Petition circulated on “right to carry” for driver self-defense

| August 28, 2014
In this story probing gun-control issues ...

In this linked story probing gun-control issues in the wake of the school shootings in Connecticut in 2012, 91 percent of readers favored either the status quo or fewer restrictions on ownership.

A new “right to carry” petition is being circulated by the Small Business in Transportation Coalition’s James Lamb. It’s collecting signatures in an attempt to demonstrate that there’s support for easing many interstate drivers’ ability to legally travel with firearms. Today, a patchwork of local and state restrictions makes doing so difficult for many a professional driver. 

Language summing up the idea the petition puts forward leans on the notion that restrictions to a driver’s right to carry are hindrances to interstate commerce: “Once an American citizen leaves his home state and engages in ‘interstate commerce,’ his ability to carry a firearm and guard the shipment is at the mercy of other states that may or may not choose to grant reciprocity to their home state. Instead, American citizens should be protected under federal law pursuant to the Interstate Commerce clause and in the spirit of the Second Amendment. The “Reserved Powers” clause, which gives the states the right to regulate guns carried within their state, should not apply to instances involving interstate commerce because the firearm is carried through a state….”

Those interested can read the petition via this link.

The petition argues for a federal “business carry permit” to be issued by Alcohol, Tobacco and Firearms “that supersedes and preempts states’ laws and their right to regulate the carrying of guns.” 

Creation of the petition follows the murder of Michael Boeglin in Detroit — Boeglin was killed while parked overnight for an early-morning delivery near his destination. Some advocates, including Lamb, have been vocal about the need for more federal attention to the parking issue following Boeglin’s death. (You can read Lamb’s letter  to the FMCSA and FHWA calling for a “Safe Trucking Parking Task Force” and guide in this post to the AsktheTrucker.com blog.) 

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Navigating gun laws for truckers

The question of carrying a gun for protection is one that comes up often, and there's a lot of murkiness and misinformation regarding actual laws ...

Lamb’s been plenty active this year in an attempt to bring light to sundry issues in the transportation world. Following his efforts opposing the hike in the broker bond with his Association of Independent Property Brokers and Agents, he’s taken a turn more directly toward the world of independent truckers with the 12PL brokerage, pledging rate transparency with an advertised broker’s take of 12 percent of the linehaul. Efforts around broadening the reach of the Small Business in Transportation Coalition by appealing to small business brokers, truckers and others involved in transportation continue.  

  • James P. Lamb

    Sometimes, you need to sneak in the backdoor in order to slowly prop open the front door.

  • USMC 69/75

    And it is!, I carried a 12 gauge flare gun in my truck for years, now I carry my S&W with a SC and FL non- resident, good for 44 states, but that said, it is your Constitutional right to carry no matter what! And for all the Sooth Sayers out there, yes in a commercial truck, there is no law stipulating other wise.

  • USMC 69/75

    Tell that to the thuggery out there that are entitled!

  • USMC 69/75

    Get off your lazy Canadian but and do your own research, the facts are out there. Then crawl back under your porch and gnaw on your foot!
    You are showing your ignorance in the comments your making!

  • BOSS HOSS

    I have to say that ive been reading a lot of everones comments and am astounded by the outpoor of ignorance displayed by the lot. Take responsibilty for yourselves and stop whining about how the govt. needs to spoon feed you your rights. Take it upon yourself to know where you can carry and where you cannot with your permits, there is always a way to carry and theres always a safer place to park. The two go hand in hand, yea you might have to drive out of area sometimes to be safe, but then where are your priorities, sleeping in longer parked in a bad spot or stay safe and get up earlier to make the same time? Unfortunately, unless your an o/o, you’re stuck following policies and procedures from the co you work for whether or not you agree with them, that does not however pertain to those who are sub-contracted and using their own rigs. Educate yourselves and make intelligent decisions on how to protect yourselfves not only from the criminal element out there but from the wolves that say you cant protect yourself legally, because that too is a farce.

  • chaindawg812

    I do and have for over 40 years you don’t have to it’s your choice. My family is secure in the fact we are not going to be victims. Getting snippy and acting like an azz doesn’t advance the conversation. Good luck to you.

  • Robert Lonquist

    A good read “More Guns, Less Crime: Understanding Crime and Gun-Control Laws” author John R. Lott Jr.

    When Florida relaxed it’s concealed carry laws crime fell overnight. Every city with the strictest gun law has the highest crime.

    The argument that truckers with firearms would be waving them around is completely baseless. In 20 years so few concealed carry permit holders have been involved in crimal use of a firearm it is statistically zero.

  • brad

    I carry in my truck.I have a concealed permit and I will protect myself.You can have my truck just don’t mess with me.I own my truck but I do think all drivers staying over night in their trucks should be able to protect themselves.

  • Ray1547 @ teapartyorganizers.n

    I like the idea of carrying a flare gun! Light the perp up. I have no clue if it is legal but I will be looking for one to add to my collection.

  • Ralph

    Not figuring in the company policy that has to be followed, there is one problem with “knowing where it is legal and where it isn’t”. If you go anyplace where it is illegal, then you CANNOT legally carry at all. All it takes is passing through one tiny town to make the entire trip illegal to carry.

  • Tammi Kelley

    Its about time this is coming out! We need to be able to protect our selves out here with the ever growing threats!

  • Western 88

    Western 88 this seems to be a problem with America we have the right to bear arms we have the right to protect ourselves all the bad guys know that truck drivers men or women doesn’t carry a firearm. So the bad guys know they can rob or hurt us, truck drivers are all people to we should have the right just like anyone else to keep ourselves safe. There is just way too much control with the government and politicians, we do know what’s right and wrong the people need to start standing up for their selves.

  • NB

    Agree with the concept…however, IMHO, it should be fashioned thusly…with respect to the interstate commerce clause, anyone that goes through the background checks for a CDL with all endorsments (Haz-mat etc) should have the option of applying for a natl carry permit. A better way to accomplish this is to create/enable natl concealed carry reciprocity, not restricted to just folks engaged in innterstate commerce. How ’bout the retired folks out there in their motor homes? Just because they are not engaged in commerce means that they can’t have the same protections?

  • jsmith5893

    Aren’t you folks a little apprehensive about getting the federal government involved in the national reciprocity argument? Considering the trucking industry is relatively non-controversial in the public domain, look what the government bureaucracy did with the implementation of the nationwide CDL and imagine what they would do with something controversial like firearms.

  • BOSS HOSS

    Providing we are only referring to cwp holders, there are two forms of carry acceptable in a private conveyance which are concealed and compartment carry. Concealed is obviouse and compartment carry could be in the glove box but I keep mine in a gun box with finger depression combo mounted to the captains chair. And the lockbox is no slouch in the tactical dept. as it is a very fast draw capabilities if you buy the right one. This discussion really should only be held and mandated by current cwp holders, non-cwp holders dont have a say period….. I do beleive however that the training for civilian carry needs to be more stringent in every aspect of the application process, including limiting the training and range qualifications to be help by local law enforcement agencies not by idiot civilian at your local gun shop or gun show which is absolutely appalling.

  • bill wiggins

    Anyone can go to http://www.gunlawguide.com and check it out. I have bought several copies of this guide and given them to family and friends. All of your questions and concerns will be answered about carrying firearms in commercial trucks. There are no Federal laws prohibiting right to carry. Some states do have some restrictions. But mostly company policies are the only ones to worry about. Truck drivers have as much of a right to protect their lives as anybody else!!!

  • R Bunch

    I haul loads to BC and AB Canada on a regular basis, so I don’t carry a gun. The Canadian culture is slightly different than in USA so I don’t worry a lot about safety when I park. In the USA I’ve parked in some places where I slept lightly and with something that could be used as a weapon at hand. I have the guns but not in the truck as I would like.

  • Robert Smith

    There are plenty of conservative republicans that are doing the same thing. Educate yourself and you will find out it’s not just liberals trying to strip you of your rights.Who do you think has given the cops all the power they have now where they can do anything to anybody and get away with it ?

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  • ExplEngineer

    Obviously, CDL Drivers should have the SAME rights as any other U.S. Citizens to “Keep & Bear Arms. That is, if they hold permits for Concealed Carry of Deadly Weapons (CCDW) & is operating in the state where the CCDW was issued, or in a state where reciprocity exists they should have the same rights as other American Citizens to carry their firearm. If they are operating in a state that does not recognize their CCDW permit then they should comply with the Federal Exemption (18 U.S.C. Ch. 44) & be covered by same. If they are retired law enforcement officers they should be covered by the same exemptions contained in that chapter (v.a.). The only reasonable additional requirement should that they keep both hands on the steering wheel, & to notify any/all law enforcement officers (LEO) who approaches their vehicle when stopped, either when stopped by the LEO, for a traffic stop, in any weight or inspection stations, when stopped in a publiic-use parking area or “breakdown” lane. This is not because they should arbitrarily be singled-out for special treatment, just in recognition that the height of an 18-wheeler limits the ability of the LEO to see inside the truck, as would otherwise as in the case of a 4-wheeler. As for any “special business” Federal rule giving them special rights ro carry a

  • ExplEngineer

    firearm, the correct response is to require reciprocity between all states, municipalities, etc. for everyone as there is no logical reason to do otherwise. [Apologize for the broken-up messages, but my “Smart Phone” is not as “smart” as it claims to be.

  • USMC 69/75

    Here’s your sign…..ever hear of the “knock out game?” They pray on unsuspection, unarmed individuals, an armed individual is an alert citizen, being aware of what is happening around them. Nothing confrontational about it, just “Common Sense” and taking action if needed! Also….Yes it will save lives, maybe even yours, but also will cost lives….those of the unsuspecting perps!

  • USMC 69/75

    Come on now MK……The company can kiss the south side of a north bound mule. How are they going to know if your carrying or not, it’s called concealed for a reason! I carry into places that post signs all day long, I’m not throwing my gun in the bushes because some establishment posted a sign to advertise that they are a barrel of fish. Surprise, surprise, surprise!

  • mousekiller

    Unfortunately if you get caught entering an establishment that declares NO guns or displays on or near the entrance the universal symbol of a gun with slash through it ( Assuming your not a cop). You can face criminal charges and loss of your CCW. I do agree with you though. I just carry a smaller gun that is easily hidden but easy to get to. Unarmed citizens are easy targets for the feeble minded fueled by hate.

  • USMC 69/75

    Sorta yes……I don’t worry, unless they have pat downs or metal detectors. I’d rather be tried than carried! Besides, if the homosexual community can get establishments fined and “retrained” and forced to service them. I guess we have the same right, take down your discriminatory signs, “I’m offended”. ;-}

  • USMC 69/75

    It is Ray……it’s classified as a signaling device, I have had cops look in my truck (with permission) and just pushed it aside. It was in the orange plastic box that they come in, from and place that sells boating supplies. Up close, will cut ya in two and cauterize the wound at the same time.

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  • Randy Adams

    Tell a cop in NJ you have a gun? Are you crazy? I’m sure the cops in SF,CA. would love to see your hollow points.

  • gus deason

    I respectfully disagree with you. Just a couple of years ago I confronted a gentleman who decided that my property actually should be in his possession. The gentleman in question was armed with a knife and told me several times as he approached that he was going to use it. He decided that he was in error of his ways when I let him see just how large the end of the barrel looks on a 1911 when it is aimed between your eyes. He waited patiently with my for the 20 plus minutes it took for the cops to arrive. The gentleman in question had a rap sheet for assaults and multiple armed robberies. Now let me translate this into plain English. Some Scunthorpe bag decided he was going to hurt me and steal my shit, pointed big gun at him he owed hisself and cried till the cops got there.

  • milkman

    NB, here in the great state of MS you go the DMV to apply for a CCw permit. I threw down my cdl with hazmat and my twic card also my badge to haul jet fuel on any military base in the us. States don’t care still charged me 132.50 with a background check.

  • hillbillymcnair@gmail.com

    I drove for 14 years and still believe drivers should be able to protect their load AND themselves. If you have ever been to NY or Memphis at a gated truck stop, it’s not always pleasant. Especially when the clerk tells you to lock your doors.

  • Cliff

    Just ordered the book, thanks for the link

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  • Philip Short

    I think that if a trucker has a concealed carry license, they should be allowed to carry his or hers piece to protect themselves. What the hell, your driver’s license is good in all states, why not chl’s.

  • MercenaryMan

    Yes this has become necessary and qualified trained business class conceal carry time has come, locked in a gun safe on the vehicle.

  • Viki

    What’s point, if only sleeper? We shld, for duration of Driver’s 14hr day, be permitted to Conceal Carry (espec HazMat & oversize) & hav appropriate training similar to security guards that move money & why not another mounted smart rifle/shotgun to deter truck jackers?

  • Viki

    Reminds me, when p/u, delivr, hi-crime areas put 3LB sledge hammer for sticky pins on the dash, or, big Tire Thumper.
    And I’m littlish & found that nails come out of trailer floor with much less effort using giant big 4Ft crowbar.
    So, if very rough area city, haul that bleeping giant crowbar out (try look tough vs. old) & put it between seats.
    & pray never need to try to figure out how or what to do in defensive emerg situation. Men averagely are stronger & if that close, I’m likely in trouble; so, gun safety better option & keeps perp’ at distance.
    Maybe one of guns could be loaded with elephant knock-out darts that’ll do burst to ensure hit creep & stop ‘em in tracks & stay knocked out long enough 2 cuff &/or til authorities arrive?

  • viki

    Didn’t know technically law allowed in sleeper.

    Every truck company hav driven for disallows; so, didnt even know about sleeper being Ok.
    ?You sure ok?

  • Deadeyetrucker

    Wow! So all this time my little buddy has been by my side, been found by many a lawman… you mean to tell me you don’t carry? With the current atmosphere in america you would be a fool not to have one at your side. IF this proceeds and passes, i’m wearin’ it on my leg… at the ready. It’s ALWAYS better to defend than be defenseless

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