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Posted: 5/2/2009 9:02:11 AM EDT
LEO, Lawyers, anybody who knows, question....

A friend of mine who is a commerical driver said that yesterday 14 commerical truck drivers were arrested at a weigh station in Brownsville TN. This is just east of Memphis on I-40 for having a pistol in their truck.

Does anyone know the law on this? I thought that if you have a permit, and had your companies premission, it was OK.

TN honors all states permits, so that should not have been a problem....

Any help appericated.
Link Posted: 5/2/2009 9:41:49 AM EDT
OK, I found out there is no federal law about carring in a commercial vehicle. Found that in writing.

I have read, searched, and checked the TN web site for over 2 hours, and can find nothing on carring in a commercial vehicle.

I have searched the web with google, and the answers on the web go both ways from LEO, DOT officers, and truckers.

Can ANYBODY find anything on the TN webpage so I can tell him facts, not just what we have been told.

It's funny how hard it is to find anything in writing.......
Link Posted: 5/2/2009 9:46:41 AM EDT
My first question would be: did they have carry permits?
If they did not have carry permits, well then theres your answer.

Link Posted: 5/2/2009 10:13:29 AM EDT
Link Posted: 5/2/2009 10:58:41 AM EDT
This sounds like what you are referring to.



http://news.tennesseeanytime.org/node/1693

THP Conducts Roadside Inspection in Haywood County
Released on Thu, Apr 30, 2009 - 2:09 pm under Safety
NASHVILLE ––- The Tennessee Highway Patrol placed 14 commercial vehicles out-of-service Wednesday, April 29, 2009, during a Roadside Inspection Checkpoint in Haywood County. The joint Roadside Inspection effort, in conjunction with the Tennessee Trucking Association, is designed to educate the industry on commercial vehicle safety and compliance with motor carrier laws. Industry representatives participated in Wednesday’s event.

During the Roadside Inspection at the Haywood County Scale complex in Brownsville, Tennessee, 38 percent of the 37 commercial vehicles inspected were placed out-of-service.  

“Roadside inspections in conjunction with the trucking industry contribute to overall highway safety by educating commercial vehicle drivers,” said Department of Safety Commissioner Dave Mitchell. “The Tennessee Highway Patrol conducts regular commercial vehicle inspections to give the industry a better understanding of THP enforcement of federal and state regulations regarding commercial vehicles and drivers.”

Two drivers were placed out-of-service, and one was cited for possession of alcohol and another driver was cited for possession of weapon in a commercial motor vehicle. During the inspection period, the Level 1 and Level 2 inspections found 21 out-of-service defects and issued 12 citations.

THP Colonel Mike Walker stated, “Roadside inspection events stress the importance of commercial vehicle safety. THP wants to ensure that large trucks traveling through our state are operating in compliance with state and federal laws, which makes the roads safer for everyone.”
Link Posted: 5/2/2009 10:59:43 AM EDT
I'm not worried about the ones arrested.

I just want to give my buddy something in writing that since he has his permit, he will be ok. AND I can find nothing that says that. I have looked every where and find people answering both ways LEO Lawyers, but no one says here it is in writing.. Eveyone just gives opinions. I would hate to tell him it OK, and him find his butt in jail.
Link Posted: 5/2/2009 11:23:54 AM EDT
[Last Edit: 5/2/2009 11:25:12 AM EDT by kennymc80]
I looked as best I can and don't know of any law against it. I have no idea what "possession of weapon in a commercial motor vehicle" violates, unless that is just what they referred to as unlawful possession of a weapon in that he had no permit and was in a commercial vehicle. Never heard of such a charge myself (the first one, not the second one), except by truckers.



Call the THP and ask. Worse they can do is give you a wrong answer.
Link Posted: 5/2/2009 12:45:03 PM EDT
Link Posted: 5/2/2009 1:41:57 PM EDT
[Last Edit: 5/2/2009 1:43:12 PM EDT by tankdriver]
Originally Posted By kennymc80:
I looked as best I can and don't know of any law against it. I have no idea what "possession of weapon in a commercial motor vehicle" violates, unless that is just what they referred to as unlawful possession of a weapon in that he had no permit and was in a commercial vehicle. Never heard of such a charge myself (the first one, not the second one), except by truckers.



Call the THP and ask. Worse they can do is give you a wrong answer.


This is the Feds stand on it......

Federal DOT

Question
Possession of Firearms in Commercial Motor Vehicles


 Answer
 Carrying concealed weapons is a matter of state law.  Your question can best be answered by the appropriate state government.  Links to state government web sites are available on: http://www.fhwa.dot.gov/webstate.htm

You may also want to contact the Federal Motor Carrier Safety Administration (FMCSA) field office nearest you.  To find the office nearest you, please consult the following web site: http://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.asp

To contact FMCSA Headquarters in Washington, DC, please see: http://www.fmcsa.dot.gov/about/contact/hq/hq.htm



Link Posted: 5/3/2009 2:31:10 AM EDT
I looked around and did not find it.  If he was arrested or cited then it will list the TCA code for the violation.  Find out what it is and post it.

Po-Po
Link Posted: 5/3/2009 5:37:14 AM EDT
[Last Edit: 5/3/2009 5:38:43 AM EDT by offuuu]
Best thing is call a lawyer. Your buddy may need one anyway.

My friend says he cant carry in a commercial vehicvle. I will ask him... I know his boss lets him carry anywhere...just not in commercial vehicle.
Link Posted: 5/3/2009 6:14:14 AM EDT
All I could find was that from a federal standpoint its up to the states to regulate how and if guns are carried.  There is no distinction between commercial or not.  So they may have violated the law in some way.


http://www.teamsterslocal638.org/news/CDL1.html



Most of the hits I got were on Ohio law and thats not relevent here.
Link Posted: 5/3/2009 5:22:54 PM EDT
Yep, I could find National, but TN does not say anything one way or the other.

Thanks for trying guys........
Link Posted: 5/3/2009 5:24:57 PM EDT
Originally Posted By policeman:
I looked around and did not find it.  If he was arrested or cited then it will list the TCA code for the violation.  Find out what it is and post it.

Po-Po


Wasn't him. He has a carry permit, and was not involed.

He jst asked me if he'd be OK with the carry permit. I told him I'd see what I could find out for him.

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