Truckers Call for Second Amendment Right Nationwide During Emergency

Courtesy Dean Weingarten

U.S.A.-(Ammoland.com)- A group of small business truckers has sent an email to the Department of Transportation Secretary Elaine Chao. The email asks that, as part of the national emergency involving the Chinese virus, the federal government declare the Second Amendment overrides state law and federal regulation forbidding truckers from exercising their Second Amendment rights.

From transportationnation.com:

The 15,000-member SBTC is calling on federal authorities to preempt state and local laws regarding the right to carry a firearm.

Therefore, in accordance with the Second Amendment to the United States Constitution, we hereby request the U.S. Department of Transportation please issue a preemption order nullifying any and all state and local laws that restrict truck drivers from carrying firearms across state lines throughout America in order to enable them to protect themselves and their cargo as they engage in interstate commerce.

As this is now a matter of life and death, please issue same forthwith.

“The SBTC through its TRUCKER LIVES MATTER campaign has sought the unfettered ability of drivers to carry firearms for self protection nationwide since its inception in 2014,” Lamb tells Transportation Nation Network (TNN).  “We have pointed to Department of Labor statistics that show the unusually high rates of murders on the road for workers in interstate transportation.”

This is a valid argument.  It is vital that trucks keep delivering everything society needs to keep operating during the emergency. During social unrest, there will always be an element attempting to take advantage of the situation.

One argument between those who want the population disarmed and those who believe the population should have easy access to arms is a small scale, utilitarian one.

People who are voluntarily unarmed have a psychological interest in promoting the idea that having a gun makes a person less safe, and that having a gun has no utility in preventing crime. It reassures them they have made the correct decision by deciding to be unarmed.

It is a difficult argument to make rationally persuasive. Weapons would not exist if they did not provide the possessor with an advantage over the disarmed.

The fallback position, for those who wish the population to be disarmed, is to claim only intensely trained and supervised individual, such as, supposedly, police and military personnel, can gain benefit from being armed.

However, people who have passed through the legal hoops required to obtain carry permits, commit far fewer crimes than do the police. Police tend to train more with firearms than do most military (as difficult as that is to believe).

Commercial truckers go through a similar background check process as do most concealed carry permit holders. Truckers are especially vulnerable to violent crime because of their vocation.

It would be a good test case for the Trump Administration to declare, during this emergency, the exercise of Second Amendment rights by commercial truckers (whose licenses are federally supervised) overrides state powers to regulate firearms. This argument would be bolstered by the power of the federal government to regulate interstate commerce, as granted by the Constitution.

Those who have lived by the abuse of the interstate commerce clause for decades would be feeling the other side of the blade.

It would be a good policy. It would be good politics.

It would be immediately challenged in court. It would send a good message to the appeals courts, and the Supreme Court.

It combines utility, emergency powers, the Second Amendment and the Commerce Clause. It would be nearly irresistible for activist district court judges. It would be difficult for the appellate courts to ignore. Such a combination would be very difficult for the current Supreme Court to ignore.

It would not be perfect. Perfect is the enemy of the good, because, those who insist on perfect prevent the good from ever happening.

Such an emergency proclamation would be a double-edged dagger pointed at the heart of the arguments against the exercise of Second Amendment rights.

Will it happen? I suspect not. It is not on the radar of the Trump administration.

 


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

69 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
hoss

Now is the time. If Trucks don’t move America stops. I am a retired driver with more than a million commercial miles under my belt, not that it makes any difference, but I’ve seen what can happen when truckers stick together. It’s been a long time coming for trucks to be recognized as a residence, therefore designating what we the truck drivers of America have know for decades, and that is we should have the same right to defend ourselves when in our trucks as anyone else in their homes, because after all when on the road the truck is… Read more »

m r c

HOSS did u retire from baskin n robbins

Knute

Or pine cones. Make sure to instruct them that they do a better job if they rub them against the grain!

Drawer22

Knute – Sounds painful, especially when a pinecone rubbed against the grain catches a hemorrhoid!

Tionico

a short grasshopper jump. Friends of mine are a familly of coffee producers in El Salvador, beein at it for five generations (and theyHAVE figured some things out, their coffee is amazing). They tell me that the steamship company is reponsible for getting the empty sea freight can to their warehouse, get the coffee loaded and counted, and then getting the can back to the seaport and aboard the ship, and to the port in the destinatin country. The Steamship line supplies THEIR carefully vetted driver,and a well trained armed guard. Since that is not enough, two of the family… Read more »

Dave in Fairfax

Hoss, I was a bed bugger for a time. How come I keep hearing Convoy playing in my head.

MICHAEL J

Truckers are the lifeblood of the nation. They need to be protected at all costs.

TNJEWBOY

Truckers are the lifeblood of America. Politicians, Bureaucrats, Elitists and Lawyers are the clots.

UncleT

This isn’t just about each state but, cities, counties etc. Also, most company’s policies are not allowing drivers to be armed or they will be terminated. Drivers home away from is their rigs and it’s unconscionable how truckers or anyone else is deprived of their natural rights to self defense. They all need repealed. Short story, I was held up at gun point in the Bronx NY, luck would have it, NYPD comes around the corner, the thugs ran, Waved over the NYPD, told them I was just held up with guys with guns but they didn’t get anything before… Read more »

ColdeadHands75

You should NEVER lose your 2ND Amendment rights just because you crossing into another state! I work on the road traveling from Jobsite to Jobsite as an engineer. I HATE having to look up if I can carry a firearm or not and all the other BS that goes into carrying a firearm in a different state.

Asltrfl

It really sucks to be out of Federally Mandated driving hours and have to pull off an exit ramp in the middle of NOWHERE, and sit there for a Federally Mandated 10 HOURS before we can drive again. ALL trucks now have Federally Mandated ELD’s in the cab, that are uplinked through Cell Towers and Satellite. Theses Electronic Logging Devices monitor EVERYTHING we do, they are always ON. They are tied into the trucks 100+ computer modules. The company Brass and the Feds can access info anytime. They know your exact location, direction, and speed, if your seatbelt is on,… Read more »

PMinFl

” if it saves just one life” glad I had to retire ( for the children). Use any excuse you wish ,big government is not your friend.

Vanns40

I disagree with the entire premise that one class of people’s lives are more important than another. With no disrespect intended, trucker’s lives are no more important than mine or my families. What’s good for one is good for all.

I’ve maintained for a long time that if you truly want to restore freedom repeal ALL restrictions on arms in this country. Yes, all, every single one of them and simply enforce the laws we have against rape, robbery, assault and murder with or without any weapon. To do otherwise simply invites class warfare.

Wild Bill

@Vann, I think that framing the issue as “truck drivers’ lives are no less important than stay-at-home peoples’ lives” will get us farther in pursuit of our Second Amendment Rights. Just a thought.

Wild Bill

@OV, Just don’t let the Samster do the navigating!

Finnky

@OV – Just don’t let “johnny law” catch you napping while Sammy drives. 🙂

PMinFl

only problem with that is that the democommies think if we can do it to truckers we can do it to all, you’re no more important.

Tionico

Yu don’t think that truckers’ lives are “more important”? Cosider what WILL happen to the US if ALL commercial truck drivers parked their rigs for 36 hours, right where they are. I grew up in So California, and we learned that in Mexico, the cruckers were all idependent owner/operators. Government controlled fuel prices, each driver/rig hauled what they did, and paid their out of pocket to own, maintain, feed, operate their rig. Busses operated on the same basis. Guillermo OWNED the piece of equipment he drove, a d every peso his rig had to eat was one less peso he… Read more »

Wild Bill

@Tio, Trucker drivers as working persons are more important than teachers of Muggle Studies, but Joe (the trucker) is the peer of Alicia (the college professor).

Drawer22

Vanns40 – I agree with your Comment in principle. However, as I understand it, the point of the article is that truckers, as a group of those essential to the materiel we, as a nation, need for survival (particularly in cities), have the leverage: “Let us have our guaranteed Constitutional right to assure our safety, or nothing on the road moves to provide others with food, ventilators, medicines, building supplies – nothing!” In this manner, truckers can be the tip of the spear for the rest of us peons who wish to assure our own safety and that of others.… Read more »

mobilemail

This would be especially beneficial to the truckers (and hopefully the travellers) in Illinois, where concealed carry is forbidden at the interstate rest stops. (Yes, stupid, I know…)

American Patriot

Now would be the best time ever to stop ALL trucking in there tracks & have congress pass a law for carrying across state lines. Hold them hostage like the liberals do. A little sacrifice for some for justice for all.

Laddyboy

I as a LEGAL LAW ABIDING American CITIZEN not only have the Truckers’ able to DEFEND themselves no matter where they happen to be in America, but also EVERY American CITIZEN. I as a LEGAL LAW ABIDING American CITIZEN want the Second Amendment to be HONORED as a RIGHT – – not a privilege. I want Constitutional Carry to be enabled all across America.

Finnky

@LB – Unfortunately we are treading in the world of politics, where “the art of the possible” is king. Gun banners keep trying to get little bites, we need to bite back. If majority of truckers are armed and are causing no issues, how can people who look down upon truckers continue rationalizing restrictions on those they consider equals?

PMinFl

I was a trucker for 41 years, people who “look down” on truckers are the same smug people who look down on gun owners. To use an old phrase Their shit don’t stink”.

Deg4u

AMEN!!!

KenW

My father drove a truck for a few years when we were kids. He worked for Mayflower at first and then I assume for himself or maybe some shipping company upstate NY. When he worked for Mayflower they were sent down and he acquired a NYS Carry Permit, we lived on Long Island at the time. His permit was good for life, we had his permit but seem to have misplaced it. Even back then, the 1950’s, you could not bring an unregistered firearm into NYC, his permit was not recognized there either. I do know that he had his… Read more »

Finnky

@USA – As Dean said “perfect is the enemy of the good”. Remember elites look down on truckers as near the bottom of blue collar workers. Forcing them to accept armed truckers (as if a >100k lb vehicle isn’t deadly enough), and seeing how few crimes these truckers commit would go a long way towards opening eyes to unreasonableness of broad restrictions. Can you imagine propaganda value of a trucker fending off hijackers in order to deliver a cargo of ventilators or other medical supplies – sounds like something straight out of “Mad Max”, but could easily be reality. Many… Read more »

PMinFl

Truckers are ( or were) classified by government as “unskilled labor”. SUCKS !

Darkman

Simply stop at the state line of the offending state and proceed no farther. Especially if the load is of a critical nature. if enough people refuse to deliver critical loads.Even for one or two days. The message will be heard loud and clear. ” Never let a crisis go to waste” Rahm Emanuel. When wanting to press forward an Agenda.

Knute

Here’s hoping that those states being driven around, also cease being driven INTO. One wonders how long CA and NYC would keep up their bans on self defense if every trucker just said: “OK. I no longer take loads going to those places. Too dangerous”.

Darkman

As a former truck driver of 15 years. I can tell you there aren’t many alternative drivers out there. The turn over rate in the industry is 84%. Because people think it is an easy job. They run off to Truck Driv’in School for their 6 weeks training. Then at least several months of team driving. Most never last past this point. Driving a long haul rig is hard ass work. With a lot of hassles and frustration on top of it. Most companies have been begging for drivers for the last 10 years. As the “Old Timers” are getting… Read more »

Knute

You said it USA. Life is having some cows of your own that come a’runnin’ to get milked when you whistle. And then chow their oats while they give you cream and cheese and butter and sour cream and…. oh shit. My mouth is watering again. Gotta stop talking about food!
MMMMMM Pecan Pie…………. 🙂

Knute

That’s whats for dinner tonight. We’re having T bones and baked spuds. No corn on the cob, grilled in their own shucks, but we’ll get by. We’re used to hardship… 🙂

Wild Bill

@Knute Knute, Attack their supply lines. I like it!

Tionico

I know drivers that refuse loads destined for certain Democrat run cities. If those loads are on the roster, they will just not choose them.

Tionico

Friend of mine drives long haul, owner operator. I asked him one time about whether he carries his handgun. He said no, because some places he has to go would arrest him for even having it anywhere in the truck. Then he said I DO carry a firearm, its not as handy as a handgun but I have checked and it is legal in all fifty states. I asked him what it was… he showed me his M1 Garand. I about died laughing. He keeps it in the sleeper, but its accessible from the driver’s position. Large pass-through. He does… Read more »

Heed the Call-up

An actual weapon of war….

Gdubb

The truckers I know have all taken the law into their own hands weeks ago. All rules go out the window during an emergency. Besides, Americans do not need to ask to exercise a right anyway.

SoSueMe

I’m really confused. When did “shall not be infringed” turn into “mother, may I?” No citizen of this Republic needs permission from government at any level to keep and bear firearms of any type, size or capacity. The Constitution says so…

Dr. Strangelove

One of the worst kept secrets in the world is that a lot of truckers have guns. This reputation is what keeps us from becoming easy pickings for every petty criminal out there.

Finnky

@OV – ??? I’d just rather be hit with a 9mm going 800 mph (1200 fps) than a semi going 60 mph. I have great respect for destructive potential of such massive vehicles. Have even more respect for drivers who continuously demonstrate ability to safely operate them. I recognize that driving such rigs is far from automatic, requiring a responsible and alert human being to be in control. Call it fear, respect or common curtesy, but I always give them space and communicate when lane changes are safe. Maybe you’re referring to driverless Tesla trucks? I’m not fond of them,… Read more »

Wolf

The politicians only have the power that we give them. They forget they work for us not the other way around.

Wild Bill

@Mystic Wolf, True, and having said that we have some real juice around here until the election. We just have to use it. The day after the election, the politicians won’t need us again, for a couple of years.

Ej harbet

Sadly i think mr Weingarten is right! Its not on trumps radar and unless theres a uptick in attacks on truckers it never will be! Trump does just enough to not draw our wrath upon him.that being said his judges will slowly restore our rights from some infringements over time

TheRevelator

@V12Guy harbet

Only if he is forced to nominate good judges, and not his additions….

That being said, they do not have the power to “Restore”, they only have the power to voice opposition to violations of what is in the constitution, not the ability to legislate or dictate.

Dr. Strangelove

Freight theft is up in some areas, even before the coronapocalypse.

gooder12

They are gonna carry no matter what just as I do, but give them the green light so local LE can wave them on with no questions asked. Now on the rest of this idea, I want National Carry. I challenge those that say they are on the Right to get er done for all of USA. You should also challenger them as I think the right is blowing smoke. While we are at it how about the right and the left get it done, and then lets add No More Gun Free Zones in almost every Government Building in… Read more »

My dad's son

There’s been a lot of “without trucks, America stops” comments out there recently. In a small way, it’s nice to be recognized, but we’re all important parts of an organic machine. While the stoppage of transportation would be felt immediately, we’re no more important than the clerks, sanitation engineers, Leo’s, etc. (Sorry if I left anyone out, lol.) A failure of any part of the machine will have a cascading effect. Don’t thank me, pay me. Don’t help me, get out of my way. I’ll do my best and expect you to do yours as well. Capitalism builds organic machines… Read more »

Finnky

@MDS – I see talk of impact a truckers’ strike would have. I think a truckers’ strike would give a huge boost to tesla and their driverless trucks. Believe they’ve already got a prototype running on the road, in event of a prolonged truckers’ strike federal and state laws would see immediate revision and DOTs would fall over themselves to approve driverless trucks for widespread use. Few of us are immune to impacts of automation, especially white collar jobs being replaced by AIs. Not that it’s a bad thing, in most cases I’d prefer to see machines doing the dangerous… Read more »

Knute

And rain and fog and mountain passes and blizzards in North Dakota and on and on and on… Driving requires judgement, and not just following a set of rules. Machines are good at following set rules, but when judgement is required… well, they’re out to lunch because they have none.

RoyD

It seems a workable and positive thing on the face of it.

Ansel Hazen

T2SDA!

Opii

“take guns first, due process second.” – Donald Trump

I wouldn’t hold my breath for this being addressed.

Knute

“6. It is not worth to say anything about how long a time they will be kept waiting for this return of their liberties…” -Protocols of Zion #11, paragraph 6

Ej harbet

Make that 1 thumbdown after i minus the second! Trump did say this! Yes he’s a lot better than hillary but he’s no alan gottlieb or neil knox!

TheRevelator

@V12Guy harbet

There are those who hate the truth being pointed out, if for no other reason than that they feel guilty about their own cowardice or stupidity in light of what they knew or were informed of before.

When this happens, and evidence is presented that runs contrary to foolish opinion, they attempt to defend the opinion instead of fact and truth, working diligently against those speaking the truth rather than admit they were wrong.

Wild Bill

@Eh, I guess that we are all somewhere on the big sliding scale.

Behind The Lines in N.J.

Look for all the BS hype about “OUR HEROIC TRUCKERS” to go right down the drain when this very reasonable request gets belly laughed at all the way to the gun-hating DEMOCRAT controlled Nancy Pelosi/Chuck Schumer Marbled Halls of No Balls. Guaranteed there would be a number of Re-pubics in there too. And of those of voted against National Reciprocity last time around, REMEMBER THEM ALL IN NOVEMBER . PS: Mitch McConnell did the 2A no favor either when he refused to post it for a vote when it last had a chance. Even if the chance wasn’t certain it… Read more »

KK

In addition to this EXCELLENT proposal – I declare the need to REPEAL ALL MAGAZINE CAPACITY RESTRICTIONS due to the NATIONAL EMERGENCY that dramatically INCREASES THE LIKELIHOOD OF CIVIL UNREST! It is a PROVEN FACT that reduced magazine capacity drastically reduces the capability to SUCCEED in successfully defending oneself and ones community. For PUBLIC SAFETY – ALL MAGAZINE CAPACITY RESTRICTIONS ARE NO LONGER IN EFFECT! . . . of course we all know, this is not about public safety. Times of emergency are always reasons to TAKE our rights that empower us – there are never decrees to empower the… Read more »

My dad's son

Old wives tale. Many companies forbid their drivers from carrying, but there are no federal regulations concerning being armed. The main problem is state and local laws.

Freeman7117

…and full auto guns too.

Deg4u

I think your right. Most company’s don’t allow drivers to carry but company I use to work for understood carry anyway. I did or else I would have turned down going to East Chicago Indiana on Friday night to be loaded on Saturday morning.

Freeman7117

The vast MAJORITY of the anti gun/2nd amendment/CONSTITUTION are socialists/communists lead by the democTRASH GANG of TRAITORS. Times like this show and demonstrate how important and vital is to keep our guns, especially when it is WELL KNOW THAT ALL THIS MAYHEM/TRAGEDY at GLOBALLY/NATIONALLY LEVEL THE DUE TO THIS VIRUS WAS INTENTIONALLY SET UP BY THE COMMUNISTS/SOCIALISTS REGIME OF CHINA, the one that the ANTI GUN SOCIALISTS/COMMUNISTS democTRASH are so good “friends”.

Trish

There is no federal law restricting truckers from carrying. Only restrictions are state by state and reciprocity of your ccw.

HawkThoo

deleted

tetejaun

ONCE AGAIN…Americans begging totalitarian communist democrats to exercise their Rights and Freedom.

How far America has fallen. Rights and Freedom are just not as important as a new iPhone, beer and bassetball. Americans will KILL each other for toilet paper, yet kneel to tyrants concerning their Right to keep and bear arms.

Truly, Americans believe government is master.
Americans are urinating in the faces of all the men & women that wore the uniform and fought for our Constitution and Freedom.

Shut up, tetejaun!….Pass the beer and Cheetos…….

KenW

No one here wants you to shut up, but your rants are not based on reality.

TheRevelator

@KenW
Yes.. He is a known liar and coward, and has been pulling the same crap since last summer.

Its ironic that he blames others for beer guzzling Cheeto munching laziness and cowardice, but he wont get off his own fat backside and do the actions he thinks others should be doing. If no one else does them first, then there is no one for him to use as a shield, so he comes here to whine and throw temper tantrums.