Prohibition on Firearms, Hazardous Substances, Knives, or Other Devices; Penalty; Affirmative Defenses

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Against Public Health and Morals
  5. Offenses Against Public Transportation
  6. Transportation Passenger Safety
  7. Prohibition on Firearms, Hazardous Substances, Knives, or Other Devices; Penalty; Affirmative Defenses

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  1. 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:
      1. In a container or freight of a transportation company;
      2. In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or
      3. Aboard such aircraft, bus, or rail vehicle.
  2. A person violating the provisions of this Code section shall be guilty of a felony and shall, upon conviction, be sentenced to imprisonment for not less than one year nor more than 20 years, a fine not to exceed $15,000.00, or both. A prosecution under this Code section shall not be barred by the imposition of a civil penalty imposed by any governmental entity.
  3. It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a transportation company of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a transportation company.

(Code 1981, §16-12-127, enacted by Ga. L. 2002, p. 1094, § 5; Ga. L. 2003, p. 423, § 4; Ga. L. 2010, p. 963, § 2-9/SB 308.)

Editor's notes.

- Ga. L. 2002, p. 1094, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Transportation Security Act of 2002'."

Ga. L. 2010, p. 963, § 3-1, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Law reviews.

- For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011).


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