I often get the question: “Can a CDL truck driver legally carry a gun in the truck?”
Legal disclaimer. I am not an attorney and I am not providing legal advice. However, I do posses reading and comprehension skills and the laws of our nation are written so anyone can read and understand them. If you are unsure of this article, please do your own research.
After an exhausted search, I only found one federal law regarding Interstate Transportation of a Firearm. I assume this is what has perpetuated the myth that CDL drivers can not carry. Nothing in this law would prevent a CDL drive, or any other person legally able to posses a firearm, from carrying a firearm in the method described in the law. Unloaded, encased and not readily accessible.
My research show that CDL guidelines are issued by the Federal government to ensure uniformity across all states, however, the actual CDL is issued by the states themselves. The state of issue may enact their own laws or guideline for a CDL that are more restrictive then the federal guidelines but never less. Since each state has its own laws regarding firearms in vehicles, it would default to those laws for everyone. I would point out that the discussion applies to anyone able to legally posses a firearm and not just a driver with a CDL. Nothing I could find could reference any law stating otherwise or limited those with a CDL. However, an employer or owner of a truck does have the right to forbid firearms via policy.
A fundamental part of the legal system in our nation forbids a law from every trumping a right. The Bill of Right ensures you have the ability to bear arms and it would likely be unconstitutional for the federal government or state to remove that right because someone possessed a CDL.
In summary, the Feral laws states you can carry in all states if you firearm is unloaded, encased and not readily accessible. However, each state has it’s own laws regarding possession of a firearm in a vehicle and a person traveling through that state would be subject to those laws. A state may have a different laws for those that possess a Concealed Firearm Permit versus those without. Utah does not distinguish between the two and anyone can carry a handgun either loaded or unloaded (inside the vehicle and those legally able to posses a firearm).
TITLE 18–CRIMES AND CRIMINAL PROCEDUREPART I–CRIMES
CHAPTER 44–FIREARMS
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.
