Mr. Richard B. Loden — Hazardous Materials Safety Interpretation

Page 1of Transportation .S. Department Wastington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration Mr. 2cha 2096 B. Loden 3959 Chestnut Ref. No. 06-0165 Concord, CA 94519 Avenue Dear Mr. Loden: This responds the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- to your letter regarding the applicability of lawfully carried by a commercial motor vehicle operator 180) to the transportation of a loaded personal firearm while in the performance of his or her duties. Specifically, you ask whether the transportation of such a firearm is prohibited by the HMR under the "forbidden explosives" clause in § 173.54 (f) . The answer to your question is no. Unless otherwise specified in § 173.54(f), a personal loaded or unloaced firearm lawfully carried by a commercial motor vehicle operator is not considered in commerce and therefore not subject to the HMR. vehicle operator who carries a personal firearm while in the Under this scenario, a commercial motor State jurisdiction regarding such matters. performance of his or her duties is subject to local or has been coordinated with the Federal Motor Carrier Safety This response Administration. we can be of further assistance. I trust this satisfies your inquiry. Please contact us if Sincerely, Totte z. michel Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 113.5418) 060165#

Page 2Stevens 8173.54(8) Richard B. Loden Forbiditen Explosives (Firearms) 3959 Chestnut Avenue Concord, CA 94519 06-0165 July 11, 2006 Mr. Edward T. Mazzullo US Department of Transportation Office of Hazardous Materials Standards PHH-10 400 7" Street SW • Washington, DC 20590-0001 Reference: My letter of May 25' (attached) Your reply of July 6* (attached) Dear Mr. Mazzullo: I am aware that the HMR does not apply to a private citizen transporting hazardous It appeared that I did not properly phrase my question in my previous letter. materials for non-commercial purposes. 49CFR §173.54(f) classes a loaded firearm as a forbidden explosive and does not allow one to be offered for transportation or transported. operating a commercial vehicle, which may or may not be transporting other Does this prohibition apply to a commercial driver's personal firearm while that driver is hazardous materials? It is assumed that all other federal, state, or local laws and regulations pertaining to the carry and transport of firearms are being followed? Sincerely, Richardstübeen ichard B. Lode#