49 U.S.C. § 46505 — Carrying a weapon or explosive on an aircraft
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 393 words · no verdicts yet
Bringing a hidden weapon, loaded gun, or explosive onto a plane is a federal crime. It can mean up to 10 years in prison, or 20 if done recklessly. If someone dies, the sentence can reach life.
(a) Definition. "Loaded firearm" means a starter gun, or a weapon built or altered to fire a projectile using an explosive, that has a cartridge, detonator, or powder loaded in its chamber, magazine, cylinder, or clip.
(b) General Criminal Penalty. An individual is fined under title 18, imprisoned up to 10 years, or both, if they (1) while boarding or trying to board an aircraft used or meant for air transportation or intrastate air transportation, have a concealed dangerous weapon on or near them that would be reachable in flight; (2) have placed, tried to place, or tried to have placed a loaded firearm on that aircraft, in a spot passengers can't reach in flight; or (3) have on or near them, or have placed, tried to place, or tried to have placed on that aircraft, an explosive or incendiary device.
(c) Criminal Penalty Involving Disregard for Human Life. An individual who willfully — without regard for human safety, or with reckless disregard for human safety — violates (b), is fined under title 18, imprisoned up to 20 years, or both, and, if that causes someone's death, must be imprisoned for any term of years, or for life.
(d) Nonapplication. Subsection (b)(1) does not apply to (1) a state or local law enforcement officer, or a federal officer or employee, authorized to carry arms in an official capacity; (2) another individual the FAA Administrator or the TSA Administrator authorizes by regulation to carry a dangerous weapon in air transportation or intrastate air transportation; or (3) an individual carrying a weapon (other than a loaded firearm) in baggage a passenger can't reach in flight, if the air carrier was told about the weapon.
(e) Conspiracy. If two or more people conspire to violate (b) or (c), and one of them takes an action to carry out the conspiracy, each conspirator is punished as that subsection provides.
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.
An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual—
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;
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
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.
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.
Subsection (b)(1) of this section does not apply to—
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;
another individual the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or
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.
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.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 104–132, title VII, § 705(b), Apr. 24, 1996, 110 Stat. 1295; Pub. L. 107–56, title VIII, §§ 810(g), 811(j), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–71, title I, § 140(d)(8), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, § 1991(h)(1), Oct. 5, 2018, 132 Stat. 3645.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1244
- 1996Amended · Pub. L. 104-132 · 110 Stat. 1295
- 2001Amended · Pub. L. 107-56 · 115 Stat. 381, 382
- 2001Amended · Pub. L. 107-71 · 115 Stat. 642
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3645
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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