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U.S. Code
Regarding Carrying of Weapons on Planes "The Gist"
from Alan Korwin Web formatting by
KeepAndBearArms.com September 17, 2001 49 USC § 44903. Air transportation security The Gist: In this section, law enforcement
personnel includes anyone with an official badge (or similar sign of authority),
authorized to carry firearms, and with a police-power-of-arrest that meets the
Federal Aviation Administration’s standards. (Click
here to read the full text of U.S. Code, below.) 49 USC § 46303. Carrying a weapon The Gist: A person who has a concealed
dangerous weapon available in an aircraft is liable to the federal government
for a $10,000 civil fine. The proper authorities are exempt. Note that when this
bill (P.L. 103-272) was codified, as is often the case, the words of Congress
were changed by the people doing the codification. Notes on those changes are
available in this instance, and are provided here to illustrate the nature of
this process of rewriting the statutes after they are enacted. (Click
here to read the full text of U.S. Code, below.) 49 USC § 46505. Carrying a weapon or
explosive on an aircraft The Gist: A special definition of a firearm is
created in subsection (a) for this section only. Bringing or attempting to bring
a concealed dangerous weapon on board an aircraft used in air transportation, so
that the weapon would be available in flight, is illegal. Putting or attempting
to put a loaded firearm on such an aircraft, in property that would not be
available to passengers in flight, is illegal. Exceptions are made for the
proper authorities. This section does not apply to a person transporting an
unloaded firearm, in baggage that is inaccessible during flight, if the air
carrier was notified of the presence of the weapon. (Click
here to read the full text of U.S. Code, below.) 49 USC § 80302. Prohibitions The Gist: An NFA weapon in violation of NFA
weapon laws (which begin at 26-5801) is contraband. It’s illegal to use an
aircraft, vehicle or ship to transport, conceal, possess, buy, sell or transfer
contraband. (Click here to read the full text of U.S.
Code, below.) Also contained below: 49 USC § 44903. Air
transportation security The Gist: In this section, law enforcement
personnel includes anyone with an official badge (or similar sign of authority),
authorized to carry firearms, and with a police-power-of-arrest that meets the
Federal Aviation Administration’s standards. TITLE 49--TRANSPORTATION In this section, ``law enforcement personnel'' means individuals-- (1) authorized to carry and use firearms; (b) Protection Against Violence and Piracy. The Administrator shall prescribe regulations to protect passengers and property on an aircraft
operating in air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy. When prescribing a
regulation under this subsection, the Administrator shall-- (1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities; (2) consider whether a proposed regulation is consistent with-- (A) protecting passengers; and (3) to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure-- (A) their safety; and (B) courteous and efficient treatment by an air carrier, an agent or employee of an air
carrier, and Government, State, and local law enforcement personnel carrying out this section; and (4) consider the extent to which a proposed regulation will carry out this section. (c) Security Programs. (1) The Administrator shall prescribe regulations under subsection (b) of this section that require each
operator of an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation to establish an
air transportation security program that provides a law enforcement presence and capability at each of those airports that is adequate to
ensure the safety of passengers. The regulations shall authorize the operator to use the services of qualified State, local, and private law
enforcement personnel. When the Administrator decides, after being notified by an operator in the form the Administrator prescribes, that
not enough qualified State, local, and private law enforcement personnel are available to carry out subsection (b), the Administrator may
authorize the operator to use, on a reimbursable basis, personnel employed by the Administrator, or by another department, agency, or
instrumentality of the Government with the consent of the head of the department, agency, or instrumentality, to supplement State, local, and
private law enforcement personnel. When deciding whether additional personnel are needed, the Administrator shall consider the number of
passengers boarded at the airport, the extent of anticipated risk of criminal violence or aircraft piracy at the airport or to the air
carrier aircraft operations at the airport, and the availability of qualified State or local law enforcement personnel at the airport. (2) (A) The Administrator may approve a security program of an
airport operator, or an amendment in an existing program, that incorporates a security program of an airport tenant (except an air
carrier separately complying with part 108 or 129 of title 14, Code of Federal Regulations) having access to a secured area of the airport, if
the program or amendment incorporates-- (i) the measures the tenant will use, within the tenant's leased areas or areas designated for the tenant's exclusive use under an agreement with the airport operator, to carry out the security requirements imposed by the Administrator on the airport operator under the access control system requirements of section 107.14 of title 14, Code of Federal Regulations, or under other requirements of part 107 of title 14; and (ii) the methods the airport operator will use to monitor and audit the tenant's compliance with the security requirements and provides that the tenant will be required to pay monetary penalties to the airport operator if the tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator. (B) If the Administrator approves a program or amendment described
in subparagraph (A) of this paragraph, the airport operator may not be found to be in violation of a requirement of this subsection or
subsection (b) of this section when the airport operator demonstrates that the tenant or an employee, permittee, or invitee of the tenant is
responsible for the violation and that the airport operator has complied with all measures in its security program for securing compliance with
its security program by the tenant. (d) Authorizing Individuals To Carry Firearms and Make
Arrests. With the approval of the Attorney General and the Secretary of State,
the Secretary of Transportation may authorize an individual who carries out air transportation security duties-- (1) to carry firearms; and (e) Exclusive Responsibility Over Passenger
Safety. The Administrator has the exclusive responsibility to direct law enforcement
activity related to the safety of passengers on an aircraft involved in an offense under section 46502 of this title from the moment all
external doors of the aircraft are closed following boarding until those doors are opened to allow passengers to leave the aircraft. When
requested by the Administrator, other departments, agencies, and instrumentalities of the Government shall provide assistance necessary
to carry out this subsection. (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1205.) 49 USC § 46303.
Carrying a weapon The Gist: A person who has a concealed
dangerous weapon available in an aircraft is liable to the federal government
for a $10,000 civil fine. The proper authorities are exempt. Note that when this
bill (P.L. 103-272) was codified, as is often the case, the words of Congress
were changed by the people doing the codification. Notes on those changes are
available in this instance, and are provided here to illustrate the nature of
this process of rewriting the statutes after they are enacted. TITLE 49--TRANSPORTATION An individual who, when on, or attempting to board, an aircraft in, or intended for operation in, air transportation (b) Compromise and Setoff. (1) The Secretary of Transportation may compromise the amount of a civil penalty imposed under subsection (a) of
this section. (2) The Government may deduct the amount of a civil penalty imposed
or compromised under this section from amounts it owes the individual liable for the penalty. (c) Nonapplication. This section does not apply to-- (1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government, authorized to carry arms in an official capacity; or (2) another individual the Administrator of the Federal Aviation Administration by regulation authorizes to carry arms in an official capacity. 49 USC § 46505.
Carrying a weapon or explosive on an aircraft The Gist: A special definition of a firearm is
created in subsection (a) for this section only. Bringing or attempting to bring
a concealed dangerous weapon on board an aircraft used in air transportation, so
that the weapon would be available in flight, is illegal. Putting or attempting
to put a loaded firearm on such an aircraft, in property that would not be
available to passengers in flight, is illegal. Exceptions are made for the
proper authorities. This section does not apply to a person transporting an
unloaded firearm, in baggage that is inaccessible during flight, if the air
carrier was notified of the presence of the weapon. TITLE 49--TRANSPORTATION In this section, "loaded firearm'' means a starter
gun or a weapon designed or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber,
magazine, cylinder, or clip. (b) General Criminal Penalty. An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the
individual-- (1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight; (2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or (3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device. (c) Criminal Penalty Involving Disregard for Human
Life. An individual who willfully and without regard for the safety of human
life, or with reckless disregard for the safety of human life, violates subsection (b) of this section, shall be fined under title 18,
imprisoned for not more than 15 years, or both. (d) Nonapplication. Subsection (b)(1) of this section does not apply to-- (1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry arms in an official capacity; (2) another individual the Administrator of the Federal Aviation Administration by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or (3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon. (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 104-132, title VII, Sec. 705(b), Apr. 24, 1996, 110 Stat. 1295.) The Gist: An NFA weapon in violation of NFA
weapon laws (which begin at 26-5801) is contraband. It’s illegal to use an
aircraft, vehicle or ship to transport, conceal, possess, buy, sell or transfer
contraband. TITLE 49--TRANSPORTATION In this section, ``contraband'' means-- (1) a narcotic drug (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 802)), including marihuana (as defined in section 102 of that Act (21 U.S.C. 802)), that-- (A) is possessed with intent to sell or offer for sale in violation of the laws and regulations of the United
States; (B) is acquired, possessed, sold, transferred, or offered for sale in violation of those laws; (C) is acquired by theft, robbery, or burglary and transported-- (i) in the District of Columbia or a territory or possession of the United States; or (D) does not bear tax-paid internal revenue stamps required by those laws or regulations; (2) a firearm involved in a violation of chapter 53 of the Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.); (3) a forged, altered, or counterfeit-- (A) coin or an obligation or other security of the United States Government (as defined in section 8 of title 18); or (4) material or equipment used, or intended to be used, in making a coin, obligation, or other security referred to in clause (3) of this subsection; (5) a cigarette involved in a violation of chapter 114 of title 18 or a regulation prescribed under chapter 114; or (6) (A) a counterfeit label for a phonorecord, copy of a computer program or computer program documentation or packaging, or copy of a motion picture or other audiovisual work (as defined in section 2318 of title 18); (B) a phonorecord or copy in violation of section 2319 of title 18; (b) Prohibitions. A person may not-- (1) transport contraband in an aircraft, vehicle, or vessel; (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1353; Pub. L. 104-153, Sec. 13, July 2, 1996, 110 Stat. 1389.) 14 CFR -
CHAPTER I - PART 108 § 108.11
Carriage of weapons. (a) No certificate holder required to conduct
screening under a security program may permit any person to have, nor may any
person have, on or about his or her person or property, a deadly or dangerous
weapon, either concealed or unconcealed, accessible to him or her while aboard
an airplane for which screening is required unless: (1) The person having the weapon is --
(i) An official or employee of the United
States, or a State or political subdivision of a State, or of a municipality
who is authorized by his or her agency to have the weapon; or
(ii) Authorized to have the weapon by the
certificate holder and the Administrator and has successfully completed a
course of training in the use of firearms acceptable to the Administrator.
(2) The person having the weapon needs to
have the weapon accessible in connection with the performance of his or her
duty from the time he or she would otherwise check it in accordance with
paragraph (d) of this section until the time it would be returned after
deplaning.
(3) The certificate holder is notified --
(i) Of the flight on which the armed person
intends to have the weapon accessible to him or her at least 1 hour, or in
an emergency as soon as practicable, before departure; and
(ii) When the armed person is other than an
employee or official of the United States, that there is a need for the
weapon to be accessible to the armed person in connection with the
performance of that person's duty from the time he or she would otherwise
check it in accordance with paragraph (d) of this section until the time it
would be returned to him or her after deplaning.
(4) The armed person identifies himself or
herself to the certificate holder by presenting credentials that include his
or her clear, full-face picture, his or her signature, and the signature of
the authorizing official of his or her service or the official seal of his or
her service. A badge, shield, or similar may not be used as the sole means of
identification.
(5) The certificate holder --
(i) Ensures that the armed person is
familiar with its procedures for carrying a deadly or dangerous weapon
aboard its airplane before the time the person boards the airplane;
(ii) Ensures that the identity of the armed
person is known to each law enforcement officer and each employee of the
certificate holder responsible for security during the boarding of the
airplane; and
(iii) Notifies the pilot in command, other
appropriate crewmembers, and any other person authorized to have a weapon
accessible to him or her aboard the airplane of the location of each
authorized armed person aboard the airplane.
(b) No person may, while on board an airplane
operated by a certificate holder for which screening is not conducted, carry on
or about that person a deadly or dangerous weapon, either concealed or
unconcealed. This paragraph does not apply to --
(1) Officials or employees of a municipality
or a State, or of the United States, who are authorized to carry arms; or
(2) Crewmembers and other persons authorized
by the certificate holder to carry arms.
(c) No certificate holder may knowingly permit
any person to transport, nor may any person transport or tender for transport,
any explosive, incendiary or a loaded firearm in checked baggage aboard an
airplane. For the purpose of this section, a loaded firearm means a firearm
which has a live round of ammunition, cartridge, detonator, or powder in the
chamber or in a clip, magazine, or cylinder inserted in it.
(d) No certificate holder may knowingly permit
any person to transport, nor may any person transport or tender for transport,
any unloaded firearm in checked baggage aboard an airplane unless --
(1) The passenger declares to the certificate
holder, either orally or in writing before checking the baggage, that any
firearm carried in the baggage is unloaded;
(2) The firearm is carried in a container the
certificate holder considers appropriate for air transportation;
(3) When the firearm is other than a shotgun,
rifle, or other firearm normally fired from the shoulder position, the baggage
in which it is carried is locked, and only the passenger checking the baggage
retains the key or combination; and
(4) The baggage containing the firearm is
carried in an area, other than the flightcrew compartment, that is
inaccessible to passengers.
(e) No certificate holder may serve any
alcoholic beverage to a person having a deadly or dangerous weapon accessible to
him or her nor may such person drink any alcoholic beverage while aboard an
airplane operated by the certificate holder.
(f) Paragraphs (a), (b), and (d) of this
section do not apply to the carriage of firearms aboard air carrier flights
conducted for the military forces of the Government of the United States when
the total cabin load of the airplane is under exclusive use by those military
forces if the following conditions are met:
(1) No firearm is loaded and all bolts to
such firearms are locked in the open position; and
(2) The certificate holder is notified by the
unit commander or officer in charge of the flight before boarding that weapons
will be carried aboard the aircraft.
[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as
amended by Amdt. 108-4, 51 FR 1352, Jan. 10, 1986] Related Archives Is
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