by Jay Spencer
jaycspencer@hotmail.com

This type of abuse seems to be more and more common place. This time it put life in jeopardy!! Everyone wants their turn kicking gun owners around because it has become the in thing to do. I think the only way to avoid this is to firmly express that: 

1) Customers who are gun owners have a right to be treated with respect just like anyone else. 

2) There must be a written (hopefully on the web) policy so that gun owners know there rights and are not harassed. 

3) How can you be assured this wont happen to *you* in the future. 

The phone number for America West customer service is 480-693-6917. Reservations can put you through also at 800-235-9292. Unfortunately I have not been successful in getting through on the phone. A web emailer page is: 
http://www.americawest.com/contact/generalinfo.asp  

Anyone viewing this has my permission to post this wherever it would be acceptable to do so. The help would be appreciated. 

Thanks, Jay 


15 April, 2001 

To: American West Airlines 
From: Jay Spencer 

Dear Representative, 

On 6 March of this year I was a passenger on one of your flights from Houston Texas (IAH) to San Jose, California (SJC). It was the return portion of my flight from San Jose on 01 March. The origin flight number was SJC 765V and the return flight number was IAH 270KN. The reference number is 4012714017211. 

I checked in late for my 8:51am flight with "Kelly". I arrived after 8:30 am. Upon checking in I was told that I would be guaranteed a seat on the next flight and was re-ticketed. The agent asked if the long case I was carrying contained firearms. I told her yes. I was told that I could not check my luggage at that time but could bring it back to be checked in at 10:00am. We conversed a bit longer and then I was told that I should come back and check in my luggage at 10:30am. There was no explanation for the additional half an hour. I found this peculiar but complied. 

I returned promptly at 10:30am to check my baggage in for my flight with "Suzette" (First letters of name obscured by her hair). Once again I was asked if my long case contained firearms. I replied yes. I was told I needed to fill out a form indicating that the firearms were unloaded. I said ok. Upon my opening the case containing the firearms in order to put the form in the case the agent said "Now show me they're empty". I was completely flabbergasted. I had previously flown with firearms on several different occasions with several different airlines and had never encountered anything like this. I told the agent that no other airline including their own had had ever required this. I said if this was their policy I would like to see a copy of it. I was told that it was an "FAA requirement" and if I wanted to see the policy I would have to check with the FAA. It was a real conversation stopper. 

Still stunned and in disbelief but feeling I had no choice I one at a time held up each of the 3 long guns for the agent to inspect. In order to "show" her the gun was empty I racked and then presented the long guns at what was essentially port arms. I was very aware of the metallic and unmistakable sound that this was making. I held each of the long guns up for approximately 30 seconds while the agent inspected them. I was feeling greatly exposed all the while she was staring and clearly not knowing what she would be looking for. Upon completion of the agent inspecting all 3 long guns I completed the form, put it in the case, and locked it. She then checked the case through. 

Feeling less exposed with the firearms out of my possession and feeling less powerless with ticket in hand and my baggage in your system I asked to see the supervisor. The supervisor arrived and kept trying to answer my question before I even asked it. He kept trying to explain that it was a requirement to open each case containing firearms and put the "unloaded" tag in it. I repeatedly had to tell him that this was not my question. Finally I was allowed to ask why I was required to "show them" that my firearms were empty. He told me it was airline policy. I told him that no other airline that I had ever flown on including his own had made me do this. He asked me which other America West flights. I told him the flight from my origin in San Jose for one. He said they *should* have checked the guns to see if they were unloaded. I then asked him if that meant he would be calling them and making them aware of their error. He said yes. I was unconvinced but left the counter. 

During the 2 ½ hours that I had previously been sitting and waiting to check my luggage I had seen the Houston police make rounds through the terminal several times. At this point I had time to stop and think about how very easily I could have been shot while pointing the long guns toward the ticket agent. At the very least I could have been arrested for brandishing a firearm. I went to an area where I could get pen and paper and wrote a memo outlining the precise story of how this happened, took it back, and once again asked to see the supervisor. The ticket agent smiled and said "you were right and we apologize". I told her that was not good enough after they put my life at risk. 

They got the supervisor out for me and he silently walked over, handed me a piece of paper, and said, "you should read this." He then turned around and started walking away. I told him I had a memo for him. He replied "Have a nice day" without turning around. I asked him if I could get his name. Again he said, "Have a nice day" without turning around. I called after him "you're the supervisor here and you won't give me your name?" He just kept walking. At that point I read the piece of paper [Attachment 2] that he had given me which clearly stated that under no circumstances would airline employees or supervisors inspect firearms and if it were required it would be done by a firearms expert outside of the customer area. At that point I left the counter. 

I wanted to get this situation taken care of more satisfactorily so I found a phone and called "airport administration". I called and explained that I had a complaint about America West. The "administrator" (which turned out to be a telephone operator) told me she would put me through to the airline. Upon my asking to speak to a supervisor whoever had answered the phone hung up on me. I once again called administration and they again put me through to the airline. This time I was not hung up on. I asked if I was speaking to the supervisor that I had dealt with at the America West counter. He said "yes". This time I was able to get his name and employee number from him; Sam - s17901. He then said to me "You have 3 rifles in that case right?". I said yes even though as I realized later I had two shotguns and one rifle; three total long guns. He then said, "if you continue to pursue this I will only accept one rifle in a case because that is our policy". Knowing that my case was designed to handle 3 long guns I told him that yes I intended to pursue this matter and "will take back the entire case". I did this because I had no way to take back two of three long guns because I had nothing to carry them in. Clearly he knew this. 

I went back to the ticket counter to wait for the supervisor. I saw the supervisor arrive with my baggage and put it down approximately 25 feet behind me. Upon walking back to him to pick up the luggage he said to me "See, now we can both be correct". I picked up the bags, said thank you, and left. 

After getting my case of firearms back I got a cab and took the firearms to where I knew I could temporarily store them. After taking a cab back to the airport I waited for my flight in an area not belonging to America West. Airports have become highly security conscious and I was very concerned at what a supervisor like "Sam" might do to obscure the circumstances surrounding this very scary situation. 

To recap, I am still amazed that your airline allows things like this to go on. In today's security conscious airport climate, what police officer would hesitate to shoot anyone with firearms in an airport. No excuse would be necessary. I could easily have been killed or arrested. I could also have been sued had there been an accident with my firearms. I believed the firearms to be unloaded but a basic tenant of firearms safety is to always assume they *are* loaded. I am a certified firearms instructor and to date I am still deprived of the use of my firearms used in training students. To my knowledge no other airline has policies like "Sam" describes or employees that *barter* policy for personal gain. When I called your airline prior to my originating flight to ask about shipping firearms all I was told was that they needed to be in a hard case that could be locked. In fact, I opened the case containing the very same firearms at the America West counter in San Jose to put the "unloaded" tag in, in plain view of your agents and had no problem.

Subsequent to my travel I have attempted to get a written copy of your policy. I emailed you [Attachment 1] and was told to contact the reservations number. I called the reservations number and was told customer service would have to help me. I was put through, but after waiting for half an hour gave up. 

I suspect that your airline's *and* the FAA's policy regarding opening cases containing firearms needs to be reviewed. My opinion based on this incident is that opening the cases increases the potential for danger due to abuse more than the potential danger caused by the possibility of loaded firearms in a stowed case. I also do not understand why I was not allowed to check my luggage, including firearms when I initially arrived. However, I will not address these issues in this correspondence. What I ask to remedy this situation in lieu of actual damages is that you do the following: 

1) Provide me with a round trip ticket from San Jose to Houston so that I can retrieve my firearms and give you the opportunity to demonstrate your good will. 

2) Document your policy regarding transporting firearms on your airline so that no one will have to go through what I have in the future as other airlines already do.  [See Attachment 3.]

I look forward to hearing from you in the very near future. 


Sincerely, 

Jay 'C' Spencer 


ATTACHMENT 1


From: "Web.Master" <web.master@americawest.com> 
Reply-To: "Web.Master" <web.master@americawest.com> 
To: <jaycspencer@hotmail.com> 
Subject: Re: General 
Date: Thu, 15 Mar 2001 16:35:47 -0800 

Dear Jay, 

Thank you for visiting AmericaWest.com. 

For information on transporting a firearm, please call 1-800-235-9292. 

Sincerely, 

Webmaster 3274 AB 
Internet Support 
America West Airlines 


ATTACHMENT 2

Direct quote from the narrative that your airline supervisor gave me regarding weapons inspection: 

"Under no circumstances will a supervisor or CSR or other AWA representative physically inspect firearm presented for
transportation. 

-If need be airport security or law enforcement officer familiar with firearms may inspect weapon in location away from
PAX. 

- Customer *must* sign firearms unloaded tag. 

- Place all tags on the inside of bag. Even on bags which are obvious gun cases. 

Hand gun: 

Place signed firearms unloaded tag inside bag (it may be placed on the hand gun by PAX)" 

ATTACHMENT 3

The very simple and reasonable looking policy of one of your competitors - Southwest Airlines: 

The policy is extracted from SouthWest Airlines web page verbatim. The entire text can be viewed at: http://www.southwest.com/travel_center/contract_of_carriage.html  

"D.Firearms - Carrier will not accept assembled firearms and ammunition for transportation except as follows: 

1.Unloaded sporting firearms will be accepted, provided they are encased in a container acceptable to Carrier for withstanding normal baggage handling without sustaining damage to the firearms or other baggage. Handgun containers must also be locked. 

2.Small-arms ammunition intended for sport or hunting will be accepted only if carried within sturdy checked baggage in the manufacturer's original container or an equivalent fiber, wood, or metal container specifically designed to carry ammunition and providing for sufficient cartridge separation. Carrier will accept no more than three hundred (300) rounds of pistol (rim fire) ammunition, one hundred and twenty (120) rounds of rifle (center fire) ammunition, or one hundred and fifty (150) shotgun shells per passenger, with a total gross weight of the ammunition not to exceed eleven (11) pounds per passenger."