Law Enforcement Specialties >> State Police & Highway patrol >> 18 wheelers, guns, and the DOT

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18 wheelers, guns, and the DOT

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Posted about 6 years ago

 

I have a Valid Texas CHL. I don't travel all over anymore, Only driving in Houston. A friend of mine and I have a running discussion going about carrying in the truck. My company frowns on weapons, However... I am only asking about carrying, as far as Law Enforcement goes,  YES or NO. Some of the places I go to are questionable at best. And I feel alot safer with my Para with me. I would much rather look for another job, than have my daughter deal with a phone call saying I had a license and couldn't defend myself...Can someone PLEASE answer this for me. 

1979_max50

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Rate This | Posted about 6 years ago

 

If you have a valid permit to carry a concealed weapon then you should do so. Make sure that you practice with this weapon often so that your aim is true even in a panic situation. Trust me, it is difficult and needs to be automatic muscle memory to be really effective. Practice, practice, practice and unless in a life or death situation, keep it concealed and simply don't tell people you are armed unless you are talking with an officer.

Jal_fast_main_image_max50

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Rated +1 | Posted about 6 years ago

 

Thomas,


As long as you are in compliance with applicable local / State / Fed Laws in connection with your CHL, don't tell anyone (except a LEO when questioned / encountered) what you are carrying or IF you're carrying..... Too many employers try to impose their anti-gun / pro-victim positions on their employees...


Practice as much as you can with your weapon of choice, avoid trouble if possible, and if all else fails... act swiftly and decisively and be able to EXPLAIN why you did what you did when you had no other options...


Too many youngsters get their hands on firearms without proper supervision. Keep your guns secure from ALL unauthorized persons! Lets stop burying children - PLEASE (jal.fast@yahoo.com)

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Rate This | Posted about 6 years ago

 

The previous replies pretty much say it.  Practice, articulate, practice, articulate, etc, etc.

Tj_hooker_flame_chase_max50

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Rate This | Posted about 6 years ago

 

Like they said, you MUST comply with local state regulations.  If you travel out of state, make sure your in compliance.  If you get stopped by the police, make sure they know you have it and where it is!  If they "find" it - look out - they're gonna be mad!  NEVER leave it unsecured or unattended in your truck - ever.

Dapd2_0_max50

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Rate This | Posted about 6 years ago

 

Good advice already given here, not much more to add. Good luck!


"Learn from the mistakes of others. You can't live long enough to make them all yourself." - Eleanor Roosevelt

Photo_user_banned_big

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Rate This | Posted about 6 years ago

 

I am an ex-trucker. I have been off the road for a few years now but when I was driving, a CDL is a Federal license, not State. It is issued by your home State but it is regulated by the Fed's. That is why alot of enforcement has to be done by DOT and Federal Marshals. FIREARMS are prohibited in commercial vehicles according to Federal Law a few years ago. I seriously doubt they have changed. Most truckers, I included, keep a "tire-thumper" in their truck...it's really a baseball bat. I also kept a knife that was used for cutting tie-downs and seatbelts in accidents, yeah that was why I carried it....lol I can tell you, if you are stopped for an inspection at a weigh station or by customs coming back to the US from Canada or Mexico, and they find a firearm, permit or not, your going to jail. Regardless of your CCW permit, Federal Law forbids it. You can double check here: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp?section_type=A this link is to the DOT's website and lists the Federal Motor Carrier Safety Regulations. It should be in there somewhere....unless the laws have changed recently. Perhaps email the DOT to ask them....

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Rate This | Posted about 6 years ago

 

Holy-Moley, he's a lawyer now or is that trucker,  what? Let me ask you this SMARTZ. If DOT is federal why do the officers have to go through state training. ? Also since highway patrol enforces interstate routes for the most part why isit that they can do inspections etc. and issue cites?  Now as far as a firearm in Canada or Mexico get caught whether truck driver, civilian , cop ccw or no and you are going to ojail in those countries. Get a clue there bud.

1979_max50

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Rate This | Posted about 6 years ago

 

Now I did here that there was a ICC regulation about having a firearm in a commercial truck. My son went nuts when he noticed that I was carrying while I was helping him out driving for his company, yes I have a CDL, and said that if the DOT guys caught me they would arrest me for it and fine his company bug time bucks. Now I still carried and they were going to have to call a deputy or FHP to arrest me as far as I was concerned but this law may be possible. I have heard it before. I also know a lot of drivers over the years including my Dad who was a long distance driver and most of them carried a firearm with them and none seemed concerned. So I just do not know the correct answer to this one and have to say just do what your heart tells you to. Me, I'm going to CCW. Of course I seriously doubt I will be driving anything requiring a CDL again either but that's beside the point. I do agree with Nickko though that if you are caught carrying a firearm across the International Border you will get your ass arrested no matter who you are!


 

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Rate This | Posted about 6 years ago

 

The DOT in every state is also federally regulated. A truck driver is a Federal driver. Highway patrol and local authorities can issue cites for speeding, etc but cannot open a trailer, etc without a federal marshal or DOT officer present. Loads are sealed. Also, if a local officer wants to make a driver move a truck and that driver is out of hours for the day, the only person authorized to make him move is a DOT officer or federal marshal. Truck inspections, weight checks, cab inspections, etc must be done by DOT or Federal Marshals. Do you get it yet? The only time a local law enforcement officer can enter a truck cab or trailer is if there is an immediate threat to innocent people, ex: the driver is high and trying to run people over, or the trailer is on fire, etc. Anything beyond a traffic ticket for a moving violation, etc requires federal authority. I have driven, I have gone through inspections, I have had local PD try and make me move my truck, and I have been through customs, hundreds of times. I may know something about it......

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Rate This | Posted about 6 years ago

 

Sport, this kind of "advice" is going to get people in trouble. The last time a driver pulled that crap with me he got his truck SEIZED!.... and I'm a local PD officer. Florida CDLs are issue by the state of FL.... NOT any federal agency. You are completely full of crap and your "advice should be totally and completely ignored.

Bulldogdep_max50

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Rate This | Posted about 6 years ago

 

smartz says ...



The DOT in every state is also federally regulated. A truck driver is a Federal driver. Highway patrol and local authorities can issue cites for speeding, etc but cannot open a trailer, etc without a federal marshal or DOT officer present. Loads are sealed. Also, if a local officer wants to make a driver move a truck and that driver is out of hours for the day, the only person authorized to make him move is a DOT officer or federal marshal. Truck inspections, weight checks, cab inspections, etc must be done by DOT or Federal Marshals. Do you get it yet? The only time a local law enforcement officer can enter a truck cab or trailer is if there is an immediate threat to innocent people, ex: the driver is high and trying to run people over, or the trailer is on fire, etc. Anything beyond a traffic ticket for a moving violation, etc requires federal authority. I have driven, I have gone through inspections, I have had local PD try and make me move my truck, and I have been through customs, hundreds of times. I may know something about it......



Please come to my state and pull any of this shit with me.  I love to impound Big Rigs.  Do You Get IT?  


In Honor of the Fallen.

Dsc02199_small_square_1__max50

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Rate This | Posted about 6 years ago

 

I sincerely doubt Smartz expertise or experience.  I will gladly arrange a meeting with one of the Maryland State Troopers at the weigh scales and he can tell their Commercial Vehicle Inspectors what they can do.

Virginia-state-police_max50

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Rate This | Posted about 6 years ago

 

smartz says ...



The DOT in every state is also federally regulated. A truck driver is a Federal driver. Highway patrol and local authorities can issue cites for speeding, etc but cannot open a trailer, etc without a federal marshal or DOT officer present. Loads are sealed. Also, if a local officer wants to make a driver move a truck and that driver is out of hours for the day, the only person authorized to make him move is a DOT officer or federal marshal. Truck inspections, weight checks, cab inspections, etc must be done by DOT or Federal Marshals. Do you get it yet? The only time a local law enforcement officer can enter a truck cab or trailer is if there is an immediate threat to innocent people, ex: the driver is high and trying to run people over, or the trailer is on fire, etc. Anything beyond a traffic ticket for a moving violation, etc requires federal authority. I have driven, I have gone through inspections, I have had local PD try and make me move my truck, and I have been through customs, hundreds of times. I may know something about it......


Smartz, you should know what you are talking about before posting like this. IF you think A trooper in Va can't open your trailer and inspect the contents, and it doesn't have to be a DOT trooper, bring your trailer on down here and try to refuse entry!  I carried for years, as a supervisor, metal tags to reseal trailers where we opened to inspect the contents, I've inspected hundreds of them, and there were several like you that were educated by the court for believing such nonsense. Virginia has several DOT troopers, that's troopers specializing in DOT inspections, that daily do truck and trailer inspections, we have Commercial Vehicle Enforcement Officers that do portable scales and work the weigh stations.  There are no Federal people on any Va Permanent Scale site unless there to do a "duel" inspection with Va Troopers.  Seems to me you're just another trucker who thinks he's an attorney also because of all the garbage talked on the CB radio, and the number of tickets recieved!



Support bacteria. They're the only culture some people have.

1979_max50

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Rate This | Posted about 6 years ago

 

smartz says ...



I am an ex-trucker. I have been off the road for a few years now but when I was driving, a CDL is a Federal license, not State. It is issued by your home State but it is regulated by the Fed's. That is why alot of enforcement has to be done by DOT and Federal Marshals. FIREARMS are prohibited in commercial vehicles according to Federal Law a few years ago. I seriously doubt they have changed. Most truckers, I included, keep a "tire-thumper" in their truck...it's really a baseball bat. I also kept a knife that was used for cutting tie-downs and seatbelts in accidents, yeah that was why I carried it....lol I can tell you, if you are stopped for an inspection at a weigh station or by customs coming back to the US from Canada or Mexico, and they find a firearm, permit or not, your going to jail. Regardless of your CCW permit, Federal Law forbids it. You can double check here: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp?section_type=A this link is to the DOT's website and lists the Federal Motor Carrier Safety Regulations. It should be in there somewhere....unless the laws have changed recently. Perhaps email the DOT to ask them....



You are full of the brown liquid dummy. A CDL is a State Issued DL that conforms to the standards of training that is required to operate a commercial vehicle of certain weight and components etc based on a Federal requirements. It IS NOT issued by Federal Agents nor is it enforced by Federal Agents. It is all done but the State Highway Patrol or Troopers or whatever the State Traffic agency is and issued by them and in addition there are certain State Officers designated as working for the STATE Department of Transportation who inspect, stop, ticket, check weights and loads etc of trucks and other Commercial Vehicles.

Virginia-state-police_max50

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Rate This | Posted about 6 years ago

 

Th_trollcahwdp5q_normal


Support bacteria. They're the only culture some people have.

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Rate This | Posted about 6 years ago

 

Fortunately for us, smartz-at-giving-oral has been removed from the site by TheSarge.  Talk about a blowjob on 2 feet, holy shit in one thread a trucker, in another thread a multi-cop family member giving legal advice.  Good thing being stupid isn't against the law or he would be in deep shit.  Just to reiterate what the others said, come prop a semi in the middle of one of my roads and tell me you're not moving it.  I can guarantee YOU and YOUR TRUCK will get moved and it will hurt bad!!!


Police work- the greatest show on earth and my team always wins!!!
Tulips and Trolls- one in the same but without them what fun would I have?

N1202178746_305955_5462_max50

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Rate This | Posted about 6 years ago

 

Robocop33 says ...



smartz says ...



I am an ex-trucker. I have been off the road for a few years now but when I was driving, a CDL is a Federal license, not State. It is issued by your home State but it is regulated by the Fed's. That is why alot of enforcement has to be done by DOT and Federal Marshals. FIREARMS are prohibited in commercial vehicles according to Federal Law a few years ago. I seriously doubt they have changed. Most truckers, I included, keep a "tire-thumper" in their truck...it's really a baseball bat. I also kept a knife that was used for cutting tie-downs and seatbelts in accidents, yeah that was why I carried it....lol I can tell you, if you are stopped for an inspection at a weigh station or by customs coming back to the US from Canada or Mexico, and they find a firearm, permit or not, your going to jail. Regardless of your CCW permit, Federal Law forbids it. You can double check here: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp?section_type=A this link is to the DOT's website and lists the Federal Motor Carrier Safety Regulations. It should be in there somewhere....unless the laws have changed recently. Perhaps email the DOT to ask them....



You are full of the brown liquid dummy. A CDL is a State Issued DL that conforms to the standards of training that is required to operate a commercial vehicle of certain weight and components etc based on a Federal requirements. It IS NOT issued by Federal Agents nor is it enforced by Federal Agents. It is all done but the State Highway Patrol or Troopers or whatever the State Traffic agency is and issued by them and in addition there are certain State Officers designated as working for the STATE Department of Transportation who inspect, stop, ticket, check weights and loads etc of trucks and other Commercial Vehicles.



Crap how did I miss this?


Pain is weakness leaving the body.

Obstacles are what we see when we take our eyes off the goal.

1979_max50

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Rate This | Posted about 6 years ago

 

Sorry ya'll. I think I'm PSMing or something. In a foul mood anyway. This clown pushed my button when he smart-mouthed KSP and I fired off a couple like this before I read father down where Sarge had dumped him.

N1202178746_305955_5462_max50

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Rate This | Posted about 6 years ago

 

Thomas281 says ...



I have a Valid Texas CHL. I don't travel all over anymore, Only driving in Houston. A friend of mine and I have a running discussion going about carrying in the truck. My company frowns on weapons, However... I am only asking about carrying, as far as Law Enforcement goes,  YES or NO. Some of the places I go to are questionable at best. And I feel alot safer with my Para with me. I would much rather look for another job, than have my daughter deal with a phone call saying I had a license and couldn't defend myself...Can someone PLEASE answer this for me. 



FYI For everyone on PL~


If you hold a current CCDW (Concealed carry permit) in any state KY will honor it. Otherwise the weapon must be carried in the open, in the glove compartment, or in a cargo area.


Pain is weakness leaving the body.

Obstacles are what we see when we take our eyes off the goal.

Dsc02199_small_square_1__max50

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Rate This | Posted about 6 years ago

 

vsp305 says ...



Th_trollcahwdp5q_normal



 great post for him VSP... maybe he can use that for his profile picture!!

N1202178746_305955_5462_max50

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Rate This | Posted about 6 years ago

 

Robocop33 says ...



Sorry ya'll. I think I'm PSMing or something. In a foul mood anyway. This clown pushed my button when he smart-mouthed KSP and I fired off a couple like this before I read father down where Sarge had dumped him.



I appreciate you having my back


Pain is weakness leaving the body.

Obstacles are what we see when we take our eyes off the goal.

1979_max50

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Rate This | Posted about 6 years ago

 

Anytime my brother, anytime

N1202178746_305955_5462_max50

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Rate This | Posted about 6 years ago

 

If there should be a Troll that you folks find in western KY let me know. Because driving to their house and busting them in the mouth will be worth 90 days without pay.


Pain is weakness leaving the body.

Obstacles are what we see when we take our eyes off the goal.

Alone_max50

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Rate This | Posted almost 6 years ago

 

CCW's and tractor trailers are ok in NC. As long as you're not so scared about the stop that you forget to inform us that you're carrying (as is state law). First time you forget to tell us you're carrying is a warning, next is a crime. And since that info shows up on your license check in our state at least, it's best to tell us up front before you see a pissed off LEO walking back up to you with papers in hand.


Cowards never try, and the weak die along the way.

128846014394059542_max50

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Rate This | Posted almost 6 years ago

 

smartz-


Virginia must be the exception rather than the rule based on what you're saying.


§ 46.2-341.4. Definitions.


The following definitions shall apply to this article, unless a different meaning is clearly required by the context:


"Commercial driver's license" means any driver's license issued to a person in accordance with the provisions of this article, or if the license is issued by another state, any license issued to a person in accordance with the federal Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the class and type and with the restrictions indicated on the license.


"Commercial motor vehicle" means, except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight rating of 26,001 or more pounds; or (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; or (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.


The following shall be excluded from the definition of commercial motor vehicle: any vehicle when used by an individual solely for his own personal purposes, such as personal recreational activities; or any vehicle which (i) is controlled and operated by a farmer, whether or not it is owned by the farmer, and which is used exclusively for farm use, as defined in § 46.2-698, (ii) is used to transport either agricultural products, farm machinery or farm supplies to or from a farm, (iii) is not used in the operation of a common or contract motor carrier, and (iv) is used within 150 miles of the farmer's farm; or any vehicle operated for military purposes by (a) active duty military personnel, (b) members of the military reserves, (c) members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve technicians, and (d) active duty U.S. Coast Guard personnel; or emergency equipment operated by a member of a firefighting, rescue, or emergency entity in the performance of his official duties.


"Commercial Motor Vehicle Safety Act" means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, as amended.


In the eyes of a speechless animal there are words only the wise can understand.

128846014394059542_max50

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Rate This | Posted almost 6 years ago

 

"Out-of-service order" or "out-of-service declaration" means an order by a judicial officer pursuant to § 46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under § 46.2-1001 or regulations promulgated pursuant to § 52-8.4 relating to Motor Carrier Safety, and including similar actions by authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States, the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other jurisdictions' officers pursuant to federal Motor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-of-service order or declaration has been lifted. For purposes of this article, the provisions of the federal Motor Carrier Safety Regulations (49 C.F.R. Parts 390 through 397), including such regulations or any substantially similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada, Mexico, or any locality shall be considered laws similar to the Virginia laws referenced herein.


In the eyes of a speechless animal there are words only the wise can understand.

Mealeta_max50

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Rate This | Posted about 5 years ago

 

As far as I know, there is NO federal law prohibiting guns in CMV's. However, you still have to conform to the stricter law in each state you enter. I have driver's ask me this on a fairly regular basis.

Please correct me if you find documentation that says Im wrong. If Im wrong I'd like to know.

Strafzettel_max50

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Rate This | Posted over 4 years ago

 

Okay as a City LEO I do not ever really mess with the big trucks (only stopped on in town for Jake braking and issues ticket) I do not mess with them. I do know the person that posted before, that has been removed, really did not know what he was talking about. I do know that in Missouri you are not supposed to carry in a com veh. My step-father has been driving a truck ever since i was a kid and when Mo passed the CCW he was inthe class the first week. had has carried ever since with no problem. in Missouri when your DL is ran it comes back your a CCW holder. he more than once as been asked where it was, he tells them, end of story.


I think the confusion is that CDL's are given by the state(s) but there records are maintain by a private company though a contract with the feds. and that they can deny you a license. but ever DOT weight station in MO is ran by Mo DOT. not feds.  Now this info about the records is what we where taught in the academy and was taught again while i was in FTO and I have heard other officers (non-troopers but still LEO) saying this. My step father also told me this.


Now because this is a State Police & Highway patrol side of the group i must ask. is this info correct? and what does a driver of a Com Vehicle have to show us i think its just there DL, and log.


I do know the Mo State highway patrol has a CVE and that they to have mobile scales. I have seen KCPD with there CVE so i know that we can stop them and all and enforce all the CV statutes.


"PL Mentoring Team Member".

Jeff_and_christy_max50

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Rate This | Posted over 4 years ago

 

I'm new to this site, so I'm just catching up with this topic.  That being said, I'm glad smartz was "dis-invited" by the administrators.  I'm a Trooper in Missouri and before that I spent 5 years as a Commercial Vehicle Officer for the Missouri State Highway Patrol.  As a CVO, we were state officers with federal certification to enforce federal CMV statutes.  As far as carrying in a commercial vehicle, as others have said, you must comply with the laws of the jurisdiction you are in.  There are no Federal Regulations prohibiting carrying in a commercial vehicle.  As far as Missouri law goes, you can carry in any vehicle as long as you are 21 years old or older and not prohibited from possessing a weapon, ie. convicted felon, mentally ill, etc. 

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