|
|
Additional Resources
|
|
Firearms
Outdoors
Archery
Self Defense
PeekPort
The Role Of The Sniper In Airsoft Gun Skirmishes.
Of all the airsoft role players one can choose to be in these weekend battles, perhaps the most popular of all is the Sniper. The Airsoft Sniper is often referred to as the Lone Wolf or Rouge of Read more...
|
|
|
|
HEADING
Below, you'll
find extensive information on leading firearm license articles and products
to help you on your way to success.
Carrying Firearms On Aircraft
By Greg Reigel, Fri Dec 9th
b>Carrying On Aircraft © 2004 Reigel & Associates, Ltd./Aero Legal Services. Allrights reserved. A client recently asked me whether he could carry a firearm onan aircraft. As usual, my lawyerly answer was “it depends”. Whatdoes it depend upon? Well, for starters, what type of firearm?Will it be carried concealed or on the person (e.g. using aconcealed carry weapon “CCW” permit), or will it be in checkedluggage? What type of aircraft? Is it a commercial flight or aprivate flight? Is the flight interstate or intrastate? Theanswers to these questions dictate whether or how you cantransport a firearm on an aircraft.
Probably the best way to look at the issue is to determine whereyou will be with the firearm when you board the aircraft: Withina sterile area of an airport or within a non-sterile area of anairport. Several different statutes apply to transportation offirearms on aircraft, depending upon the type of aircraft andaircraft operation and where you board the aircraft.
Sterile Area
What is a sterile area? U.S. Statute 49 CFR 1540.5 defines it as “a portion of an airportdefined in the airport security program that provides passengersaccess to boarding aircraft and to which the access generally iscontrolled by TSA, or by an aircraft operator under part 1544 ofthis chapter or a foreign air carrier under part 1546 of thischapter, through the screening of persons and property.” This isthe area beyond the security checkpoints and up to and includingthe gates to the aircraft. You have to subject yourself and yourcarry on luggage to search and inspection (including removingyour shoes, walking through metal detectors etc.) in order toenter the sterile area.
Once within a sterile area, U.S. Statute 49 CFR 1540.111(a) applies. This regulation prohibits carriageof a weapon on your person or accessible carry-on luggage ifsecurity screening was required before boarding of the aircraft.Thus, if you have to pass through a security screeningcheckpoint to enter a sterile area, are prohibitedwithin the sterile area and on board aircraft that you boardfrom a sterile area.
The regulation provides exceptions for law enforcement officers(LEO’s) required to carry or other weapons while in theperformance of law enforcement duties at the airport, forindividuals authorized to carry a weapon in accordance with §1544.219(LEO), §1544.221(LEO w/prisoner), §1544.223(Air Marshal), or §1546.211(foreign air carrierprovision for LEO) or an individual authorized to carry aweapon in a sterile area under a security program.
Although aircraft using the sterile area may be operated by anairline or an on-demand charter operator, those aircraft mayalso be operated by freight carriers, or in some cases,privately owned aircraft. 49 CFR §1550.5 provides a “catch-all” expanding theprohibition on possession of to all operations, notjust airlines and charter, boarding or unloading using thesterile area of an airport. Thus, regardless of the type ofoperation, if you have to go through a sterile area to board theaircraft and you do not fall within one of the exceptions, youwill not be able to carry a firearm with you on your person orin your carry-on luggage. Period.
However, even if you are prohibited from carrying a firearm withyou onto the aircraft, you may still be able to bring yourfirearm along in your checked luggage. U.S. Statute 49 CFR 1540.111(c) applies to thetransportation of within your checked baggage. You maynot transport loaded firearms. However, you may transportunloaded provided that you declare the to theaircraft operator (usually by filling out a declaration form),the firearm is unloaded and locked in a hard-sided container andyou are the only one to retain a key or combination for the lock.
This regulation does not prohibit you from carrying ammunitionin your checked baggage or in the same container as a firearm.Also, each individual aircraft operator may have differingpolicies and guidelines regarding the transportation of unloadedfirearms, as well as ammunition. It is best to check with youraircraft operator well in advance of your departure date to makesure you know the aircraft operator’s requirements andprocedures and that you will to arrive at the airport able tocomply.
Non-Sterile Area
If you are within a non-sterile area of an airport, the statutesand regulations do not apply. However, your ability to possess afirearm will depend upon the type of flying you will be doing aswell as the state law applicable to the airport.
U.S. Statute 49 USC §46505 makes it a crime subject to fine,imprisoned for not more than 10 years, or both, if a person“when on, or attempting to get on, an aircraft in, or intendedfor operation in, air transportation or intrastate airtransportation, has on or about the individual or the propertyof the individual a concealed dangerous weapon that is or wouldbe accessible to the individual in flight.” Additionally,
GATHER WEAPONS AND AMMO
<div><strong><br>Hopefully those wise enough to stockpile are grabbing up anything military style as they will be the first to be banned.<br>"Post-election gun rush </strong></div><br><div>Dallas, Texas, gun shop owner DeWayne Irwin said the election, combined with an unstable economy, triggered a firearms dash at his store.</div><br><div>"People are terrified of losing their right to protect themselves," Irwin told the Tribune. "The volume is 10 times what we ever expected. It started with assault rifles, but at this point people are buying ammunition, high-capacity magazines, Glocks – it's all flying off the shelf. With the economy the way it is, people are worried about instability. They are scared of civil unrest."</div><br><div>Likewise, Manassas, Va., gun store owner Bernie Conatser told CNN firearm sales have almost tripled at his shop.</div><br><div>"I have been in business for 12 years, and I was here for Y2K, September 11, Katrina," Conatser said. "And all of those were big events, and we did notice a spike in business, but nothing on the order of what we are seeing right now."</div><br><div>Managers at a shooting center in Houston reported selling out of assault weapons the day after Obama was elected. It now has a month-long waiting list for weapons costing more than $1,000 each."</div><br>
GM Facts And Fiction
<div>From plants to parks. From dealerships to driveways. From gas stations to grocery stores. What happens in the automotive industry affects each and every one of us. In fact, the collapse of the U.S.-based auto industry wouldn't just impact the more than 239,000 Americans directly employed by the Big Three. One out of every 10 people in America is employed in a service that is related to the U.S. auto industry. If a plant closes, so does its suppliers, the local stores, the hot dog vendors, and the local restaurants.......</div><br>
under49 USC §46303 “[a]n individual who, when on, orattempting to board, an aircraft in, or intended for operationin, air transportation or intrastate air transportation, has onor about the individual or the property of the individual aconcealed dangerous weapon that is or would be accessible to theindividual in flight is liable to the United States Governmentfor a civil penalty of not more than $10,000 for each violation”.
At first glance, these statutes seem to be very broad and allencompassing. However, the definitions of “air transportation”and “intrastate air transportation” as defined in 49 USC §40102 limit the applicability of thesestatutes to air carriers. What is an air carrier? It is anindividual or business who provides transportation for hireeither between two states or within one state using a turbojetaircraft with more than 30 seats. Practically speaking, thesedefinitions limit the applicability of this statute to theairlines and charter operators who are either flying betweenstates or operating larger, turbojet aircraft.
U.S. Statute 49 CFR §1550.7 is a more specific “catch-all” that appliesto aircraft weighing more than 12,500 pounds and where theaircraft’s operation is not otherwise subject to the statutesand regulations addressed above. This regulation requires thatan operator “must conduct a search of the aircraft beforedeparture and screen passengers, crewmembers, and other personsand their accessible property (carry-on items) before boarding”,regardless of whether boarding and loading occurs from a sterilearea.
Another regulation that affects your ability to carry a firearmon a flight operated by a charter operator is 14 CFR §135.119. Underthis regulation “no person may, while on board an aircraft beingoperated by a certificate holder, carry on or about that persona deadly or dangerous weapon, either concealed or unconcealed.Section 135.119 does not apply to LEO’s or to “Crewmembers andother persons authorized by the certificate holder to carryarms”. Thus, although this regulation appears to limit thepossession of firearms, if the charter operator grants youpermission, either directly or within its operationsspecifications, you would be exempt from this regulation andable to carry subject to any other applicable statutesor regulations.
Finally, if you are flying in a private aircraft that is notbeing operated by a common carrier from one state to another,and no other statutes apply to your flight, you will still besubject to 18 USC §926A regarding the interstate transportation offirearms which states that “any person who is not otherwiseprohibited by this chapter from transporting, shipping, orreceiving a firearm shall be entitled to transport a firearm forany lawful purpose from any place where he may lawfully possessand carry such firearm to any other place where he may lawfullypossess and carry such firearm if, during such transportationthe firearm is unloaded, and neither the firearm nor anyammunition being transported is readily accessible or isdirectly accessible from the passenger compartment of suchtransporting vehicle”.
This statute allows you to transport between statessubject to the statute’s conditions: that you can lawfullypossess the firearm at your points of departure and arrival, andthe firearm is unloaded and inaccessible during the trip.However, what if you are a CCW permit holder and you want tocarry concealed between states? Well, fortunately 18 USC §927 states that Section 926A does not pre-emptapplicable state law. Thus, if you can lawfully carry aconcealed weapon in the state in which you board the aircraftand in the state in which you land, you are not subject to theunloaded and inaccessible restrictions of Section 926A.
For operations of private aircraft within one state, you willonly be subject to the laws of the state within which you areoperating. You will need to review your state’s statutes todetermine whether they impose any restrictions on possession offirearms within non-sterile areas of airports. You will alsoneed to be familiar with the airports you will be visiting todetermine whether each airport has any restrictions (e.g.posting to prohibit concealed carry etc.).
Conclusion
What does all this mean? Well, for the majority of peopletraveling on commercial aircraft, the ability to transportfirearms on the aircraft is severely restricted. In almost allcases, unless you are flying in a private aircraft, carryingfirearms with you on an aircraft, either on your person or inyour carry-on luggage, is prohibited.
You may still bring and ammunition with you on aflight, but they will need to be unloaded and contained in alocked case within your checked luggage in compliance with yourairline or aircraft operator’s policies. Your best bet is tocheck with your airline or aircraft operator ahead of time tomake sure you know and can comply with their policies fortransporting firearms. With a little planning and preparation,it can be done.
If you are flying on a charter aircraft that weighs less than12,500 pounds, you can only carry with the operator’spermission and as long as you can lawfully do so at both yourdeparture and arrival airports.
For those of you who fly in private aircraft and carry firearmswith you, knowing the areas at an airport within which you canand cannot possess a firearm will help you avoid accepting aclearance or taxiing to an area within which possession offirearms is prohibited. So long as you remain outside of airportsterile areas, your possession of will only be subjectto the laws of the state in which you are flying.
As always, fly safe and, especially if you are carryingfirearms, fly smart.
About the author:Greg is an aviation attorney, author and holds a commercialpilot certificate with instrument rating. His practiceconcentrates on aviation litigation, including insurance mattersand creditor’s rights, FAA certificate actions and aviationrelated transactional matters. He can be reached via e-mail atgreigel@aerolegalservices.com or check out his website at www.aerolegalservices.com.
Additional
Resources
Rossi Firearms Brings Innovative Firearms To The Usa
The Rossi Family has proven to be innovative manufacturers of quality products in Sa Leopolodo, Brazil since the founding of the company in 1889. The Rossi name represents 116 years of firearms Read more...
|
Additional
Resources
Paintball Guns Examined
By Carl Walker -
A paintball gun is a device, or a replica of an actual firearm used to mark an opposing player with paint in the popular game of paintball. It uses different types of propellants such as expanding Read more...
|
We strive to provide only quality articles, so
if there is a specific topic related to firearms that
you would like us to cover, please contact us at any time.
And again, thank you to those contributing
daily to our firearm license website.
Free Hunting Magazine - Sponsored Link
Ad - HuntingClub.com Nov 20 2008 8:19PM GMTGun sales: Booming
The Economist Nov 20 2008 8:19PM GMTHandgun Manufacturer GLOCK, Inc. Announces their Mid-Year Guidance Concerning the Sales Efforts for U.S. Law Enforcement, Commercial and Federal/Military Markets
Street Insider Nov 20 2008 8:10PM GMTHandgun Manufacturer GLOCK, Inc. Announces their Mid-Year Guidance Concerning the Sales Efforts for U.S. Law Enforcement, Commercial and Federal/Military Markets
Yahoo! Canada Nov 20 2008 7:56PM GMTAmerican funeral thrown into chaos after undercover officers use stun gun on dead man's son
Mail Online UK Nov 20 2008 6:04PM GMTNational: Figures Show Black Men Are Being Harassed; Undercover N.C. Cops Taser Man at His Fathers Funeral
Bet.com Nov 20 2008 4:54PM GMTTeenager recalls stun by police Taser
The Australian Nov 20 2008 3:16PM GMTNorth Carolina undercover officers use Taser on pallbearer
New York Daily News Nov 20 2008 10:47AM GMTSports groups give guarded welcome to 'handguns ban'
Irish Examiner Nov 20 2008 9:40AM GMTUndercover North Carolina Deputies Use Taser on Pallbearer
Officer.com Nov 20 2008 5:20AM GMTU.S. Attorneys Can't Prove Gun is a Gun
Officer.com Nov 20 2008 5:19AM GMTN.C. officers TASER man at dad's funeral
Police One Nov 20 2008 4:36AM GMTCommissioner defends police Taser use
WA Today.com.au Nov 20 2008 3:25AM GMTUndercover officers use Taser on pallbearer
CHINAdaily Nov 20 2008 3:21AM GMTFBI Agent Killed in Raid on Suspected Drug Dealer ATF Unveils Online Firearms Form to Ease Process Bombed Syrian Site Contaminated With Uranium Indian Naval Warship Destroys Pirate Vessel Sources: Decorated U.S. Agent Held in Drug Arrest News Columns and
Washington Post Nov 20 2008 3:09AM GMTMaine police use Taser on Pa. man
Boston Globe Nov 20 2008 2:31AM GMTMiddle School Bobcats fall to D'Hanis Colts
Bandera Bulletin Nov 20 2008 1:47AM GMTTaser used to end Hunter siege
ABC Online Nov 19 2008 11:49PM GMTUndercover officers use Taser on pallbearer
Houston Chronicle Nov 19 2008 8:46PM GMTUndercover officers use Taser on pallbearer
San Francisco Chronicle Nov 19 2008 8:22PM GMTHandgun ban for Ireland
The Australian Nov 19 2008 7:21PM GMTHandgun ban for Ireland
Brisbane Courier-Mail Nov 19 2008 7:18PM GMT5:08am Handgun ban for Ireland
The Australian Nov 19 2008 6:29PM GMTWinnetka repeals gun ban
Chicago Tribune Nov 19 2008 4:32PM GMTPolice silence on man's death after they shot him with a Taser
Tasmanian Examiner Nov 19 2008 4:29PM GMTFirearms Industry Lauds Development of Electronic Form 4473 at ATF Press Conference
Houston Chronicle Nov 19 2008 4:25PM GMTPolice silence on man's death after they shot him with a Taser
Ballarat Courier Nov 19 2008 3:50PM GMTAhern outlines handgun ban proposals
Irish Times Nov 19 2008 3:50PM GMTPolice silence on man's death after they shot him with a Taser
Farm Online, The Land Nov 19 2008 3:06PM GMTWinnetka repeals handgun ban
Chicago Tribune Nov 19 2008 3:03PM GMTPolice silence on man's death after they shot him with a Taser
Queensland Country Life Nov 19 2008 2:55PM GMT
|
|
