weapon. One place to start is the State Patrol in each state.
Company rules. Aside from what is legal, drivers need to be aware of what their companies allow. Some companies have adopted policies prohibiting the carrying of firearms or other weapons of any kind.