Actual Regulation Text

Gun Laws in Airtravel

 

1. Summary of Pertinent Regulations

by Laird P. Broadfield (lairdb@crash.cts.com)

(Responding to a question about how to transport a firearm when traveling by airline. Info is as of December, 1993.)

Here's the scoop. (N.B.: This applies to domestic airline travel, and deals only with the airline part -- the rules on the ground where you start or where you stop are a separate question.)

You can *not* carry a firearm on board. (Obviously.) You can *check* firearms, provided they are *unloaded* and packed in a suitable *hard* case. You *must* declare the firearm when you check the bag. (Not declaring a checked firearm is, according to the posted sign, "subject to a civil penalty of up to $10,000" and may also involve criminal penalties.) The check-in person will dig through their console and find a tag, usually flourescent orange, which will be date-stamped and initialed by the person, and which you will sign, attesting that (hang on, I've still got today's...)

"I understand that the carriage of a loaded weapon is a violation of federal regulations. I therefore declare that the firearm(s) contained in my luggage is not loaded and my luggage contains no more than five pounds of ammunition per firearm transported. Furthermore, the luggage containing the declared firearm(s) is locked and I alone am in posession of the key or combination."

That's from Southwest Airlines; the others are roughly parallel as best I can remember. The person *may* ask to inspect the firearm to see that it is unloaded (if you are dumb enough to bring a loaded firearm up to the airline counter, then "think of it as evolution in action" is my only comment) so have the keys/whatever handy. The person will then attach the tag to your luggage. This is where things start to get fun: these tags are often referred to as "Steal Me" tags -- this term is slowly falling out of use as the airlines slowly adapt to the idea of putting the tag *inside* the outer bag. Most (but not all) carriers will allow you to attach the tag to the hard case, then tuck it inside another bag. I've had them let me just toss it loose inside the outer bag, and I've also had them insist that it be attached to the zipper of the outer bag, but the tag *itself* could be zipped inside (so just a little string was peeking out. The logic of this escapes me.) Some will want to attach the tag to the outside of the outer bag; if you have time, it's probably worth asking for the supervisor and making a polite fuss. (All this tag discussion assumes you've got an outer case -- if you're just checking a rifle or shotgun case alone, then the tag goes on the outside.)

(Another note on the tag: The recently passed "Brady Bill" contains a provision that seems to require that the tag *not* be visible on the outside. The provisions of the Act take effect at the end of February, 1994; we'll see.)

As best I can tell (and according to a couple of airline people) there is no recordation of even the fact that you have checked a firearm, let alone any details about number or type. (This is a dual-purpose mention; some will find this interesting because they don't like paper trails, some because they're concerned about lost luggage.) WRT lost luggage, make sure you have recorded the type and serial number of anything you check (you *do* have all that stuff written down somewhere, right?) If you want to insure, check to make sure the insurance covers firearms; they may specifically except firearms as they do furs, silverware, etc.

The ammunition limits seem to vary from line to line, call ahead and ask. (Just call the reservations number, they'll pass you to a supervisor if they need to. If you do call, have them tell you what section of their manual allows you to check a firearm (could be a useful fact if you get a grumpy counter-person.)) As noted above, Southwest says "five pounds per gun" and I've also heard of five pounds total. Other r.g correspondents have reported five _kilos_ total, so I'd suggest calling ahead if you're carrying an interesting amount. All will require that the ammunition be *outside* the gun's hard case, and in "factory packaging" (for handloads, those plastic lidded boxes seem to be okay.)

Some lines may impose a limit on the *number* of firearms that may be checked; again, the correct action is to call ahead and ask. If there is a limit, the magic number again seems to be five, but if you haven't flown the line before, it's worth calling.

Summary:
unloaded
in a hard case
*checked*
*declared* at check-in
tagged

 

2. Actual Regulation Text

by Dave Peters (d_peters@uoft02.utoledo.edu))


FAR (Federal Aviation Regulation) chapter 108.

[ Certificate holder means the airline (they are issued a "cerificate" to
operate as a US based airline - - after the requisite number of hoops
and jumps :). ]

  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:
  [...]   

 (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:
  [...]   

 (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) [deleted - serving booze to armed passengers]

(f) [deleted - special rules for certificate holders when operating as a
military charter aircraft and ONLY (except for crew) military personnel are
carried.]

 ** END 108.11 **