Carrying a weapon

  1. Law
  2. USC 49
  3. Transportation
  4. AVIATION PROGRAMS
  5. AIR COMMERCE AND SAFETY
  6. enforcement and penalties
  7. PENALTIES
  8. Carrying a weapon

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§46303. Carrying a weapon

(a) Civil Penalty.-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) Compromise and Setoff.-(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) Nonapplication.-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.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1234 ; Pub. L. 107–71, title I, §140(d)(5), Nov. 19, 2001, 115 Stat. 642 ; Pub. L. 108–458, title IV, §4027(c), Dec. 17, 2004, 118 Stat. 3727 .)

Historical and Revision Notes
Revised

Section

Source (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.

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".


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