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Carrying Firearms On Aircraft

B>Carrying Firearms On Aircraft

© 2004 Reigel & Associates, Ltd./Aero Legal Services. All rights reserved.

A client recently asked me whether he could carry a firearm on an aircraft. As usual, my lawyerly answer was 'it depends'. What does it depend upon? Well, for starters, what type of firearm? Will it be carried concealed or on the person (e.g. using a concealed carry weapon 'CCW' permit), or will 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 firearm on an aircraft.

Probably the best way to look at the issue is to determine where you will be with the firearm when you board the aircraft: Within a sterile area of an airport or within a non-sterile area of an airport. Several different statutes apply to transportation of firearms on aircraft, depending upon the type of aircraft and aircraft 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 airport defined in the airport security program that provides passengers access to boarding aircraft and to which the access generally is controlled by TSA, or by an aircraft 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 beyond the security checkpoints and up to and including the gates to the aircraft. You have to subject yourself and your carry on luggage to search and inspection (including removing your shoes, walking through metal detectors etc.) in order to enter the sterile area.

Once within a sterile area, U.S. Statute 49 CFR 1540.111(a) applies. This regulation prohibits carriage of a weapon on your person or accessible carry-on luggage if security screening was required before boarding of the aircraft. Thus, if you have to pass through a security screening checkpoint to enter a sterile area, firearms are prohibited within the sterile area and on board aircraft that you board from a sterile area.

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