Question About My CHL and My CDL...

[Patriot]

Hey All!

If anyone can help me, or direct me to the post(s) that are about this subject... I would REALLY appreciate it!

Here it is... I am a truck driver, haul Haz-Mat in TX, LA, MS, and AL. I am often having to stop in the middle of nowhere and have wished I had a gun with me for the "just in case" scenerio. Especially since hauling what I haul, I am a terrorists dream hijacking! So... I need to know if I am allowed to carry in my truck. It is a company truck, and I know they will allow on a case-by-case basis. But, does the Commercial Codes allow?

Again, if anyone knows, or can direct me to those that may... I would be grateful!

[KBCraig]

The law doesn't care what kind of vehicle you're in. There's nothing special about commercial vehicles.

Whether you choose to involve your employer in your decision process is up to you, but I'll point out that truck drivers are in demand. You can always get another job.

Chemical plants can be tricky, since many of them prohibit firearms and search vehicles both inbound and outbound, but you've got more experience with that than I do.

A commercial truck provides plenty of places to secure a good hidden gun box.

Kevin

[ElGato]

Roger Howard is well read on this subject, I'm sure when he see's your post he will have some answer's for you.

[Patriot]

Thanks ElGato & KBCraig,

I hope Roger will reply then, for sure! I did read some old post about Haz-Mat from him. Good info. Thanks again!

[kauboy]

...It is a company truck...

This would keep you from falling under the "Traveling" presumption in the Texas Penal Code, since one of the stipulations is that you be in a "private vehicle". However, that does not mean that you are forbidden from doing it. If you have your company's permission to "protect their cargo", then, in effect you are acting as a security figure and could legally carry a weapon to ensure the safety of the cargo.

I would wait for a few other responses before making your decision, but I think you will be fine.

[txinvestigator]

...It is a company truck...

This would keep you from falling under the "Traveling" presumption in the Texas Penal Code, since one of the stipulations is that you be in a "private vehicle". However, that does not mean that you are forbidden from doing it. If you have your company's permission to "protect their cargo", then, in effect you are acting as a security figure and could legally carry a weapon to ensure the safety of the cargo.

I would wait for a few other responses before making your decision, but I think you will be fine.

A company vehicle is a private vehicle.

[Braden]

Hey All!

If anyone can help me, or direct me to the post(s) that are about this subject... I would REALLY appreciate it!

Here it is... I am a truck driver, haul Haz-Mat in TX, LA, MS, and AL. I am often having to stop in the middle of nowhere and have wished I had a gun with me for the "just in case" scenerio. Especially since hauling what I haul, I am a terrorists dream hijacking! So... I need to know if I am allowed to carry in my truck. It is a company truck, and I know they will allow on a case-by-case basis. But, does the Commercial Codes allow?

Again, if anyone knows, or can direct me to those that may... I would be grateful!

I too have a CDL. If I recall correctly federal law prohibits the carrying of a firearm in a commercial vehicle. I believe I read that in the CDL handbook that was given to me when I took the test for the CDL. I can't seem to locate where I read that in the online book though.

[KBCraig]

I too have a CDL. If I recall correctly federal law prohibits the carrying of a firearm in a commercial vehicle. I believe I read that in the CDL handbook that was given to me when I took the test for the CDL. I can't seem to locate where I read that in the online book though.

Lots of people seem to remember that, but nobody has ever been able to cite any law supporting it.

[seamusTX]

Truckers call into Tom Gresham's Gun Talk radio show almost every week about this. He has a standing challenge for anyone to tell him the federal law or regulation that prohibits carrying weapons in commercial vehicles. No one has answered him.

FWIW. State and local laws and regulations at various premises still apply.

- Jim

[TxBlonde]

My husband is a truck driver, Texas you can carry in your truck and in LA your vehicle is an extension of your house. I would email the states and get them to reply that why if you run in to a rookie that is trying to make a name for himself you have some proof.


That is what i did for my hubby.

[Patriot]

Here's is a post I found from Roger Howard. This is VERY informative...

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

[TxBlonde]

Oklahoma honors all other state gun permits.
-----Original Message-----
From: Jennifer Wilson [mailto:txblonde2006@yahoo.com]
Sent: Sunday, August 13, 2006 11:16 AM
To: pio@osbi.state.ok.us
Subject: I have a Texas Concealed Handgun License



I drive an 18 wheeler and I was wondering if I can carry my handgun in my 18 wheeler in your State.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Randy.Fandal@dps.la.gov

Louisiana considers a vehicle as an extension of your home. Make sure their are no federal motor carrier regulations that may prevent you from carrying the weapon in a commercial vehicle.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dear Ms Wilson,

Carrying concealed weapons is a matter of state law. Your question can best be answered by the appropriate state government. Links to state government web sites are available on: http://www.fhwa.dot.gov/webstate.htm


You may also want to contact the Federal Motor Carrier Safety Administration (FMCSA) field office nearest you. To find the office nearest you, please consult the following web site: http://www.fmcsa.dot.gov/about/contact/ ... roster.asp


To contact FMCSA Headquarters in Washington, DC, please see: http://www.fmcsa.dot.gov/contactus/hq.htm

Sincerely,

Reference Services
National Transportation Library
Bureau of Transportation Statistics
Research and Innovative Technology Administration
U. S. Department of Transportation
~

-----Original Message-----
From: Jennifer Wilson (txblonde2006@yahoo.com)
Date: Monday, July 24, 2006 12:33 PM
To: dot.comments@dot.gov (dot.comments@dot.gov)
Subject: Firearms

Can a driver of a Commercial Vehicle carry a Fire arm with them if they have a Concealed Handgun License in the state that they are traveling? For instance in Texas & Oklahoma?


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

AS long as you are license and it is still valid then YES you can..



--------------------------------------------------------------------------------


From: Jennifer Wilson [mailto:txblonde2006@yahoo.com]
Sent: Sunday, August 13, 2006 10:57 AM
To: CHLS
Subject: Carrying in an 18 wheeler



If I am licensed in the state of Texas with a CHL can I carry on my 18 wheeler? I am curious because sometimes I carry large amounts of money with me.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Jennifer: We will honor your concealed handgun license in Arkansas. However with out the concealed handgun license the gun would have to be secured (packed away) and unloaded.



Monty Pride

DL/CDL Coordinator

Highway Patrol Administration

501-618-8810

[Jacob Staff]

If you cross a state line, be sure you follow the new state laws.

[Roger Howard]

Hey All!

If anyone can help me, or direct me to the post(s) that are about this subject... I would REALLY appreciate it!

Here it is... I am a truck driver, haul Haz-Mat in TX, LA, MS, and AL. I am often having to stop in the middle of nowhere and have wished I had a gun with me for the "just in case" scenerio. Especially since hauling what I haul, I am a terrorists dream hijacking! So... I need to know if I am allowed to carry in my truck. It is a company truck, and I know they will allow on a case-by-case basis. But, does the Commercial Codes allow?

Again, if anyone knows, or can direct me to those that may... I would be grateful!

Ok folks, sorry It took me so long to reply to this post. You are good to carry in your truck. I have found no state law that Prohibits carry in a commercial vehicle. The FMCSA does not have any prohabitions either. I am a tanker driver and carry almost 100% Haz MAT. I suggest you order yourself some foxlabs OC(good stuff) I have mine mounted in a belt holster wire tied to my shifter handle. It makes it easy to get to. If you travel to New Jersey all bets are off. Jersey City and the Port Authority(DOT in New Jersey) is currently in litigation for arresting a citizen traveling through with a handgun. He was following US Title code 18 which covers travelling with a firearm. His handgun was unloaded and locked in a lock box.(Ammo locked up seperately) His was in his private automobile. If you decide to carry in your truck I suggest when you are not in a state with reciprocity that you lock the handgun up in a lock box and place it in one side box. Lock the ammo up in the other side box. Remember some places like Cincinnati, OH ban any firearm with a magazine. In the District of Columbia it is illegal to have a working firearm even in your home. MAKE SURE YOU KNOW THE LAWS IN THE STATES YOU TRAVEL IN. If you have Sirius Sat. Radio, the NRA News comes on week nights on channel 144 from 8-11pm Central. If you want more information you can send me a PM and I'll try and anwser as many questions as I can. If you do PM, send your phone number and I'll give you a call. I'm currently in Virginia on my way to Maryland. It may take me a day or two to respond. You just can't get the internet everywhere. Hope this helps.

[Roger Howard]

Chemical plants can be tricky, since many of them prohibit firearms and search vehicles both inbound and outbound, but you've got more experience with that than I do.

Kevin

I'm in chemical plants all the time. I have only seen one plant in Texas properly posted with a 30.06. I wish I could remember which one it is. They do search trucks but not very well. There is not one plant that I could not get a firearm into. As a driver, if you carry, Don't Tell.

Jennifer good post. lots of info.

here is another good source of information http://www.handgunlaw.us./