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Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports (2016)

Chapter: Text of United States Code and Federal Regulations

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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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Suggested Citation:"Text of United States Code and Federal Regulations." National Academies of Sciences, Engineering, and Medicine. 2016. Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports. Washington, DC: The National Academies Press. doi: 10.17226/23596.
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D-709 UNITED STATES CODE 18 U.S.C. § 922(p) (2015) Unlawful acts *** (p) (1) It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm— (A) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (B) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (2) For purposes of this subsection— (A) the term “firearm” does not include the frame or receiver of any such weapon; (B) the term “major component” means, with respect to a firearm, the barrel, the slide or cylinder, or the frame or receiver of the firearm; and (C) the term “Security Exemplar” means an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of, during the 12-month period beginning on the date of the enactment of this subsection, 3.7 ounces of material type 17–4 PH stainless steel in a shape resembling a handgun; and (ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of firearms previously prohibited under this subparagraph that are as detectable as a “Security Exemplar” which contains 3.7 ounces of material type 17–4 PH stainless steel, in a shape resembling a handgun, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology. (3) Under such rules and regulations as the Attorney General shall prescribe, this subsection shall not apply to the manufacture, possession, transfer, receipt, shipment, or delivery of a

D-710 firearm by a licensed manufacturer or any person acting pursuant to a contract with a licensed manufacturer, for the purpose of examining and testing such firearm to determine whether paragraph (1) applies to such firearm. The Attorney General shall ensure that rules and regulations adopted pursuant to this paragraph do not impair the manufacture of prototype firearms or the development of new technology. (4) The Attorney General shall permit the conditional importation of a firearm by a licensed importer or licensed manufacturer, for examination and testing to determine whether or not the unconditional importation of such firearm would violate this subsection. (5) This subsection shall not apply to any firearm which— (A) has been certified by the Secretary of Defense or the Director of Central Intelligence, after consultation with the Attorney General and the Administrator of the Federal Aviation Administration, as necessary for military or intelligence applications; and (B) is manufactured for and sold exclusively to military or intelligence agencies of the United States. (6) This subsection shall not apply with respect to any firearm manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Act of 1988. *** 18 U.S.C. § 926A (2015) Interstate transportation of firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. 49 U.S.C. § 44701 (2015) General requirements (a) Promoting Safety.— The Administrator of the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce by prescribing—

D-711 (1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, and performance of aircraft, aircraft engines, and propellers; (2) regulations and minimum standards in the interest of safety for— (A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances; (B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and (C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling; (3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply of fuel and oil carried in flight; (4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and (5) regulations and minimum standards for other practices, methods, and procedure the Administrator finds necessary for safety in air commerce and national security. (b) Prescribing Minimum Safety Standards.— The Administrator may prescribe minimum safety standards for— (1) an air carrier to whom a certificate is issued under section 44705 of this title; and (2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats. (c) Reducing and Eliminating Accidents.— The Administrator shall carry out this chapter in a way that best tends to reduce or eliminate the possibility or recurrence of accidents in air transportation. However, the Administrator is not required to give preference either to air transportation or to other air commerce in carrying out this chapter. (d) Considerations and Classification of Regulations and Standards.— When prescribing a regulation or standard under subsection (a) or (b) of this section or any of sections 44702–44716 of this title, the Administrator shall— (1) consider— (A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and

D-712 (B) differences between air transportation and other air commerce; and (2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce. (e) Bilateral Exchanges of Safety Oversight Responsibilities.— (1) In general.— Notwithstanding the provisions of this chapter, the Administrator, pursuant to Article 83 bis of the Convention on International Civil Aviation and by a bilateral agreement with the aeronautical authorities of another country, may exchange with that country all or part of their respective functions and duties with respect to registered aircraft under the following articles of the Convention: Article 12 (Rules of the Air); Article 31 (Certificates of Airworthiness); or Article 32a (Licenses of Personnel). (2) Relinquishment and acceptance of responsibility.— The Administrator relinquishes responsibility with respect to the functions and duties transferred by the Administrator as specified in the bilateral agreement, under the Articles listed in paragraph (1) for United States- registered aircraft described in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and duties under those Articles for aircraft registered abroad and described in paragraph (4)(B) that are transferred to the United States. (3) Conditions.— The Administrator may predicate, in the agreement, the transfer of functions and duties under this subsection on any conditions the Administrator deems necessary and prudent, except that the Administrator may not transfer responsibilities for United States registered aircraft described in paragraph (4)(A) to a country that the Administrator determines is not in compliance with its obligations under international law for the safety oversight of civil aviation. (4) Registered aircraft defined.— In this subsection, the term “registered aircraft” means— (A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in another country; and (B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in the United States. (f) Exemptions.— The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702–44716 of this title if the Administrator finds the exemption is in the public interest.

D-713 49 U.S.C. § 44921 (2015) Federal flight deck officer program (a) Establishment.-The Under Secretary of Transportation for Security shall establish a program to deputize volunteer pilots of air carriers providing air transportation or intrastate air transportation as Federal law enforcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy. Such officers shall be known as "Federal flight deck officers". (b) Procedural Requirements.- (1) In general.-Not later than 3 months after the date of enactment of this section, the Under Secretary shall establish procedural requirements to carry out the program under this section. (2) Commencement of program.-Beginning 3 months after the date of enactment of this section, the Under Secretary shall begin the process of training and deputizing pilots who are qualified to be Federal flight deck officers as Federal flight deck officers under the program. (3) Issues to be addressed.-The procedural requirements established under paragraph (1) shall address the following issues: (A) The type of firearm to be used by a Federal flight deck officer. (B) The type of ammunition to be used by a Federal flight deck officer. (C) The standards and training needed to qualify and requalify as a Federal flight deck officer. (D) The placement of the firearm of a Federal flight deck officer on board the aircraft to ensure both its security and its ease of retrieval in an emergency. (E) An analysis of the risk of catastrophic failure of an aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the program into the avionics, electrical systems, or other sensitive areas of the aircraft. (F) The division of responsibility between pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal flight deck officer and if both pilots are Federal flight deck officers. (G) Procedures for ensuring that the firearm of a Federal flight deck officer does not leave the cockpit if there is a disturbance in the passenger cabin of the aircraft or if the pilot leaves the cockpit for personal reasons. (H) Interaction between a Federal flight deck officer and a Federal air marshal on board the aircraft.

D-714 (I) The process for selection of pilots to participate in the program based on their fitness to participate in the program, including whether an additional background check should be required beyond that required by section 44936(a)(1). (J) Storage and transportation of firearms between flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such security would be enhanced by requiring storage of the firearm at the airport when the pilot leaves the airport to remain overnight away from the pilot's base airport. (K) Methods for ensuring that security personnel will be able to identify whether a pilot is authorized to carry a firearm under the program. (L) Methods for ensuring that pilots (including Federal flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to carry a firearm aboard the aircraft. (M) Any other issues that the Under Secretary considers necessary. (N) The Under Secretary's decisions regarding the methods for implementing each of the foregoing procedural requirements shall be subject to review only for abuse of discretion. (4) Preference.-In selecting pilots to participate in the program, the Under Secretary shall give preference to pilots who are former military or law enforcement personnel. (5) Classified information.-Notwithstanding section 552 of title 5 but subject to section 40119 of this title, information developed under paragraph (3)(E) shall not be disclosed. (6) Notice to congress.-The Under Secretary shall provide notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate after completing the analysis required by paragraph (3)(E). (7) Minimization of risk.-If the Under Secretary determines as a result of the analysis under paragraph (3)(E) that there is a significant risk of the catastrophic failure of an aircraft as a result of the discharge of a firearm, the Under Secretary shall take such actions as may be necessary to minimize that risk. (c) Training, Supervision, and Equipment.- (1) In general.-The Under Secretary shall only be obligated to provide the training, supervision, and equipment necessary for a pilot to be a Federal flight deck officer under this section at no expense to the pilot or the air carrier employing the pilot. (2) Training.-

D-715 (A) In general.-The Under Secretary shall base the requirements for the training of Federal flight deck officers under subsection (b) on the training standards applicable to Federal air marshals; except that the Under Secretary shall take into account the differing roles and responsibilities of Federal flight deck officers and Federal air marshals. (B) Elements.-The training of a Federal flight deck officer shall include, at a minimum, the following elements: (i) Training to ensure that the officer achieves the level of proficiency with a firearm required under subparagraph (C)(i). (ii) Training to ensure that the officer maintains exclusive control over the officer's firearm at all times, including training in defensive maneuvers. (iii) Training to assist the officer in determining when it is appropriate to use the officer's firearm and when it is appropriate to use less than lethal force. (C) Training in use of firearms.- (i) Standard.-In order to be deputized as a Federal flight deck officer, a pilot must achieve a level of proficiency with a firearm that is required by the Under Secretary. Such level shall be comparable to the level of proficiency required of Federal air marshals. (ii) Conduct of training.-The training of a Federal flight deck officer in the use of a firearm may be conducted by the Under Secretary or by a firearms training facility approved by the Under Secretary. (iii) Requalification.-The Under Secretary shall require a Federal flight deck officer to requalify to carry a firearm under the program. Such requalification shall occur at an interval required by the Under Secretary. (d) Deputization.- (1) In general.-The Under Secretary may deputize, as a Federal flight deck officer under this section, a pilot who submits to the Under Secretary a request to be such an officer and whom the Under Secretary determines is qualified to be such an officer. (2) Qualification.-A pilot is qualified to be a Federal flight deck officer under this section if- (A) the pilot is employed by an air carrier; (B) the Under Secretary determines (in the Under Secretary's discretion) that the pilot meets the standards established by the Under Secretary for being such an officer; and (C) the Under Secretary determines that the pilot has completed the training required by the Under Secretary.

D-716 (3) Deputization by other federal agencies.-The Under Secretary may request another Federal agency to deputize, as Federal flight deck officers under this section, those pilots that the Under Secretary determines are qualified to be such officers. (4) Revocation.-The Under Secretary may,1 (in the Under Secretary's discretion) revoke the deputization of a pilot as a Federal flight deck officer if the Under Secretary finds that the pilot is no longer qualified to be such an officer. (e) Compensation.-Pilots participating in the program under this section shall not be eligible for compensation from the Federal Government for services provided as a Federal flight deck officer. The Federal Government and air carriers shall not be obligated to compensate a pilot for participating in the program or for the pilot's training or qualification and requalification to carry firearms under the program. (f) Authority To Carry Firearms.- (1) In general.-The Under Secretary shall authorize a Federal flight deck officer to carry a firearm while engaged in providing air transportation or intrastate air transportation. Notwithstanding subsection (c)(1), the officer may purchase a firearm and carry that firearm aboard an aircraft of which the officer is the pilot in accordance with this section if the firearm is of a type that may be used under the program. (2) Preemption.-Notwithstanding any other provision of Federal or State law, a Federal flight deck officer, whenever necessary to participate in the program, may carry a firearm in any State and from 1 State to another State. (3) Carrying firearms outside united states.-In consultation with the Secretary of State, the Under Secretary may take such action as may be necessary to ensure that a Federal flight deck officer may carry a firearm in a foreign country whenever necessary to participate in the program. (g) Authority To Use Force.-Notwithstanding section 44903(d), the Under Secretary shall prescribe the standards and circumstances under which a Federal flight deck officer may use, while the program under this section is in effect, force (including lethal force) against an individual in the defense of the flight deck of an aircraft in air transportation or intrastate air transportation. (h) Limitation on Liability.- (1) Liability of air carriers.-An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of a Federal flight deck officer's use of or failure to use a firearm. (2) Liability of federal flight deck officers.-A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of

D-717 the officer in defending the flight deck of an aircraft against acts of criminal violence or air piracy unless the officer is guilty of gross negligence or willful misconduct. (3) Liability of federal government.-For purposes of an action against the United States with respect to an act or omission of a Federal flight deck officer in defending the flight deck of an aircraft, the officer shall be treated as an employee of the Federal Government under chapter 171 of title 28, relating to tort claims procedure. (i) Procedures Following Accidental Discharges.-If an accidental discharge of a firearm under the pilot program results in the injury or death of a passenger or crew member on an aircraft, the Under Secretary- (1) shall revoke the deputization of the Federal flight deck officer responsible for that firearm if the Under Secretary determines that the discharge was attributable to the negligence of the officer; and (2) if the Under Secretary determines that a shortcoming in standards, training, or procedures was responsible for the accidental discharge, the Under Secretary 2 may temporarily suspend the program until the shortcoming is corrected. (j) Limitation on Authority of Air Carriers.-No air carrier shall prohibit or threaten any retaliatory action against a pilot employed by the air carrier from becoming a Federal flight deck officer under this section. No air carrier shall- (1) prohibit a Federal flight deck officer from piloting an aircraft operated by the air carrier; or (2) terminate the employment of a Federal flight deck officer, solely on the basis of his or her volunteering for or participating in the program under this section. (k) Applicability.- (1) Exemption.-This section shall not apply to air carriers operating under part 135 of title 14, Code of Federal Regulations, and to pilots employed by such carriers to the extent that such carriers and pilots are covered by section 135.119 of such title or any successor to such section. (2) Pilot defined.-The term "pilot" means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck crew member. (3) All-cargo air transportation.-In this section, the term "air transportation" includes all-cargo air transportation. 49 U.S.C. § 46403 (2015) Carrying a Weapon (a) Civil penalty. An individual who, when on, or attempting to board, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual

D-718 or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight is liable to the United States Government for a civil penalty of not more than $ 10,000 for each violation. (b) Compromise and setoff. (1) The Secretary of Homeland Security 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 or the Secretary of Homeland Security by regulation authorizes to carry arms in an official capacity. 49 U.S.C. § 46505 (2015) Carrying a weapon or explosive on an aircraft (a) Definition.— 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 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

D-719 (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 or the Under Secretary of Transportation for Security 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. (e) Conspiracy.— If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection. CODE OF FEDERAL REGULATIONS 49 C.F.R. § 1503.401 (2015) Maximum penalty amounts (a) General. TSA may assess civil penalties not exceeding the following amounts against a person for the violation of a TSA requirement. (b) In General. Except as provided in paragraph (c) of this section, in the case of violation of title 49 U.S.C. or 46 U.S.C. chapter 701, or a regulation prescribed or order issued under any of those provisions, TSA may impose a civil penalty in the following amounts: (1) $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632); and (2) $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person. (c) Certain aviation related violations. In the case of a violation of 49 U.S.C. chapter 449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, or a regulation prescribed or order issued under any of those provisions, TSA may impose a civil penalty in the following amounts: (1) $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual (except an airman serving as an airman), any person not operating an aircraft for the transportation of passengers or property for compensation, or a small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632).

D-720 (2) $25,000 per violation, up to a total of $400,000 per civil penalty action, in the case of a person operating an aircraft for the transportation of passengers or property for compensation (except an individual serving as an airman). (d) Inflation adjustment. TSA may adjust the maximum civil penalty amounts in conformity with the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 (note). Minimum and maximum civil penalties within the jurisdiction of TSA are adjusted for inflation as follows: [Omitted]. 49 C.F.R. § 1503.413 (2015) Notice of Proposed Civil Penalty (a) Issuance. TSA may initiate a civil penalty action under this section by serving a Notice of Proposed Civil Penalty on the person charged with a violation of a TSA requirement. TSA will serve the Notice of Proposed Civil Penalty on the individual charged with a violation or on the president of the corporation or company charged with a violation, or other representative or employee previously identified in writing to TSA as designated to receive such service. A corporation or company may designate in writing to TSA another person to receive service of any subsequent documents in that civil penalty action. (b) Contents. The Notice of Proposed Civil Penalty contains a statement of the facts alleged, the statute, regulation, or order allegedly violated, the amount of the proposed civil penalty, and a certificate of service. (c) Response. Not later than 30 days after receipt of the Notice of Proposed Civil Penalty, the person charged with a violation may take one, and only one, of the following options. (1) Submit a certified check or money order in the amount of the proposed civil penalty made payable to Transportation Security Administration, at the address specified in the Notice of Proposed Civil Penalty, or make payment electronically through http://www.pay.gov. (2) Submit to the agency attorney who issued the Notice of Proposed Civil Penalty one of the following: (i) A written request that TSA issue an Order Assessing Civil Penalty in the amount stated in the Notice of Proposed Civil Penalty without further notice, in which case the person waives the right to request a Formal Hearing, and payment is due within 30 days of receipt of the Order. (ii) Written information and other evidence, including documents and witness statements, demonstrating that a violation of the regulations did not occur as alleged, or that the proposed penalty is not warranted by the circumstances. (iii) A written request to reduce the proposed civil penalty, the amount of requested reduction, together with any documents supporting a reduction of the proposed civil penalty, which reflect a

D-721 current financial inability to pay or records showing that payment of the proposed civil penalty would prevent the person from continuing in business. (iv) A written request for an Informal Conference, at a date to be determined by the agency attorney, to discuss the matter with the agency attorney and to submit supporting evidence and information to the agency attorney before the date of the Informal Conference. (3) Submit to the agency attorney and to TSA's Enforcement Docket Clerk a written request for a Formal Hearing before an ALJ in accordance with subpart G of this part. TSA's Enforcement Docket Clerk is currently located at the United States Coast Guard (USCG) ALJ Docketing Center, 40 S. Gay Street, Room 412, Baltimore, Maryland 21202-4022. 49 C.F.R. § 1503.417 (2015) Final Notice of Proposed Civil Penalty and Order (a) Issuance. TSA may issue a Final Notice of Proposed Civil Penalty and Order (“Final Notice and Order”) to a person charged with a violation in the following circumstances: (1) The person has failed to respond to a Notice of Proposed Civil Penalty within 30 days after receipt of that notice. (2) The person requested an Informal Conference under § 1503.413(c)(2), but failed to attend the conference or continuation of the conference or provide the agency attorney with a written request showing good cause for rescheduling of the informal conference to a specified alternate date. (3) The parties have participated in an Informal Conference or other informal proceedings as provided in § 1503.413(c)(2) and the parties have not agreed to compromise the action or the agency attorney has not agreed to withdraw the notice of proposed civil penalty. (b) Contents. The Final Notice and Order will contain a statement of the facts alleged, the law allegedly violated by the respondent, and the amount of the proposed civil penalty. The Final Notice and Order may reflect a modified allegation or proposed civil penalty as a result of information submitted to the agency attorney during the informal proceedings held under § 1503.413(c)(2). 49 C.F.R. § 1503.419 (2015) Order Assessing Civil Penalty (a) Issuance pursuant to a settlement. TSA will issue an Order Assessing Civil Penalty if the parties have participated in an Informal Conference or other informal proceedings as provided in § 1503.413(c)(2) and agreed to a civil penalty amount in compromise of the matter, in which case the person waives the right to request a formal hearing, and payment is due within 30 days of receipt of the Order.

D-722 (b) Automatic issuance. A Final Notice and Order automatically converts to an Order Assessing Civil Penalty if— (1) The person charged with a violation submits a certified check or money order in the amount reflected in the Final Notice and Order to Transportation Security Administration, to the address specified in the Final Notice and Order, or makes such payment electronically through http://www.pay.gov; or (2) The person fails to respond to the Final Notice and Order or request a formal hearing within 15 days after receipt of that notice. 49 C.F.R. § 1503.421 (2015) Streamlined civil penalty procedures for certain security violations (a) Notice of violation. TSA, at the agency's discretion, may initiate a civil penalty action through issuance of a Notice of Violation for violations described in the section and as otherwise provided by the Administrator. TSA may serve a Notice of Violation on an individual who violates a TSA requirement by presenting a weapon, explosive, or incendiary for screening at an airport or in checked baggage, where the amount of the proposed civil penalty is less than $5,000. (b) Contents. A Notice of Violation contains a statement of the charges, the amount of the proposed civil penalty, and an offer to settle the matter for a lesser specified penalty amount. (c) Response. Not later than 30 days after receipt of the Notice of Violation, the individual charged with a violation must respond to TSA by taking one, and only one, of the following options. (1) Submit a certified check or money order for the lesser specified penalty amount in the Notice of Violation, made payable to Transportation Security Administration and sent to the address specified in the Notice of Violation, or make such payment electronically through http://www.pay.gov. (2) Submit to the office identified in the Notice of Violation one of the following: (i) Written information and other evidence, including documents and witness statements, demonstrating that a violation of the regulations did not occur as alleged, or that the proposed penalty is not warranted by the circumstances. (ii) A written request to reduce the proposed civil penalty, the amount of requested reduction, together with any documents supporting a reduction of the proposed civil penalty, which reflect a current financial inability to pay or records showing that payment of the proposed civil penalty would prevent the person from continuing in business.

D-723 (iii) A written request for an Informal Conference, at a date to be determined by an agency official, to discuss the matter with the agency official and to submit supporting evidence and information to the agency official before the date of the Informal Conference. (3) Submit to the office identified in the Notice of Violation and to TSA's Enforcement Docket Clerk a written request for a formal hearing before an ALJ in accordance with subpart G. A request for a formal hearing before an ALJ must be submitted to the address provided in § 1503.413(c)(3). (d) Final Notice of Violation and Civil Penalty Assessment Order. TSA may issue a Final Notice of Violation and Civil Penalty Assessment Order (“Final Notice and Order”) to the recipient of a Notice of Violation in the following circumstances: (1) The individual has failed to respond to a Notice of Violation within 30 days after receipt of that notice. (2) The individual requested an Informal Conference under §1503.421(c)(2)(iii) but failed to attend the conference or continuation of the conference or provide the agency official with a written request showing good cause for rescheduling the informal conference to a specified alternate date. (3) The parties have participated in an Informal Conference or other informal proceedings as provided in § 1503.421(c)(2) and the parties have not agreed to compromise the action or the agency official has not agreed to withdraw the Notice of Violation. (e) Order Assessing Civil Penalty. A Final Notice and Order automatically converts to an Order Assessing Civil Penalty if— (1) The individual charged with a violation submits a certified check or money order in the amount reflected in the Final Notice and Order to Transportation Security Administration at the address specified in the Final Notice and Order, or makes such payment electronically through http://www.pay.gov; or (2) The individual fails to respond to the Final Notice and Order or request a formal hearing within 15 days after receipt of that notice. (f) Delegation of authority. The authority of the Administrator, under 49 U.S.C. 46301, to initiate, negotiate, and settle civil penalty actions under this section is delegated to the Assistant Administrator for Security Operations. This authority may be further delegated. 49 C.F.R. § 1540.111 (2015) Carriage of weapons, explosives, and incendiaries by individuals (a) On an individual's person or accessible property—prohibitions. Except as provided in paragraph (b) of this section, an individual may not have a weapon, explosive, or incendiary, on or about the individual's person or accessible property—

D-724 (1) When performance has begun of the inspection of the individual's person or accessible property before entering a sterile area, or before boarding an aircraft for which screening is conducted under this subchapter; (2) When the individual is entering or in a sterile area; or (3) When the individual is attempting to board or onboard an aircraft for which screening is conducted under §§ 1544.201, 1546.201, or 1562.23 of this chapter. (b) On an individual's person or accessible property—permitted carriage of a weapon. Paragraph (a) of this section does not apply as to carriage of firearms and other weapons if the individual is one of the following: (1) Law enforcement personnel required to carry a firearm or other weapons while in the performance of law enforcement duty at the airport. (2) An individual authorized to carry a weapon in accordance with §§ 1544.219, 1544.221, 1544.223, 1546.211, or subpart B of part 1562 of this chapter. (3) An individual authorized to carry a weapon in a sterile area under a security program. (c) In checked baggage. A passenger may not transport or offer for transport in checked baggage or in baggage carried in an inaccessible cargo hold under § 1562.23 of this chapter: (1) Any loaded firearm(s). (2) Any unloaded firearm(s) unless— (i) The passenger declares to the aircraft operator, either orally or in writing, before checking the baggage, that the passenger has a firearm in his or her bag and that it is unloaded; (ii) The firearm is unloaded; (iii) The firearm is carried in a hard-sided container; and (iv) The container in which it is carried is locked, and only the passenger retains the key or combination. (3) Any unauthorized explosive or incendiary. (d) Ammunition. This section does not prohibit the carriage of ammunition in checked baggage or in the same container as a firearm. Title 49 CFR part 175 provides additional requirements governing carriage of ammunition on aircraft.

Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports Get This Book
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TRB's Airport Cooperative Research Program (ACRP) Web Only Document 29: Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports contains an index and text of federal and state statutes as well United States Code and federal regulations affecting the possession of firearms at airports. The document accompanies ACRP Legal Research Digest 29: Impact of Firearms Laws on Airports that analyzes recent court cases on federal and state laws that have been challenged for restricting or prohibiting the carrying of firearms in public and other places. The digest also includes a compendium of federal and state laws that are relevant to the carrying of guns at airports and elsewhere.

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