Carry at airport (general aviation)

Discussion in 'General GWL Questions' started by bigdixie, Dec 6, 2010.

  1. bigdixie

    bigdixie New Member

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    I am a private pilot, and I am interested in carrying a firearm on my day flights for survival purposes (in case of an emergency landing). The airport I fly out of does have a passenger terminal with a 'sterile' area with two major airline carriers. However, I do not enter or exit through the terminal. I use a general aviation entrance/exit. I do have a current GFL, and I would be carrying the gun in my flight bag, which would be within reach during the flight. Would this situation be legal? Also, could a passenger carry if he/she had a GFL?

    PS. I tried to search and found nothing. Sorry if this has been covered already.
     
  2. bigdixie

    bigdixie New Member

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    I believe I posted this in the wrong area. Please move to 'General GWL Questions'. Thanks and sorry for being a hassle.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    https://www.georgiapacking.org/GaCode/?t ... ection=127
    O.C.G.A. § 16-12-127
    Prohibition on firearms, hazardous substances, knives, or other devices; penalty; affirmative defenses


    (a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to:

    • (1) Have any such item on or about his or her person, or

      (2) Place or cause to be placed or attempt to place or cause to be placed any such item:

    • (A) In a container or freight of a transportation company;

      (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or

      (C) Aboard such aircraft, bus, or rail vehicle.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    O.C.G.A. § 16-12-123
    Bus or rail vehicle hijacking; boarding with concealed weapon; company use of reasonable security measures
    . . .
    (b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    O.C.G.A. § 16-11-127
    Carrying weapons in unauthorized locations; penalty

    (a) As used in this Code section, the term:

    . . . (3) "Government building" means:

    • (A) The building in which a government entity is housed;

      (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or

      (C) The portion of any building that is not a publicly owned building that is occupied by a government entity.

    (4) "Government entity" means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state.

    . . .

    (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

    • (1) In a government building;
    . . .
     
  6. bigdixie

    bigdixie New Member

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    So, according to Georgia gun laws, as long as I am not entering the terminal and I give myself permission to carry (as the pilot in command) I am in the clear?
     
  7. ookoshi

    ookoshi Moderator

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    Keeping in mind that most of us here aren't lawyers, yes, that's what the text appears to say. MP is big on people going over the text themselves instead of relying on potentially incorrect advice, so I'd say you should be intimately familiar with the text he's posted above if you're going to carry on your plane.
     
  8. bigdixie

    bigdixie New Member

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    Thank you all for your assistance.
     
  9. GAGunOwner

    GAGunOwner Active Member

    Is there anything tricky here with federal law?
     
  10. Savvy Jack

    Savvy Jack Banned

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    viewtopic.php?f=6&t=51851


    The law, State and Federal, does not prohibit airport carry, only certain buildings (State Law) and locations on airport property (Federal Law) at the airport.
     
  11. ookoshi

    ookoshi Moderator

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    Federal law covers only the sterile areas. Those areas are defined as 1) the area beyond the inspection point in the passenger terminal, 2) any plane that requires passing through an inspection point before boarding, and 3) the point at which inspection begins prior to the sterile area (#3 is how they charge you with a crime if they find a gun at the TSA screening area, because you can't claim "Well, I was still outside the sterile area" as a defense). This is defined in CFR § 1540.111.

    Since General Aviation does not require you go through an inspection point, that area and the planes there are not considered sterile, and therefore only state laws apply. This means if you're flying into a state that does not allow firearms and/or does not recognize the Georgia permit, then the firearm must be unloaded and separate from ammunition and inaccessible once you enter that state (although you're unlikely to be pulled over to be checked, I suppose). Also the other state law's would apply for the airport after you land.

    Edited to add:
    Oh I forgot, there are some regulations regarding notifying the flight crew and any LEO's that are carrying on board of where all the firearms are, even for non-sterile flights, but assuming he's the only one in the plane, they don't really apply.
     
  12. Wolfram

    Wolfram New Member

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    If you aren't always landing at the same airport, you will need to be very familiar with any new terminals and entrance / exit points.
    If its in a separate state you will need to research their laws as well.

    I'm sure you realize this, but just wanted to point it out.