Two truckers file lawsuit to carry guns across state lines

[jdege]

https://www.thetrucker.com/trucking-news/the-nation/wheels-of-justice-two-truckers-file-lawsuit-to-carry-guns-across-state-lines
Wheels of justice: Two truckers file lawsuit to carry guns across state lines

AUSTIN, Texas — The Liberty Justice Center (LJC) has filed a lawsuit on behalf of two truckers arguing that Minnesota’s failure to recognize other states’ firearm permits violates the Second Amendment.

“Minnesota’s refusal to honor other states’ lawfully issued firearm permits places an unreasonable burden on the Second Amendment rights of individuals like Mr. McCoy and Mr. Johnson who regularly cross state lines in the course of their work,” said Loren Seehase, senior counsel at the Liberty Justice Center. “There is no other constitutional right that individuals are prohibited from exercising until they’ve obtained permission from the state. No one loses their right to free speech or freedom of religion by simply driving from Texas to Minnesota—so why should they lose their right to self-defense? We ask the court to intervene and require the state of Minnesota to honor nonresidents’ Second Amendment rights.”

[Sorcerer]

I’m just about certain of 2 things. Our Minnesota Attorney General will higher high buck out of state attorneys and the anti gun lobby will put big money in important places. Taxing Timmys arms will be flailing. Ok 3 things actually.

[crbutler]

Personally, I think MN is less of an issue than some others. We do recognize some others more or less.

IL, NY, NJ are bigger fish.

Hawaii would be interesting as well.

Their claim that the 2A doesn’t apply to them really deserves a severe SCOTUS and congressional slap down.

[Chunkychuck]

Hawaii would be interesting as well.

.

Not sure how you do interstate trucking in Hawaii.

[Rip Van Winkle]

Hawaii would be interesting as well.

.

Not sure how you do interstate trucking in Hawaii.

Be a neat trick.

[Lumpy]

Thank goodness we're safe for at least another four years from the Dems stacking the Supreme Court; the antis have pretty much said that Heller, McDonald and Bruen are to be overturned as soon as they can get their justices on the bench.

[Bearcatrp]

DOT regulations prohibit possessing a firearm while operating the rig. You can get a federal license to carry. But this was over 20 years ago. Not sure what changed since.

[Sorcerer]

Hawaii would be interesting as well.

.

Not sure how you do interstate trucking in Hawaii.

Be a neat trick.

Send it. Foot to the firewall. Full boost.

[crbutler]

Face it, the argument is that travel is a right and that one state’s legal permits should be recognized through the union like drivers licenses are.

It’s a reasonable argument. That they are driving for a living is an attempt to connect it to interstate commerce, although I don’t quite see how the carrying of a firearm is a part of the job (thus making it part of the commerce) and if bearcat is right, they just admitted to violating federal transport regulations which isn’t going to go well.

MN does allow certain jurisdictions permits that have similar requirements to be honored.

We will see what comes of it, but trying to force an issue that is better handled by legislation can have some very unintended consequences.

[Tom S]

DOT regulations prohibit possessing a firearm while operating the rig. You can get a federal license to carry. But this was over 20 years ago. Not sure what changed since.

There are no such DOT regulations.

Lots of truckers carry but most necessarily keep it discreet due to company rules or customer postings.

[xd ED]

DOT regulations prohibit possessing a firearm while operating the rig. You can get a federal license to carry. But this was over 20 years ago. Not sure what changed since.

There are no such DOT regulations.

Lots of truckers carry but most necessarily keep it discreet due to company rules or customer postings.

Possessing, carrying, & transporting have different meanings and legal specifications/ requirements. When and where one can carry a loaded, accessible firearm is not the same as where, and how one might transport a secured, unloaded, inaccessible firearm.

Guns in Trucks: What’s the Law? - CDL Legal.com

Federal Law:

The umbrella law that everyone points to on this question is the “peaceable journey law.” This is the way it reads:
“Sec. 926A. Interstate transportation of firearms: Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.” [TITLE 18[Section 926(a)]–CRIMES AND CRIMINAL PROCEDURE, PART I–CRIMES, CHAPTER 44–FIREARMS]

The federal law allows all drivers, including truckers to carry firearms but forces them to keep the firearm locked away and unloaded. (i.e. 'transporting') That was the simple part. Now it gets complicated......

...more at linked site.

[Tom S]

DOT regulations prohibit possessing a firearm while operating the rig. You can get a federal license to carry. But this was over 20 years ago. Not sure what changed since.

There are no such DOT regulations.

Lots of truckers carry but most necessarily keep it discreet due to company rules or customer postings.

Possessing, carrying, & transporting have different meanings and legal specifications/ requirements. When and where one can carry a loaded, accessible firearm is not the same as where, and how one might transport a secured, unloaded, inaccessible firearm.

Guns in Trucks: What’s the Law? - CDL Legal.com

Federal Law:

The umbrella law that everyone points to on this question is the “peaceable journey law.” This is the way it reads:
“Sec. 926A. Interstate transportation of firearms: Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.” [TITLE 18[Section 926(a)]–CRIMES AND CRIMINAL PROCEDURE, PART I–CRIMES, CHAPTER 44–FIREARMS]

The federal law allows all drivers, including truckers to carry firearms but forces them to keep the firearm locked away and unloaded. (i.e. 'transporting') That was the simple part. Now it gets complicated......

...more at linked site.

I understand this. I was responding to the previous poster about DOT regulations. There is NO DOT regulation that prohibits a firearm in the cab of a commercial vehicle.