ATL Airport- Right to Retreat

Discussion in 'Places Off-Limits' started by gunsmoker, Sep 1, 2018.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

    If you have a GWL, you can carry at the Atlanta airport and even inside the terminal buildings, but not past the TSA-staffed security checkpoint or other security-screened areas (including restricted areas that only airport staff or contractors are allowed to use).

    For some years now, there has been a "right to retreat" (my paraphrase, not a quote) in the law for airports and some other off-limits locations. This has been repeated and incorporated into the new Code section dealing with firearms at commercial service airports (big airports with a high volume of cargo or freight service, not just recreational flying general aviation small planes).

    See Code section 16-11-130.2. For GWL holders or those with an out-of-state carry permit from a reciprocity state, here's what it says about the security checkpoint, if you have a gun and try to go through the metal detectors while armed:
    A person who is not a license holder and who violates this Code section shall be guilty of a misdemeanor.

    A license holder who violates this Code section shall be guilty of a misdemeanor; provided, however, that a license holder who is notified at the screening checkpoint for the restricted access area that he or she is in possession of a weapon or long gun and who immediately leaves the restricted access area following such notification
    and completion of federally required transportation security screening procedures
    shall not be guilty of violating this Code section.

    The other day we saw this new law correctly applied by police at Hartsfield-Jackson International Airport. Rapper T-Pain, a GWL holder, had one of his bodyguards carry his pistol and attempt to take it through the security checkpoint at the airport. The gun was found and both men were notified that they did not clear security and would not be allowed to proceed due to that. They were detained, but not arrested. They were detained and questioned.

    T-pain claimed ownership of the pistol and showed he had a weapons carry permit.
    (I assume his bodyguard had a carry permit of his own, too.)
    They were released after questioning.

    HOWEVER, the FEDERAL GOVERNMENT doesn't like the idea of carrying guns at airports, and they HATE the idea that by just having a state-issued carry permit you can try to smuggle your gun onto an aircraft with you, and you only risk missing your flight by being briefly questioned or having to go walk out to your vehicle and lock it up there and come back unarmed. The FEDS want to see carry permit holders punished for any attempt to bring a gun to or through a security checkpoint.

    THe feds have announced a new policy of imposing a fine of up to $100,000 and putting people in jail for a YEAR, even if possessing the gun was legal under state law and the "right of retreat" in Georgia law covered how the gun was discovered at a security screening point.

    Federal Regulation, 49 CFR 1540.111, contains the ban on carrying guns to or while at a security checkpoint or other secure area of an airport.

    Federal Regulation 49 CFR 1503.401 says violations done by individuals (natural persons) or small business concerns can get a penalty assessed up to $55,910.00 per violation. I assume that trying to take a gun through security at the airport involves "two" violations, and thus the total fine can be just over $100,000. I don't know where the "one year in jail" comes from, but I haven't looked over Title 49 of the U.S. Code or the C.F.R. to try to find all the various federal penalties.
  2. phantoms

    phantoms Senior Mumbler

    Record number of guns seized at US airports last year
    I wonder how many of those 323 had a GWCL and tried to retreat?

  3. OWM

    OWM Well-Known Member

    Could you do that?
  4. atlsrt44

    atlsrt44 Well-Known Member

  5. Suburbbus

    Suburbbus Well-Known Member

    They claim to be the busiest in the world. I would expect it to be the one with the most confiscations.
  6. jrm

    jrm Sledgehammer

    They are the busiest in the world for passenger takeoffs and landings, but a very large number of those are people passing through and who do not go through security (i.e., they were screened in other airports). They are not the busiest for passenger originations (i.e., people who start in ATL and therefore have to go through security there).
  7. Suburbbus

    Suburbbus Well-Known Member

    Never looked at it that way.