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About Airsoft Guns
By irudi
An Airsoft gun is not a traditional BB gun. The traditional BB gun shoots out a .177 metal BB; airsoft guns shoot out 6mm plastic BB. The BBS that an Airsoft gun shoots are slightly bigger and are Read more...
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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,
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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.
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