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by Jumping Frog
Sat Apr 20, 2013 10:25 am
Forum: New to CHL?
Topic: CHL with a CDL w/Hazmat?
Replies: 3
Views: 1800

Re: CHL with a CDL w/Hazmat?

As someone in the industry, let me state as fact that there are no federal DOT regulations prohibited being armed in a CMV. Hazmat cargo is immaterial.

Remember that you must follow state laws in what ever states you are driving (or transport in compliance with FOPA Safe Passage rules in intervening states).

For anyone who doubts this, it is easy enough to google "FMCSA Regulations" and do a regulation search for the word "firearm". Ten minutes will show you it is not against regulations.

Keeping in mind an over-the road driver who stays out for 4 to 6 weeks at a time hauling general freight usually does not know where their destinations will be a week or more into the future, here are the biggest pitfalls I warn that kind of driver about:
  • A driver could be on a load and find the consignee is properly 30.06 posted. Now, he cannot deliver the freight and remain legal.
  • A driver could find themselves assigned to a load with freight going to Chicago, California, New York, Maryland, etc. Now the driver is out on the road without options and facing felony risk.
  • A driver can find themselves delivering to a federal facility. Same problem. (I had one driver arrested at the Red River Army Depot near Texarkana after a truck search found a pistol). Some military bases allow a driver to check their gun at the base armory or have other base rules in place to deal with firearms. It varies by base and you need to check ahead of time so you are not arriving on base while armed with no clue.
  • Remember that FOPA Safe Passage is only an option when you are legally allowed to carry to possess the firearm in the state you start in and in the state you finish. If your trip concludes in one of the "problem" states, you are not protected under FOPA Safe Passage.
Basically, you are good to go as long as your consignee is not posted, you are not delivering to federal facilities, and you are not loading or unloading freight in one of the "hostile" states (CA, NY, IL, MA, CT, NJ, MD, etc.).

A short haul driver going on a regular delivery route where they travel the same stops every week is a lot easier to manage the risks, as compared to long haul drivers.

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