49 C.F.R. § 1540.111

Carriage of weapons, explosives, and incendiaries by individuals

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(a) On an individual's person or accessible property—prohibitions. Except as provided in paragraph (b) of this section, an individual may not have a weapon, explosive, or incendiary, on or about the individual's person or accessible property—

(1) When performance has begun of the inspection of the individual's person or accessible property before entering a sterile area, or before boarding an aircraft for which screening is conducted under this subchapter;

(2) When the individual is entering or in a sterile area; or

(3) When the individual is attempting to board or onboard an aircraft for which screening is conducted under §§ 1544.201, 1546.201, or 1562.23 of this chapter.

(b) On an individual's person or accessible property—permitted carriage of a weapon. Paragraph (a) of this section does not apply as to carriage of firearms and other weapons if the individual is one of the following:

(1) Law enforcement personnel required to carry a firearm or other weapons while in the performance of law enforcement duty at the airport.

(2) An individual authorized to carry a weapon in accordance with §§ 1544.219, 1544.221, 1544.223, 1546.211, or subpart B of part 1562 of this chapter.

(3) An individual authorized to carry a weapon in a sterile area under a security program.

(c) In checked baggage. A passenger may not transport or offer for transport in checked baggage or in baggage carried in an inaccessible cargo hold under § 1562.23 of this chapter:

(1) Any loaded firearm(s).

(2) Any unloaded firearm(s) unless—

(i) The passenger declares to the aircraft operator, either orally or in writing, before checking the baggage, that the passenger has a firearm in his or her bag and that it is unloaded;

(ii) The firearm is unloaded;

(iii) The firearm is carried in a hard-sided container; and

(iv) The container in which it is carried is locked, and only the passenger retains the key or combination.

(3) Any unauthorized explosive or incendiary.

(d) Ammunition. This section does not prohibit the carriage of ammunition in checked baggage or in the same container as a firearm. Title 49 CFR part 175 provides additional requirements governing carriage of ammunition on aircraft.

[67 FR 8353, Feb. 22, 2002, as amended at 67 FR 41639, June 19, 2002; 70 FR 41600, July 19, 2005; 71 FR 30507, May 26, 2006]

Notes of Decisions

Cited in 9 cases, 2009–2019 · leading case: In the Matter of the Necessity for the Hospitalization of Luciano G.

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In the Matter of the Necessity for the Hospitalization of Luciano G. (2019) alaska · cites it 3× “proceedings are reviewed for clear error,’ and we reverse those findings only if we have a ‘definite and 5 See 49 C.F.R. § 1540.111 (2018). 6 After the commitment hearing API filed a petition for court approval of administration of psychotropic medications.”

United States v. McCarty (2011) ca9 “49 C.F.R. § 1540.111 (c) (prohibiting passengers from placing unauthorized explosives, firearms, and incendiary devices in their checked baggage).”

Torraco v. PORT AUTHORITY OF NY. AND NJ. (2010) ca2 “Appellants followed Transportation Safety Administration ("TSA") regulations, see 49 C.F.R. § 1540.111 (c)(2), [1] and relied upon 18 U.”

United States v. Fofana (2009) ohsd · cites it 3× “Under 49 C.F.R. § 1540.111 (a), individuals may not carry a “weapon, explosive, or incendiary” onto an airplane.”

Torraco v. Port Authority of New York & New Jersey (2010) ca2 “Appellants followed Transportation Safety Administration (“TSA”) regulations, see 49 C.F.R. § 1540.111 (c)(2), 1 and relied upon 18 U.”

Electronic Privacy Information Center v. United States Department of Homeland Security (2011) dcd “, 49 C.F.R. § 1540.111 (prohibiting the “carriage of weapons, explosives, and incendiaries by individuals” in airport screening); 18 U.”

United States v. McCarty (2011) ca9 “49 C.F.R. § 1540.111 (c) (prohibiting passengers from placing unauthorized explosives, firearms, and incendiary devices in their checked baggage).”

Electronic Privacy Information Center v. the United States Deptment of Homeland Security (2011) dcd “, 49 C.F.R. § 1540.111 (prohibiting the “carriage of weapons, explosives, and incendiaries by individuals” in airport screening); 18 U.”

United States v. Rivera (2014) vid “§ 44901 ; 49 C.F.R. § 1540.111 (c). There is no statutory or regulatory authority for the “baggage screening checkpoint” in this case.”

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