National Academies Press: OpenBook

Impact of Firearms Laws on Airports (2016)

Chapter: CONTENTS

« Previous: Legal Research Digest 29: Impact of Firearms Laws on Airports
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Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2016. Impact of Firearms Laws on Airports. Washington, DC: The National Academies Press. doi: 10.17226/23597.
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CONTENTS Introduction, 3 I. Synthesis and Summary of Key Points and Trends, 5 II. Federal Constitutional Right to Bear Arms and Recent Cases, 7 A. The United States Supreme Court’s Decision in District of Columbia v. Heller, 7 B. Whether Gun Control Laws Are Presumptively Constitutional, 8 C. Recent Cases Deciding the Constitutionality of Firearms Laws, 9 D. Whether It Is Constitutional to Ban the Open Carrying of Firearms, 11 E. Airports as a Sensitive Place Within the Meaning of Heller, 13 F. Recent Reliance on Expert Testimony in Determining the Constitutionality of Firearms Laws, 14 III. State Laws Prohibiting or Imposing Restrictions on the Possession of Firearms on Public Streets and Highways, in Public Places, and in Motor Vehicles, 15 A. Introduction, 15 B. Laws Applicable to Firearms on Public Streets and Highways or Public Transportation, 16 C. Laws Applicable to the Possession of a Firearm in a Motor Vehicle, 18 IV. State Laws on the Possession of a Firearm in a Motor Vehicle in a Public or Private Parking Facility, 21 A. Introduction, 21 B. State Laws that Apply to the Possession of Firearms in Publicly Owned or Leased Parking Facilities, 21 C. State Laws that Apply to the Possession of a Firearm in a Motor Vehicle in Airport Parking Areas, 22 D. Possession of Firearms in Privately Owned or Leased Parking Facilities, 23 V. State Laws that Prohibit Firearms in Publicly Owned or Leased Buildings, 23 A. Introduction, 23 B. State Laws that Prohibit Firearms in Publicly Owned or Leased Buildings, 24 C. State Laws Authorizing the Posting of Signs Prohibiting Firearms in Public Buildings, 25 D. Whether a License to Carry a Firearm or a Concealed Firearm Allows Possession of a Firearm in a Public Building, 26 VI. Federal and State Laws on the Possession of a Firearm in Airport Terminals, 27 A. Federal and State Laws that Prohibit Firearms in the Sterile Area of an Airport, 27 B. State Laws that Prohibit or Restrict the Open Carrying of a Firearm, 29 C. State Laws Specifically Prohibiting Firearms in Airport Terminals and on Other Airport Property, 30 D. Airport Responses on the Legality of Carrying Firearms in the Nonsterile Area of an Airport, 32 E. Airport Rules and Regulations Prohibiting Firearms in Airport Terminals or on Other Airport Property, 33 F. State Laws Prohibiting Licensed Individuals from Carrying a Concealed Firearm in the Nonsterile Area of an Airport, 35 VII. State Laws that Prohibit the Possession of Firearms by Certain Persons or that Prohibit Certain Types of Firearms, 36 A. Individuals Convicted of a Felony or Other Serious Crime, 36 B. Unlawful Possession of a Firearm by Persons Under 21 Years of Age, 36 C. Illegal Possession of a Firearm While Under the Influence of Alcohol or Drugs, 37 D. Possession of a Firearm that Is Illegal Under State Law, 38 VIII. State Laws that Allow Private Establishments to Prohibit Firearms, 38 A. Introduction, 38 B. State Statutes Permitting Private Establishments to Prohibit Firearms, 39 IX. State Laws Prohibiting an Individual from Possessing a Firearm in a Bar or Restaurant Serving Alcoholic Beverages for Consumption on the Premises, 41 X. Whether the Carrying of a Firearm in an Airport Is a Disturbance of the Peace or Violates Other State or Local Laws, 42 XI. State Laws Applicable to Individuals Carrying a Firearm in Violation of Their License or Permit, 44 A. A Licensee’s or Permittee’s Continuing Obligation to Comply with the Conditions for a License or Permit, 44 B. Statutory Eligibility Conditions for a License to Carry a Firearm or to Carry a Concealed Firearm, 46 C. Whether an Out-of-State License or Permit Is Valid in Another State, 47 XII. Relationship of State Statutes and Local Laws Regulating Firearms at Airports, 48 A. State Preemption of Local Regulation of Firearms, 48 B. Cases on Home Rule and Firearms Regulation, 49 XIII. Law Enforcement Officers’ Response to Persons Carrying a Firearm in an Airport, 50 XIV. Federal Statutes Applicable to the Possession of Firearms in Airports or on Airport Property, 52 A. Federal Regulations Prohibiting Firearms at a Screening Checkpoint and in the Sterile Area of an Airport, 52 B. Administrative Penalties Imposed by TSA for Firearm Possession at Security Checkpoints and in the Sterile Area of an Airport, 53 C. Federal Flight Deck Officer Program, 53 D. Interstate Transportation of Firearms, 54 E. Undetectable Firearms Act of 1988, 55 XV. Liability for Prohibiting the Carrying of a Firearm in an Airport Terminal or on Other Airport Property, 55 A. Whether Airports and Airport Authorities Have Sovereign Immunity, 55 B. State Laws Applicable to Whether an Airport Is Liable for Allowing or Prohibiting a Firearm in the Airport Terminal or on Other Airport Property, 56 C. Whether There Is a Bivens or § 1983 Claim for Prohibiting an Individual from Carrying a Firearm in an Airport, 57 Conclusion, 62 Appendices, 64

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TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 29: Impact of Firearms Laws on Airports 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 right to carry guns at airports is subject to the U.S. Constitution, federal and state legislation, and judicial decisions. Some state laws allow guns to be carried openly in public places. Most state laws regulate how guns are to be carried in a vehicle or left in a public or an employer’s parking lot. These and other state laws also have ramifications for commercial airports in the United States.

Accompanying the report are appendices available online:

  • Appendix A: Survey Questions
  • Appendix B: List of Airports and Airport Authorities Responding to the Survey
  • Appendix C: Summary of Responses by Airports and Airport Authorities to the Survey
  • Appendix D: ACRP Web Only Document 29: Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports
  • Appendix E: Airport Ordinances, Policies, and Rules and Regulations Provided by Airports Responding to the Survey
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