[bigdixie]

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.

 

[bigdixie]

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

 

[Malum Prohibitum]

http://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.

 

[Malum Prohibitum]

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.

 

[Malum Prohibitum]

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;

. . .

 

[bigdixie]

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?

 

[ookoshi]

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?

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.

 

[bigdixie]

Thank you all for your assistance.

 

[GAGunOwner]

Is there anything tricky here with federal law?

 

[Savvy Jack]

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.

My topic was locked because of a duplicate thread. I assume it is this one post an hour before mine. Anyhow......

Yes, its now time to clear up this Airport Crap now that we have a new law. Lets have a look and see what we have!

If I am missing ANYTHING in any other code or section, correct me.

First off, an AIRPORT is nothing more than LAND just like a PARK. Its what is located on this land that hinders where we can or can not carry. Second is that we are really discussing the buildings on this land. Are these building listed under any code section such as 16-11-127(a)1,2,3,4 or 5

Then there is always 16-11-127(d) which states that "Subsection (b) of this Code section shall not apply:" which describes a "location" and what a person can do.

Now, I go to an "airport" every day and I work in a publicly owned "hanger" which is rented by a private business. I can not find anywhere in our new law that states that I can not carry my firearm on my person.

Now lets discuss this "terminal" that is so talked about at the Atlanta airport where you drop off and pick up passengers. Is this "building" listed or described in our new law?

Lets take a look;
16-11-1279(b)1, 2, 3, 4, 5, 6, 7 and 8
(2) Is it in a courthouse? No
(3) Is it in a jail or prison? No
(4) In a place of worship? No
(5) Mental Health Facility? No
(6) In A Bar? Not As Discussed
(7) Nuclear Power Facility? No
(8) Poling Place? No

Ah I forgot #1

(1) In A Government Building? Really? Lets take a look.....

16-11-127(a)3
(a)As used in this Code section, the term:
170 (3) 'Government building' means:
171 (A) The building in which a government entity is housed;
172 (B) The building where a government entity meets in its official capacity; provided,
173 however, that if such building is not a publicly owned building, such building shall be
174 considered a government building for the purposes of this Code section only during the
175 time such government entity is meeting at such building; or
176 (C) The portion of any building that is not a publicly owned building that is occupied
177 by a government entity.

So what the heck is a Government Entity?

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

Ah, so does the "terminal" where you drop off or pick up a passenger fall under any of what I listed?

ANSWER: I bet it does somewhere. I bet there is some sort of something that falls under the definition of a Government Entity.

So what about other areas of an AIRPORT such as a hanger where airplanes are stored or worked on. Or any other airport that has a small "terminal" that does not fall under anything listed in the code.You will have to check for yourself But there are plenty of airports and areas on such airports that are perfectly legal to carry. You just have to research and find the answer.

Basically each "Airport" is individually "Taylored" that may or may not make areas or buildings off limits.

For me, no where I work is perfectly legal unless there is something else I am missing! By all means, inform me of my inaccuracies.

 

[ookoshi]

Is there anything tricky here with federal law?

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.

 

[Wolfram]

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.