‘Mike’s Law’: National ‘Business Carry’ Draft & Petition

Small Business in Transportation Coalition

(Click link to sign petition)

Under the Fourteenth Amendment to the United States Constitution, American citizens are guaranteed "Equal Protection under the Law.” The Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction.  However, American Citizens engaged in interstate commerce are routinely discriminated against in that they do not enjoy the same protections as those citizens engaged in other occupations like office workers who can return to the safety of their homes each night.

 While many American citizens currently enjoy the right to carry concealed weapons in their home state, some states and cities deprive them of the right to protect themselves and the high value cargo they are transporting while working in interstate commerce outside of their home state. American citizens should not have to sacrifice their personal safety and their family's financial security in order to deliver products to their fellow citizens in other states.

 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 not solely WITHIN that state. In essence, there should be a Federal Business Carry permit issued by the ATF that supersedes and preempts states' laws and their right to regulate the carrying of guns. The states should not be allowed to interfere with interstate commerce in this manner.

"Jason's Law," named after Interstate Truck Driver Jason Rivenburg, who was murdered in his truck while parked in an abandoned gas station in 2009 during an interstate shipment from Virginia to South Caronlina, was passed as part of the Moving Ahead for Progress in the 21st Century Act in 2012 and authorizes funding for safe truck parking. Nonetheless, five years after Rivenburg's murder, history repeated itself as Indiana-based Interstate Truck Driver Michael Boeglin was gunned down in Detroit in June of 2014, leaving behind a new wife and unborn child.  But make no mistake: these are not isolated incidents. According to the Federal Bureau of Labor Statistics, truck drivers are one of the most dangerous occupations in the United States.Small Business in Transportation Coalition

 The SBTC is a network of transportation professionals, associations, and industry suppliers that is on the front lines when it comes to issues that affect transportation professionals in small business. We seek to promote and protect the interests of small businesses in the transportation industry.  We believe it is clear that Congress needs to take action to enable American Citizens to defend themselves while transporting goods across state lines. Such interference by certain states with interstate commerce is unlawful and Un-Constitutional under the American theory of Federalism.

The SBTC therefore calls on Congress to remedy this situation before more lives are lost by passing enabling legislation directing the Bureau of Alcohol, Tobacco, Firearms and Explosives to develop and implement a Federal Concealed Firearms Business Carry program that preempts states from regulating the carrying of firearms through states and their political subdivisions.

SEC. 9999. AMERICANS WORKING IN INTERSTATE COMMERCE PROTECTION ACT (“MIKE'S LAW”).

(a) IN GENERAL.—It is the sense of Congress that it is a national priority and in furtherance of interstate commerce to enable United States citizens over the age of eighteen working in interstate commerce who-- by virtue of their work away from home outside their home state of residence— have a bona fide need to protect themselves against unlawful deadly physical force while temporarily in transient status to protect themselves in accordance with their Second Amendment right to bear arms.

(b) FEDERAL BUSINESS CONCEALED CARRY FIREARMS PERMIT—

(1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Attorney General shall, through normal public notice and comment rulemaking by the Bureau of Alcohol, Tobacco, Firearms and Explosives, develop and implement a Federal Business Concealed Carry Firearms Permit Program for United States citizens over the age of eighteen engaged in interstate commerce which—

(A) enables United States citizens over the age of eighteen working in Interstate Commerce to apply for a business concealed carry firearms permit from the Bureau of Alcohol, Tobacco, Firearms and Explosives that grants limited Federal authority to carry concealed firearms from one state to another state or through a state, while duly engaged in the performance of their work duties;

(B) establishes the qualifications, application fees, firearms proficiency training requirements and standards, restrictions, and general eligibility to be issued such a permit;

(C) provides for a mechanism to monitor and evaluate the permit program.

(2) APPLICATIONS.—Applications shall be made available to the public and accepted through the Bureau of Alcohol, Tobacco, Firearms and Explosives’ website.

(3) PRIVACY— Personal information disclosed in connection with permit applications shall be handled in accordance with The Privacy Act of 1974, section 552a of title 5, United States Code.

(3) PERIODIC UPDATES.—The Attorney General shall update Congress on the progress of the permit program biennially beginning no later than 42 months after the date of enactment of this Act..

(c) FEDERAL PREEMPTION.—Pursuant to the Supremacy Clause of theConstitution (U.S. Const. art. VI., § 2), no state or political subdivision of a state shalldeprive a United States citizen of the rights and privileges granted by this Section nor otherwise deprive a United States citizen “equal protection under the law” guaranteed by the Fourteenth Amendment or enact or enforce legislation regulating the number of rounds a gun owner is permitted to load into his magazine while carrying a firearm in furtherance of interstate commerce and pursuant to this Section.

(d) ENFORCEMENT—The Attorney General shall accept and investigate” pattern and practice” civil rights complaints filed by United States citizens against any law enforcement agency of a state or political subdivision of a state for violation of this Section pursuant to section 14141 of title 42, United States Code as the Attorney General deems just and proper.

It all sounds good, except for the fact that it is going to have sooo much red tape attached to it! This will be hung up for so long, dragged thru so many committees and etc. It should be allowed and even if it is then what are you going to do with the weapon when your company doesn't allow it on it's property? or the customer ? I think that it will probably be easier to have your own drone with 50cals hovering over your truck while driving, it ain't touching you. Hey, all the power to em! Keep up the good fight!!!

Interesting - but I still don't see how it's going to trump "company policy", for trucking companies, shippers & receivers. What the bill is lacking, is an "anti discrimination clause" that forces said trucking companies/shippers/receivers from preventing individuals "duly licensed" under the bill from carrying due to company policy - and preventing the firing of those individuals that do carry under this bill (in contravention to company policy).

Florida (for example) passed a law a few years ago - prohibiting employers from discriminating against employees who choose to keep a firearm in their vehicles (on company property). While employees must still respect the employers wishes INSIDE the workplace, the law (and subsequent appeals to the FL. Supreme Court), determines that otherwise legally armed citizens may leave their firearms in their cars when they go into their workplace.

This still isn't going to fly though - the "Federal Preemption" clause, doesn't trump the states 10th amendment rights to regulate within their own borders.

Keeping in mind that there already is a "federal preemption" (Interstate Compact) that allows for the transport of personal firearms (properly secured and unloaded) through jurisdictions, that is routinely ignored by MD, NY, NJ, MA and other states. At the PD's discretion, they will lock you up, charge you, you have to bond out, hire a lawyer and go to trial.

This could cut two ways.

Many "gun-folk" supported the "Concealed Carry Reciprocity Act" that was introduced along with the flurry of GC laws right after Sandy Hook. The rest of us saw this as a "federal registration program", as most CCW states have privacy provisions that prevent the feds from getting "lists" of CCW holders (who would all be assumed by that virtue of being firearms owners).

Much as this would be interesting to see - as would a federal CCW good in all 50 states - you just can't trump the rights of states and private companies, to regulate behavior in their respective jurisdiction(s).

The bill is lacking a number of "necessary provisions". The "lead time" for BATF on Class I/III applications is currently horrible, so I don't see how the enactment of this bill would make things any smoother at BATF (absent a concurrent funding amendment).

So - we can sign all the petitions we like - but the number of variables involved (just some of which I outlined) aren't going to be overcome, to the point where states & companies can be compelled to allow drivers to carry firearms.

And don't get me wrong - as a CCW/Daily Carrier for 20+ years, I'd love to see drivers gain the privilege of "lawful self-defense" in their trucks. But I just don't see this, as the method it's going to happen.

Rick