Truck drivers sue state over Second Amendment rights

Trucking news and briefs for Thursday, Jan. 9, 2025:

Right to carry: Two truck driver sue Minnesota over out-of-state permits

The Austin, Texas-based Liberty Justice Center on Jan. 7 filed a lawsuit on behalf of two truck drivers against the state of Minnesota, arguing that the state’s failure to recognize other states’ firearm permits violates the Second Amendment of the U.S. Constitution.

The lawsuit aims to defend the two truckers’ constitutional right to bear arms in public and carry them in their trucks across state borders.

State laws in the U.S. make it difficult for over-the-road truck drivers to carry firearms, as weapons license laws vary state to state, and reciprocity practices are far from uniform.

In the new lawsuit filed this week, the drivers being represented are David McCoy, a Texas-based long-haul truck driver who possesses a Texas License to Carry, and Jeffrey Johnson, a long-haul trucker with both a Florida Concealed Weapons License and Georgia Weapons Carry License.

According to the Liberty Justice Center, Minnesota chooses each year which states’ firearms permits it will recognize and which it will not, and it excludes Texas, Georgia and Florida -- along with 26 other states -- from that list.

“Due to this law, neither Mr. McCoy nor Mr. Johnson can exercise their constitutional right to bear arms for self-defense due to fear of prosecution, which could jeopardize the credentials needed for their profession,” the firm said.

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[Related: Trucking law: Your gun rights on private property]

According to the lawsuit, Minnesota requires people to apply for a Permit to Carry in person, pay a fee of up to $100, then wait up to 30 days for a decision. For McCoy and Johnson, “this means they would have to wait until they are allowed, as part of their work schedule, to return to their home state where they could gather all the necessary documentation for the Minnesota PTC application,” the lawsuit added. “Then they would have to either make a special trip to Minnesota just for the purpose of applying or wait until the next time their work takes them to or through Minnesota. Then, once in Minnesota, they would need to take time out of their schedule to stop at a county sheriff’s office and apply in person.”

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The lawsuit adds that each of the 48 contiguous states have their own firearm permit processes, and the plaintiffs “cannot afford the costs of firearm permit fees in every state they travel to or through. And it is too onerous a burden on Plaintiffs’ Second Amendment right, and [that of] millions of other similarly situated Americans, to manage the firearm permit application process, requirements, costs, wait times, and obligations for every state that they travel to or through.”

The plaintiffs claim that “the burden is on Minnesota to prove, based on Founding-era historical tradition, that its refusal to recognize the carry permits of almost two-thirds of Americans with valid firearm permits from other states comports with the original public understanding of the Second Amendment.”

The lawsuit seeks a judgement declaring that Minnesota’s laws violate the Second Amendment; an order that the state must recognize and honor lawfully issued firearm permits issued from all other states; and a permanent injunction prohibiting Minnesota from enforcing all laws prohibiting the carrying of a firearm without a Minnesota PTC or recognized out-of-state firearm permit if the person accused of that crime has an otherwise-valid permit to carry issued by any state, and is not otherwise prohibited from possessing or carrying firearms.

[Related: Danger zone: Truckers stick to their guns despite questions about firearm laws, Overdrive research reveals]

Women in Trucking seeks Driver of the Year nominations

The Women In Trucking Association (WIT) has opened nominations for its annual Women In Trucking Driver of the Year award, sponsored by Walmart.

The award recognizes exceptional female professional drivers who exemplify outstanding safety, leadership, and a commitment to advancing the trucking industry, particularly for women drivers.

[Related: Enter now to compete for Overdrive's Trucker of the Year honor]

The 2025 Driver of the Year Award aims to honor drivers who not only demonstrate exemplary skill behind the wheel but also serve as a role models, mentors, and advocates for the industry. Nominations are open to women who are currently employed as professional drivers within the trucking industry. 

Eligibility criteria for nominees: 

  • Must have at least two years of driving experience.
  • Demonstrated commitment to safety, professionalism, and driving excellence. 
  • Contributions to mentoring, advocacy, or involvement in programs that support the advancement of women in trucking. 
  • A history of exemplary service in the trucking industry. 

Nominations can be submitted here through Jan. 31.

The finalists and overall winner will be honored at the 2025 Salute to Women Behind the Wheel event at the Mid-America Trucking Show in Louisville, Kentucky, on Friday, March 28. The winner will be chosen based on her safety record, positive community contributions, and impact on the public image of the trucking industry. She will receive a plaque, a commemorative ring and more.