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Aviation & Flight InformationCarrying Firearms On Aircraft
by:
Greg Reigel
Carrying Firearms On Aircraft
© 2004 Reigel & Associates, Ltd./Aero Legal Services. All rights reserved.
A client recently asked me whether he could carry a gun on an aircraft. As usual, my lawyerly answer was “it depends”. What does it depend upon? Well, for starters, what type of firearm? Wish it be carried concealed or on the person (e.g. mistreatment a concealed carry weapon “CCW” permit), or wish it be in checked luggage? What type of aircraft? Is it a commercial flight or a private flight? Is the flight interstate or intrastate? The answers to these questions dictate whether or how you can transport a gun on an aircraft.
Probably the better way to look at the issue is to determine wherever
you wish be with the gun once
you board the aircraft: Inside
a sterile area of an airfield or inside
a non-sterile area of an airport. Some several statutes apply to transportation of firearms on aircraft, depending upon the type of craft
and craft
operation and wherever
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 airfield defined in the airfield safety program that provides passengers access to boarding craft
and to which the access generally is controlled by TSA, or by an craft
operator under part 1544 of this chapter or a foreign air carrier under part 1546 of this chapter, through the screening of persons and property.” This is the area on the far side
the safety checkpoints and up to and including the gates to the aircraft. You have to subject yourself and your carry on case
to search and examination (including removing your shoes, walking through metal detectors etc.) in order to enter the sterile area.
Once inside
a sterile area, U.S. Statute 49 CFR 1540.111(a) applies. This regulation prohibits carriage of a weapon on your person or available carry-on case
if safety screening was required before boarding of the aircraft. Thus, if you have to pass through a safety screening stop
to enter a sterile area, firearms are prohibited inside
the sterile area and on board craft
that you board from a sterile area.
The regulation provides exceptions for law social control
officers (LEO’s) required to carry firearms or different weapons patch in the performance of law social control
duties at the airport, for individuals 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 carrier provision for LEO) or an individual authorized to carry a weapon in a sterile area under a safety program.
Although craft
mistreatment the sterile area may be operated by an airline or an on-demand charter operator, those craft
may as well be operated by freight carriers, or in several cases, in camera
in hand
aircraft. 49 CFR §1550.5 provides a “catch-all” increasing
the prohibition on possession of firearms to all operations, not simply airlines and charter, boarding or handling
mistreatment the sterile area of an airport. Thus, regardless of the type of operation, if you have to go through a sterile area to board the craft
and you do not fall inside
one of the exceptions, you wish not be able to carry a gun with you on your person or in your carry-on luggage. Period.
However, even as if you are prohibited from carrying a gun with you onto the aircraft, you may still be able to bring your gun on
in your checked luggage. U.S. Statute 49 CFR 1540.111(c) applies to the transportation of firearms inside
your checked baggage. You may not transport loaded firearms. However, you may transport dud
firearms provided that you declare the firearms to the craft
operator (usually by filling out a declaration form), the gun is dud
and bolted in a hard-sided instrumentation
and you are the only one to retain a key or combination for the lock.
This regulation does not command you from carrying ammunition in your checked baggage or in the same instrumentation
as a firearm. Also, each individual craft
operator may have differing policies and guidelines regarding the transportation of dud
firearms, as well as ammunition. It is better to check with your craft
operator well in advance of your departure date to do sure you cognize the craft
operator’s requirements and procedures and that you wish to arrive at the airfield able to comply.
Non-Sterile Area
If you are inside
a non-sterile area of an airport, the statutes and regulations do not apply. However, your ability to possess a gun wish depend upon the type of flying you wish be doing as well as the state law applicable to the airport.
U.S. Statute 49 USC §46505 does it a crime subject to fine, confined for not much than 10 years, or both, if a person “when on, or attempting to get on, an craft
in, or intended for operation in, air transportation or intrastate air transportation, has on or simply about the individual or the property of the individual a concealed dangerous weapon that is or would-be be available to the individual in flight.” Additionally, under 49 USC §46303
“[a]n individual who, once
on, or attempting to board, an craft
in, or intended for operation in, air transportation or intrastate air transportation, has on or simply about the individual or the property of the individual a concealed dangerous weapon that is or would-be be available to the individual in flight is liable to the United States Government for a civil penalty of not much than $10,000 for each violation”.
At 1st glance, these statutes seem to be really broad and all encompassing. However, the definitions of “air transportation” and “intrastate air transportation” as defined in 49 USC §40102 limit the pertinency of these statutes to air carriers. What is an air carrier? It is an individual or business who provides transportation for hire either between two states or inside
one state mistreatment a turbojet craft
with much than 30 seats. Much
speaking, these definitions limit the pertinency of this statute to the airlines and charter operators who are either flying between states or in operation larger, turbojet aircraft.
U.S. Statute 49 CFR §1550.7 is a much specific “catch-all” that applies to craft
advisement much than 12,500 pounds and wherever
the aircraft’s operation is not otherwise subject to the statutes and regulations self-addressed
above. This regulation requires that an operator “must conduct a search of the craft
before departure and screen passengers, crewmembers, and different persons and their available property (carry-on items) before boarding”, regardless of whether boarding and loading occurs from a sterile area.
Another regulation that affects your ability to carry a gun on a flight operated by a charter operator is
14 CFR §135.119. Under this regulation “no person may, patch on board an craft
being operated by a certificate holder, carry on or simply about that person a deadly or dangerous weapon, either concealed or unconcealed. Section 135.119 does not apply to LEO’s or to “Crewmembers and different persons authorized by the certificate holder to carry arms”. Thus, tho'
this regulation appears to limit the possession of firearms, if the charter operator grants you permission, either directly or inside
its operations specifications, you would-be be exempt from this regulation and able to carry firearms subject to any different applicable statutes or regulations.
Finally, if you are flying in a private craft
that is not being operated by a common carrier from one state to another, and no different statutes apply to your flight, you wish still be subject to 18 USC §926A regarding the interstate transportation of firearms which states that “any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a gun shall be entitled to transport a gun for any lawful intention from any place wherever
he may lawfully possess and carry such gun to any different place wherever
he may lawfully possess and carry such gun if, during such transportation the gun is unloaded, and neither the gun nor any ammunition being transported is pronto available or is directly available from the traveller
compartment of such transporting vehicle”.
This statute allows you to transport firearms between states subject to the statute’s conditions: that you can lawfully possess the gun at your points of departure and arrival, and the gun is dud
and inaccessible during the trip. However, what if you are a CCW permit holder and you want to carry concealed between states? Well, as luck would-be have it 18 USC §927 states that Section 926A does not pre-empt applicable state law. Thus, if you can lawfully carry a concealed weapon in the state in which you board the craft
and in the state in which you land, you are not subject to the dud
and inaccessible restrictions of Section 926A.
For operations of private craft
inside
one state, you wish only be subject to the laws of the state inside
which you are operating. You wish need to review your state’s statutes to determine whether they impose any restrictions on possession of firearms inside
non-sterile areas of airports. You wish as well need to be familiar with the airports you wish be visiting to determine whether each airfield has any restrictions (e.g. posting to command concealed carry etc.).
Conclusion
What does all this mean? Well, for the majority of folk traveling on commercial aircraft, the ability to transport firearms on the craft
is severely restricted. In all but all cases, unless you are flying in a private aircraft, carrying firearms with you on an aircraft, either on your person or in your carry-on luggage, is prohibited.
You may still bring firearms and ammunition with you on a flight, but they wish need to be dud
and contained in a bolted case inside
your checked case
in compliance with your airline or craft
operator’s policies. Your better bet is to check with your airline or craft
operator ahead of time to do sure you cognize and can abide by with their policies for transporting firearms. With a little planning and preparation, it can be done.
If you are flying on a charter craft
that weighs less than 12,500 pounds, you can only carry firearms with the operator’s permission and as long as you can lawfully do so at several your departure and arrival airports.
For those of you who fly in private craft
and carry firearms with you, knowing the areas at an airfield inside
which you can and cannot possess a gun wish help you avoid acceptive
a clearance or taxiing to an area inside
which possession of firearms is prohibited. So long as you remain outside of airfield sterile areas, your possession of firearms wish only be subject to the laws of the state in which you are flying.
As always, fly safe and, especially if you are carrying firearms, fly smart.
Just simply about the Author
Greg is an aviation attorney, author and holds a commercial pilot certificate with instrument rating. His practice concentrates on aviation litigation, including insurance matters and creditor’s rights, FAA certificate actions and aviation related transactional matters. He can be reached via e-mail at greigel@aerolegalservices.com or check out his website at www.aerolegalservices.com.
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