TexasCHLforum.com

Here is the information that I just recieved

E-mail Question from Roger on 06/09/06:
R.J., I really appriciate your efforts to keep truckers informed on the laws governing them. Keep up the good work. Here is my question. I have a concealed handgun license in texas. My boss told me that you could not carry when you have haz-mat because it was a combustable item. he also told me you couldn\'t carry a cigerette lighter as well. He mostly referred to flammable liquids. I pull Tank trailers and am courious if he is right. I have not been able to find any such refrence in the CFR\'s. What\'s the real Deal? Thanks for your time and effort. Roger Howard


Answer under Federal (FMCSA) law as of 06/13/06:

Roger,
The Motor Carrier Safety Regulations does not address the issue of carrying a firearm in a commercial vehicle. That fall under ATF laws. So, if you have a CHL you are allowed to carry a concealed handgun in a commercial vehicle unless the motor carrier has a policy against it. You are also allowed to carry only in another state that has reciprocity with the State of Texas. Nothing prohibits you from carrying a firearm while transporting hazardous materials.
As far as carrying a cigarette lighter, the only prohibitions is from smoking upon or within 25 feet of a vehicle carrying explosives, flammable gases or liquids. See 397.13 attached below for a complete list of materials that when carried, driver's are prohibited from smoking upon or within 25 feet of a vehicle carrying these materials.
§397.13 Smoking.


No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of —

(a) A motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2; or

(b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which, when so used, was required to be marked or placarded in accordance with the rules in §177.823 of this title.




Thanks for the question. Hope this helps.

Sr. Trooper Monty Dial
Texas Highway Patrol
Commercial Vehicle Enforcement Division
Garland, TX 75043

G36Packer wrote:Would the sleeping portion of the cab fall under the RV=home exemption? If so would 30.06 notice apply?

I don't think the RV=home would apply. It is still a commercial motor vehicle not an RV. 30.06 would apply because it is still owned/leased by the company.

gigag04 wrote:I would think truckers are in more "high risk" situations than the majority of the average citizen. Sleeping in your cab alone at night at a truck stop hardly seems comforting w/o the ability to protect yourself.

What about long guns??

-nick

I would think that long guns would fall into the same catagory as handguns when it comes to big trucks. Either legal or not. Long guns would not be easy to carry in a truck. Remember we sleep and eat there as well as carry all our trucking equipment. storage is a premium. Yes, truckers are more high risk.

KBCraig wrote:This is one of those things that many people "know", yet I've never seen anyone cite a law banning carry in big rigs.

Kevin

I looked up the south carolina laws and it states that carry of a handgun is illegal except... in an automobile under conditions.
along with other acceptions. The point is that motor carriers are governed with a different set of rules than the average motorist. For example it is Illegal to have alcohol inside a truck unless it is your load, listed on a bill of lading.
As far a citing a law It will be necessary to check each individual state's laws. This is what I plan on doing and report what I find out here. Keep in mind that LEO's do not know all of the laws of the state verbatium. A driver in a big truck may be arrested out of ignorance. I still haven't heard back on the federal statutes covering motor carriers with haz-mat. I'll update this string as soon as I do.

I talked to a couple of South Carolina LEO's tonight and they were telling me that it was against state law to carry in a big truck here. I'll Be researching it. If anyone has Time to help me research State laws, I could sure use the help.

Just send me a pm or email.
Thanks

llwatson wrote:Roger - thanks for taking this on! I get questioned about this frequently in my classes, and quite frankly, I just don't know.

The most common questions are:

1. Does it matter if I cross state lines? Not interstate, just occasionally go to Oklahoma or new Mexico.

2. Does it matter what I am hauling? Hauling natural gas, does that change anything since it is under the jurisdiction of the railroad commission?

Let us know what you find out. And, again, thanks!

If there is no haz mat it falls under state and federal law (Title 18 926A.)This was clarified by Sr. Trooper Monty Dial of DPS. He is the state's resident "expert" on commercial vehicle law. He does alot of "Ask The Law" segments on my favorite truckers radio show on sirius. He also attends alot of the nation's trucking shows. It seems to me that the laws don't qualify guns on commercial vehicles. You are good in Texas. I'll be checking with other states to make sure though. Remember the rules are the same if you are 30.06'd in the employee handbook. That applies to all company property including their trucks. An Owner Operator is governed by the company rules of any one he/she is leased to. If he/she has their own authority (ICC regristration) then they are the company. Hence they make their own rules. Most owner operators lease on to companies. I still carry my pepper spray. It's legal everywhere. I'm still working on clarification on haz-mat

longtooth wrote:New area never explored here Roger. Should be interesting even for us that don't drive the big ones. Welcome aboard. Glad to have you.

Appriciate it. I have some legal resources for truckers that I sent an e-mail to. It will take a few days to get an anwser about the haz-mat

I am a commercial driver and have some CDL specific questions. So far I have found that Chl applies to Commercial Vehicles (class 4) the same as any other Vehicle. I have been told that the Hazardous Materials Regulations prohibit the carrying of firearms. I am currently on a quest to find out the anwser and will let everyone know what I find out. I guess I will become the resident CDL with a CHL expert since I want to know. Sr. Trooper Monty Dial of the Texas DPS has already informed me that IT IS LEGAL TO CARRY IN AN 18 WHEELER. I let you know when I find out more.


States I have checked.
Texas no statutes found against ccw in cmv
Virginia no statutes found