Transport of Loaded Personal Firearms
Pipeline and Hazardous Materials Safety Administration · Aug 24, 2006 · Reference No. 06-0165
Interprets: 49 CFR § 173.54
Reggie’s quick take
Someone asked whether the "forbidden explosives" clause in § 173.54(f) of the Hazardous Materials Regulations bars a commercial truck driver from carrying a loaded personal firearm while on duty. PHMSA said no. Unless § 173.54(f) says otherwise, a personal firearm lawfully carried by a commercial motor vehicle operator on duty is not considered in commerce, so the HMR does not apply to it. Local or state law governs such firearms instead. FMCSA coordinated on the answer.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) to the transportation of a loaded personal firearm lawfully carried by a commercial motor vehicle operator 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 unloaded firearm lawfully carried by a commercial motor vehicle operator is not considered in commerce and therefore not subject to the HMR. Under this scenario, a commercial motor vehicle operator who carries a personal firearm while in the performance of his or her duties is subject to local or State jurisdiction regarding such matters. This response has been coordinated with the Federal Motor Carrier Safety Administration.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.