49 U.S.C. § 44102

Registration requirements

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(a)Eligibility.—An aircraft may be registered under section 44103 of this title only when the aircraft is—(1) not registered under the laws of a foreign country and is owned by—(A) a citizen of the United States;(B) an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or(C) a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State, and the aircraft is based and primarily used in the United States; or(2) an aircraft of—(A) the United States Government; or(B) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession.(b)Duty To Define Certain Term.—In carrying out subsection (a)(1)(C) of this section, the Secretary of Transportation shall define “based and primarily used in the United States”.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1161.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44102(a)(1)	49 App.:1401(b) (1st sentence cl. (1)).	Aug. 23, 1958, Pub. L. 85–726, § 501(b), 72 Stat. 772; restated Nov. 9, 1977, Pub. L. 95–163, § 14, 91 Stat. 1283; Mar. 8, 1978, Pub. L. 95–241, 92 Stat. 119.
44102(a)(2)	49 App.:1401(b) (1st sentence cl. (2)).
44102(b)	49 App.:1401(b) (last sentence).

In subsection (a), before clause (1), the words “may be registered” are substituted for “shall be eligible for registration”, and the words “under section 44103 of this title” are added, for clarity. The words “only when” are substituted for “if, but only if” for consistency. In subclause (C), the words “not a citizen of the United States” are substituted for “(other than a corporation which is a citizen of the United States)” to eliminate unnecessary words. The word “lawfully” is omitted as surplus.

In subsection (b), the words “In carrying out subsection (a)(1)(C) of this section” are added because of the restatement. The words “by regulation” are omitted as unnecessary because of 49:322(a).

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2000–2022 · leading case: Ial Aircraft Holding, Inc., a Florida Corp. v. Fed. Aviation Admin., 206 F.3d 1042 (11th Cir. 2000).

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Ial Aircraft Holding, Inc., a Florida Corp. v. Fed. Aviation Admin., 206 F.3d 1042 (11th Cir. 2000). · cites it 3× “” 49 U.S.C. § 44102 (a)(1) (1994). Once an aircraft owner has satisfied the requirements codified in section 44102, the FAA “shall” register the aircraft.”

Shakman v. Dep't of Revenue, 2019 IL App (1st) 182197 (Ill. App. Ct. 2020). “Although it is perfectly acceptable under federal law to have the registered owner of an aircraft be a trustee of a trust (see 49 U.S.C. § 44102 (2018); 14 C.F.R. § 47.”

United States v. Bodye, 172 F. Supp. 3d 15 (D.D.C. 2016). “See 49 U.S.C. § 44102 . Such planes are therefore particularly likely to fly into and out of the United States.”

United States v. Thompson, 197 F. Supp. 3d 143 (D.D.C. 2016). “49 U.S.C. § 44102 (a). So, the participants in this alleged conspiracy were sending a clear and specific message to air traffic controllers and law enforcement authorities that a plane with an established American connection was landing on the foreign airstrip.”

Tyler Brennan v. Stephen Dickson, 45 F.4th 48 (D.C. Cir. 2022). “15 (requirement to register drones); see also 49 U.S.C. § 44102 (aircraft registration requirements).”

United States v. Eric Lee Brown (11th Cir. 2021). “The charge to which Brown pled guilty required him to admit he “knowingly and willfully operate[d] or attempt[ed] to operate an aircraft eligible for registration” under 49 U.S.C. § 44102 , “knowing that” (1) the aircraft is not registered under 49 U.”

United States v. One (1) Cessna Skyhawk Model 172M,Tail No. N73134, Serial No. 17267281 (W.D. Tenn. 2021). “]”1 49 U.S.C. § 44102 (a). Upon application of the owner of an aircraft meeting the requirements of § 44102, the Federal Aviation Administration (“FAA”) registers the aircraft and issues a certificate of registration to its owner.”

United States v. 1985 Gulfstream Commander 1000 Aircraft, Model 695A, Serial No. 96080, United States Reg. No. N960AC, 264 F. Supp. 2d 899 (D. Ariz. 2003). “§ 46306 (b)(4), which prohibits a person from knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement when…”

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