§46303 — Title 49 Transportation | U.S. Code

Summary

You can be fined up to $10,000 if, while on or trying to board a plane used for air travel (including flights that stay inside one state), you have a hidden dangerous weapon on your body or in your belongings that you could reach during the flight. The Secretary of Homeland Security can reduce or settle that fine. The government may take the penalty from money it owes you. The rule does not apply to state or local police, federal officers or employees who are allowed to carry weapons on duty, or other people the FAA Administrator or the Secretary of Homeland Security officially allows to carry arms.

Title 49, §46303

Transportation — Source: USLM XML via OLRC

(a)An individual who, when on, or attempting to board, 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 is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

(b)(1)The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under subsection (a) of this section.

(2)The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual liable for the penalty.

(c)This section does not apply to—

(1)a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government, authorized to carry arms in an official capacity; or

(2)another individual the Administrator of the Federal Aviation Administration or the Secretary of Homeland Security by regulation authorizes to carry arms in an official capacity.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 46303(a)49 App.:1471(d) (words after 3d comma).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 901(d); added Oct. 12, 1984, Pub. L. 98–473, § 2014(a)(1), 98 Stat. 2189. 46303(b)49 App.:1471(a)(2) (related to 1471(d)).Aug. 23, 1958, Pub. L. 85–726, § 901(a)(2) (related to § 901(d)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, § 35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, § 2014(b), 98 Stat. 2189. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 46303(c)49 App.:1471(d) (words before 3d comma). In subsection (a), the words “deadly or” and “which shall be recoverable in a civil action brought in the name of the United States” are omitted as surplus. In subsection (b)(1), the words “imposed under” are substituted for “provided for in” for consistency. In subsection (b)(2), the words “imposed or compromised” are substituted for “The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise” to eliminate unnecessary words. In subsection (c)(1), the words “State or political subdivision of a State” are substituted for “municipal or State government” for consistency in the revised title and with other titles of the United States Code. The words “or required” are omitted as surplus.

Editorial Notes

Amendments

2004—Subsec. (b)(1). Pub. L. 108–458, § 4027(c)(1), substituted “Secretary of Homeland Security” for “Secretary of Transportation”. Subsec. (c)(2). Pub. L. 108–458, § 4027(c)(2), substituted “Secretary of Homeland Security” for “Under Secretary of Transportation for Security”. 2001—Subsec. (c)(2). Pub. L. 107–71 inserted “or the Under Secretary of Transportation for Security” after “Federal Aviation Administration”.

§46303 Carrying a Weapon