Impact of Firearms Laws on Airports (2016) / Chapter Skim
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Pages 27-35
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From page 27... ...
27 building…."283 In Wisconsin, unless a person has a license to carry a concealed weapon, it is unlawful for any person with a firearm to enter "any building owned or leased by the state or any political subdivision of the state,"284 but Wisconsin allows government authorities to post a notice that prohibits the carrying of firearms by licensees in public buildings.285 3. States in Which Governmental Units Lack Authority to Post Signs Prohibiting Licensees from Carrying a Firearm in a Public Building Some legislatures have decreed that governmental units lack any authority to post signs prohibiting license holders from carrying a firearm in a public building.
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28 are prohibited from carrying firearms and other weapons or explosive devices.292 There are state statutes that specifically prohibit a person, including one having a license to carry a concealed weapon, from entering the sterile area of an airport.293 For example, a Missouri statute provides: No concealed carry permit issued pursuant to [Mo.
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29 prove the defendant's knowledge or intent for a conviction, the district court distinguished the Ndikum case. The court held that Section 6.5 of MAC Ordinance 91 is a public welfare and safety ordinance that strictly prohibits all citizens, law-abiding or otherwise, from placing a handgun onto security inspection equipment "without first declaring such item."300 As a public safety and welfare regulation, the ordinance does not require proof of the defendant's mens rea; thus, the State was not required to prove the defendant's knowledge or intent to obtain a conviction for violating the ordinance.301 As for general aviation terminals and facilities and secure areas, an Arkansas law excludes general aviation: "General aviation areas [are]
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30 C State Laws Specifically Prohibiting Firearms in Airport Terminals and on Other Airport Property Several states by statute have prohibited the possession of firearms anywhere in airport terminals, including areas for ticketing and baggage claim, with some states also prohibiting them on other airport property.
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31 the person has a valid permit to carry the firearm and carries it in compliance both with Iowa Code section 724.4(4)
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32 prohibits firearms anywhere in the terminal of three airports subject to its authority. In Pennsylvania, an Allegheny County (Pittsburgh being the county seat)
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33 may carry, possess, use or store any Firearm, ammunition, explosive or destructive device or other deadly Weapons in any form inside the Passenger Terminal or on Airport property [except when] properly encased for shipment…as cargo or checked baggage and actually delivered to an airline before the Person approaches the security checkpoint.346 Clinton National/Adams Field Airport in Little Rock, Arkansas, cited Section 305 of its rules that prohibit firearms inside the terminal building "unless carried by sworn law enforcement officers or packaged for shipment via aircraft in compliance with federal regulations."347 All persons not authorized to have a firearm in the terminal are directed to "surrender all such firearms, explosives or similar inflammable materials in their possession upon demand to the Airport Police or remove same from the Airport." Several airports that responded to the survey also advised that they have posted signs prohibiting firearms.
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34 [Airport Operations Area]
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35 F State Laws Prohibiting Licensed Individuals from Carrying a Concealed Firearm in the Nonsterile Area of an Airport Several statutes provide that a license to carry a concealed handgun does not authorize the licensed holder to carry a handgun into an airport except for shipment as further authorized by law.373 In response to the survey, 17 airports reported that under the laws of their state, a licensee may carry a concealed firearm in the nonsterile area of an airport or on airport property.374 Eight airports stated that concealed carry firearms could not be carried in the nonsterile area of an airport or on airport property.375 A review Airport in North Dakota,368 Portland International Airport in Oregon,369 LAX,370 and Seattle–Tacoma International Airport.371 Thus, based on the statutes located for the digest, airport responses to the survey, and airport rules and regulations or policies, discussed respectively in Sections VI.C, VI.D, and VI.E, it appears that 11 states and at least 1 airport in 12 more states ban firearms in airport terminals: Alaska, Arkansas, California, Florida, Iowa, Maine (Augusta State Airport)
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