Fatally Flawed: Federal Regulations Concerning Handguns on Airplanes

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A special supplement to Ken Cubbin's article "Fatally Flawed."

[CITE: 14CFR108.11]  [Page 332-334]

TITLE 14—AERONAUTICS AND SPACE

CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
(Continued)

PART 108—AIRPLANE OPERATOR SECURITY—Table of Contents

Sec. 108.11 Carriage of weapons.

(a) No certificate holder required to conduct screening under a
security program may permit any person to have, nor may any person have,
on or about his or her person or property, a deadly or dangerous weapon,
either concealed or unconcealed, accessible to him or her while aboard
an airplane for which screening is required unless:

(1) The person having the weapon is—

(i) An official or employee of the United States, or a State or
political subdivision of a State, or of a municipality who is authorized
by his or her agency to have the weapon; or

(ii) Authorized to have the weapon by the certificate holder and the
Administrator and has successfully completed a course of training in the
use of firearms acceptable to the Administrator.

(2) The person having the weapon needs to have the weapon accessible
in connection with the performance of his or her duty from the time he
or she would otherwise check it in accordance with paragraph (d) of this
section until the time it would be returned after deplaning.

(3) The certificate holder is notified—

(i) Of the flight on which the armed person intends to have the
weapon accessible to him or her at least 1 hour, or in an emergency as
soon as practicable, before departure; and

(ii) When the armed person is other than an employee or official of
the United States, that there is a need for the weapon to be accessible
to the armed person in connection with the performance of that person's
duty from the time he or she would otherwise check it in accordance with
paragraph (d) of this section until the time it would be returned to him
or her after deplaning.

(4) The armed person identifies himself or herself to the
certificate holder by presenting credentials that include his or her
clear, full-face picture, his or her signature, and the signature of the
authorizing official of his or her service or the official seal of his
or her service. A badge, shield, or similar may not be used as the sole
means of identification.

(5) The certificate holder—

(i) Ensures that the armed person is familiar with its procedures
for carrying a deadly or dangerous weapon aboard its airplane before the
time the person boards the airplane;

(ii) Ensures that the identity of the armed person is known to each
law enforcement officer and each employee of the certificate holder
responsible for security during the boarding of the airplane; and

(iii) Notifies the pilot in command, other appropriate crewmembers,
and any other person authorized to have a weapon accessible to him or
her aboard the airplane of the location of each authorized armed person
aboard the airplane.

(b) No person may, while on board an airplane operated by a
certificate holder for which screening is not conducted, carry on or
about that person a deadly or dangerous weapon, either concealed or
unconcealed. This paragraph does not apply to—

(1) Officials or employees of a municipality or a State, or of the
United States, who are authorized to carry arms; or

(2) Crewmembers and other persons authorized by the certificate
holder to carry arms.

(c) No certificate holder may knowingly permit any person to
transport, nor may any person transport or tender for transport, any
explosive, incendiary or a loaded firearm in checked baggage aboard an
airplane. For the purpose of this section, a loaded firearm means a
firearm which has a live round of ammunition, cartridge, detonator, or
powder in the chamber or in a clip, magazine, or cylinder inserted in
it.

(d) No certificate holder may knowingly permit any person to
transport, nor may any person transport or tender for transport, any
unloaded firearm in checked baggage aboard an airplane unless—

(1) The passenger declares to the certificate holder, either orally
or in writing before checking the baggage, that any firearm carried in
the baggage is unloaded;

(2) The firearm is carried in a container the certificate holder
considers appropriate for air transportation;

(3) When the firearm is other than a shotgun, rifle, or other
firearm normally fired from the shoulder position, the baggage in which
it is carried is locked, and only the passenger checking the baggage
retains the key or combination; and

(4) The baggage containing the firearm is carried in an area, other
than the flightcrew compartment, that is inaccessible to passengers.

(e) No certificate holder may serve any alcoholic beverage to a
person having a deadly or dangerous weapon accessible to him or her nor
may such person drink any alcoholic beverage while aboard an airplane
operated by the certificate holder.

(f) Paragraphs (a), (b), and (d) of this section do not apply to the
carriage offirearms aboard air carrier flights conducted for the military forces of
the Government of the United States when the total cabin load of the
airplane is under exclusive use by those military forces if the
following conditions are met:

(1) No firearm is loaded and all bolts to such firearms are locked
in the open position; and

(2) The certificate holder is notified by the unit commander or
officer in charge of the flight before boarding that weapons will be
carried aboard the aircraft.

[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4, 51
FR 1352, Jan. 10, 1986]