What Are A Truck Driver's Best Defense Against Possible Criminal Acts Against Them While On Duty?

"My OP wasn't really to argue about guns but to figure out effective solutions for driver's to be more secure from bad human types while on the job. I fear bad humans more than mechanical truck issues or wrecks."

And yet even after all our help, using humor, facts, logic and sarcasm he wouldn't listen to the clear implication that DON'T BE AN IDIOT AND YOU GENERALLY HAVE NOTHING TO WORRY ABOUT. I mean seriously, three million drivers and THEY'RE not packing. Why Mr Bailey are you so worried? So wound up that you won't even listen to the fun and love freely proffered here? What is your problem? Please get help, and don't take a job as a security guard. Someone will get hurt.

Not another 2nd amendment thread!!

Yup. Unfortunately...

Let me add to that; a fastly exploding thread. In more ways that one.

Truckers are much more likely to be killed by distracted driving, tired driving, aggressive driving or, perhaps in your case, hyperventilating.

LOL

Then you get into the issue of DOT being able to specifically search through your things. Which I'm pretty confident that they can't but I couldn't tell you for sure. While they are allowed to inspect your truck and cab I want to think they can't go into the sleeper and open up a back pack and look through it, any clarification on this would be appreciated because I've never been able to find an answer.

Two words: "reasonable suspicion." Any LEO, at any time, can stop you and search you, your home, your vehicle(s), your luggage, your grocery bags, or whatever just by uttering those two magic words. And there isn't thing one you can do about it, except to be as polite and cooperative as possible and maintain your composure. (Something I suspect the OP of this whole thread would be completely incapable of.)

Now, that's not to say that every time you get pulled in for an inspection the guy is going to get out the flashlight and nitrile gloves and start poking through your dirty underdrawers looking for contraband. Just that, if he wants to ruin your day for whatever reason, all he has to say is "reasonable suspicion" and he's got his Golden Ticket. Is it right, just, or fair? Of course not, but there are a whole lot of other things in life and in trucking that fall into the same category.

Darn. Studying for HM endorsement and missed the thread. In california, if you have your license over a year and want to add endorsement, you have to take all the tests again. Sucks. Oh well, back to the high road.

Then you get into the issue of DOT being able to specifically search through your things. Which I'm pretty confident that they can't but I couldn't tell you for sure. While they are allowed to inspect your truck and cab I want to think they can't go into the sleeper and open up a back pack and look through it, any clarification on this would be appreciated because I've never been able to find an answer.

Two words: "reasonable suspicion." Any LEO, at any time, can stop you and search you, your home, your vehicle(s), your luggage, your grocery bags, or whatever just by uttering those two magic words. And there isn't thing one you can do about it, except to be as polite and cooperative as possible and maintain your composure. (Something I suspect the OP of this whole thread would be completely incapable of.)

Now, that's not to say that every time you get pulled in for an inspection the guy is going to get out the flashlight and nitrile gloves and start poking through your dirty underdrawers looking for contraband. Just that, if he wants to ruin your day for whatever reason, all he has to say is "reasonable suspicion" and he's got his Golden Ticket. Is it right, just, or fair? Of course not, but there are a whole lot of other things in life and in trucking that fall into the same category.

Reasonable suspicion is a hunch without evidence and does not give an LEO the right to a search or seizure.

You might be thinking of probable cause or plain sight. Which would mean they have facts or evidence, something more than a hunch to believe a crime has been committed.

Kirk wrote:

Reasonable suspicion is a hunch without evidence and does not give an LEO the right to a search or seizure.

You might be thinking of probable cause or plain sight. Which would mean they have facts or evidence, something more than a hunch to believe a crime has been committed.

That may well be true Kirk, however your "employer" can search their truck at any time, without probable cause because it's their property.

I know of no carrier allowing firearms on their trucks. I know of no shipper or receiver allowing firearms on their property. Have you ever rolled up to a shipper and seen a sign; "firearms welcome"?

Carry and conceal at your own risk. That's the bottom line; you know the rules, you know the law, and should know the inherent risks if you choose to defy all that is written.

Kirk wrote:

Reasonable suspicion is a hunch without evidence and does not give an LEO the right to a search or seizure.

You might be thinking of probable cause or plain sight. Which would mean they have facts or evidence, something more than a hunch to believe a crime has been committed.

That may well be true Kirk, however your "employer" can search their truck at any time, without probable cause because it's their property.

I know of no carrier allowing firearms on their trucks. I know of no shipper or receiver allowing firearms on their property. Have you ever rolled up to a shipper and seen a sign; "firearms welcome"?

Carry and conceal at your own risk. That's the bottom line; you know the rules, you know the law, and should know the inherent risks if you choose to defy all that is written.

I've been to places with the "No Firearms" sign and I've also been to places where they don't have one, both shipper and receiver. Most of our receivers are hardware stores.

Where I went for my DOT Physical, they had a "Firearms Welcome" sign though.

I'm not cynical about it, I've got no problem leaving my firearm home, but honestly it shouldn't be that way. And there is a lack of law on the matter in my opinion.

I've been to places with the "No Firearms" sign and I've also been to places where they don't have one, both shipper and receiver. Most of our receivers are hardware stores.

Where I went for my DOT Physical, they had a "Firearms Welcome" sign though.

I'm not cynical about it, I've got no problem leaving my firearm home, but honestly it shouldn't be that way. And there is a lack of law on the matter in my opinion.

As I keep repeating - there are NO LAWS that specifically prohibit personal firearms in a CMV - neither state nor federal. STATE LAW applies to CMV's the same as 4-wheelers.

As far as laws allowing employers and property owners (shippers/receivers) to prohibit weapons on THEIR PROPERTY (and the truck IS their property), there is plenty of case law all over the country, to support this.

Florida (for example - since I keep up on home state law more than other states) passed a law allowing employees to leave their gun in their CAR on company property, but upheld the employers right to prohibit weapons in the workplace. And if an employer has signs prohibiting weapons, or it's in the employee/company policy manual and you carry onsite - you can be fired with cause (no unemployment).

Your employer (trucking company) has a right to search THEIR PROPERTY (your truck) anytime they want to. Any place that has "Vehicles Subject To Search" signs can search also - once you drive past that sign, you have given them "informed consent" to do so.

Vehicle searches get a little shady - depending on where you are. COMMERCIAL VEHICLE SEARCHES though, are pretty much a free for all, as LEO's are allowed to "inspect", including the interiors. There's no reason to worry about a gun onboard (as long as it is where it is PERMITTED by that states laws). States that are screwy about it (BLUE STATES for the most part, go figure) tend to also be screwy about bad searches too. And if you are rolling through NJ, and they find a firearm in the cabin - YOU WILL GO TO JAIL (unless you have a NJ permit).

NJ Supreme Court (awhile ago) found that GRATEFUL DEAD STICKERS on a car, constituted "probable cause" for a search (VA did also). LEO's would know when The Dead were on tour, and grab hippie-mobiles as they were passing through. In VA, when 95 had tolls - the TOLL BOOTH OPERATORS used to call ahead to the troopers to clue them. That's why I never had stickers on my vehicles.

There's a FEDERAL LAW called "Interstate Compact" that allows gun owners to travel through states where they are not legal, with the gun "securely encased" and inaccessible to the passenger compartment (kind of hard to do in an SUV or Tractor). Most states in the NE IGNORE THIS and WILL ARREST ANYWAYS (NJ, NYC, MA are FAMOUS for this). While you may (eventually) beat the charges, you still got arrested, towed (and you REALLY don't want to add TOWING to your company offenses - probably go down as "abandoned equipment" on your DAC).

There are so many different laws for each state - and SO MANY STATES we have to drive through, that are NOT GUN FRIENDLY - the risk of having a legal incident in ones of those states GOES WAY UP. Is it WORTH THE RISK?

There's a facebook group called: Truckers Lives Matter - that is trying to lobby for firearms reciprocity for truckers (which would be similar to CCW reciprocity bills that are currently in congress right now). Even if Congress did pass some reciprocity so truckers could travel from state to state without fear of LEO - THIS STILL DOESN'T CHANGE COMPANY POLICY.

And like it or not - the TRUCKING LOBBY is way stronger than a bunch of truckers. WHATEVER THE REASON that companies prohibit weapons (liability, safety, whatever) they are WELL WITHIN THEIR RIGHTS TO DO SO. And those rights as they apply to the 2A, are going to override OUR RIGHTS to possess firearms on the COMPANY PROPERTY WE ARE DRIVING (regardless of whether or not it's OUR HOME ALSO).

Rick