U.S. Code
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Title 49
» Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART A— AIR COMMERCE AND SAFETY › Subpart subpart iv— enforcement and penalties › Chapter CHAPTER 465— SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES
49 U.S.C. § 46505
Carrying a weapon or explosive on an aircraft
(a)Definition.—In this section, “loaded firearm” means a starter gun or a weapon designed or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip.(b)General Criminal Penalty.—An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual—(1) when on, or attempting to get on, 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;(2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or(3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device.(c)Criminal Penalty Involving Disregard for Human Life.—An individual who willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b) of this section, shall be fined under title 18, imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.(d)Nonapplication.—Subsection (b)(1) of 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 United States Government, authorized to carry arms in an official capacity;(2) another individual the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or(3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon.(e)Conspiracy.—If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 104–132, title VII, § 705(b), Apr. 24, 1996, 110 Stat. 1295; Pub. L. 107–56, title VIII, §§ 810(g), 811(j), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–71, title I, § 140(d)(8), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, § 1991(h)(1), Oct. 5, 2018, 132 Stat. 3645.)Historical and Revision Notes |
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46505(a) | 49 App.:1472(l)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(l)(4); added Feb. 18, 1980, Pub. L. 96–193, § 502(c), 94 Stat. 59. |
46505(b) | 49 App.:1472(l)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(l)(1); added Sept. 5, 1961, Pub. L. 87–197, § 1, 75 Stat. 466; Aug. 5, 1974, Pub. L. 93–366, § 203, 88 Stat. 417; restated Feb. 18, 1980, Pub. L. 96–193, § 502(a), 94 Stat. 59; Oct. 12, 1984, Pub. L. 98–473, § 2014(c)(1), 98 Stat. 2189. |
46505(c) | 49 App.:1472(l)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(l)(2); added Sept. 5, 1961, Pub. L. 87–197, § 1, 75 Stat. 466; restated Aug. 5, 1974, Pub. L. 93–366, § 203, 88 Stat. 418; Oct. 12, 1984, Pub. L 98–473, § 2014(c)(2), 98 Stat. 2189. |
46505(d) | 49 App.:1472(l)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(l)(3); added Sept. 5, 1961, Pub. L. 87–197, § 1, 75 Stat. 466; restated Aug. 5, 1974, Pub. L. 93–366, § 203, 88 Stat. 418; Feb. 18, 1980, Pub. L. 96–193, § 502(b), 94 Stat. 59. |
In subsection (a), the definition of “firearm” is merged with the definition of “loaded firearm” because the term “firearm” is only used in the defined term “loaded firearm”.
In subsections (b) and (c), the words “fined under title 18” are substituted for “fined not more than $10,000” and “fined not more than $25,000” for consistency with title 18.
In subsections (b)(1) and (d)(2), the words “deadly or” are omitted as surplus.
In subsection (b)(2), the words “baggage or other” are omitted as surplus.
In subsection (b)(3), the words “bomb or similar” are omitted as surplus.
In subsection (d)(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.
In subsection (d)(3), the word “contained” is omitted as surplus.
Editorial NotesAmendments2018—Subsec. (d)(2). Pub. L. 115–254 substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security”.
2001—Subsec. (c). Pub. L. 107–56, § 810(g), substituted “20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.” for “15 years, or both.”
Subsec. (d)(2). Pub. L. 107–71, § 140(d)(8), inserted “or the Under Secretary of Transportation for Security” after “Federal Aviation Administration”.
Subsec. (e). Pub. L. 107–56, § 811(j), added subsec. (e).
1996—Subsec. (b). Pub. L. 104–132, § 705(b)(1), substituted “10 years” for “one year”.
Subsec. (c). Pub. L. 104–132, § 705(b)(2), substituted “15 years” for “5 years”.
Notes of Decisions
United States v. Benjamin Harris, 705 F.3d 929 (9th Cir. 2012).
· cites it 8× “OPINION GRABER, Circuit Judge: The question presented is whether 49 U.S.C. § 46505 , which prohibits carrying a “concealed dangerous weapon” on aircraft, is unconstitutionally vague as applied to an airport employee who sneaks a pocketknife with a blade that is almost…”
Pellegrino v. U.S. Transp. SEC. Admin., 896 F.3d 207 (3rd Cir. 2018).
· cites it 4× “, 49 U.S.C. § 46505 (providing criminal penalties for “[c]arrying a weapon or explosive on an aircraft”); 49 C.”
United States v. Rosemary Schier, 438 F.3d 1104 (11th Cir. 2006).
· cites it 4× “MARCUS, Circuit Judge: Rosemary Schier appeals her convictions, entered after a bench trial, for knowing possession of a concealed dangerous weapon (an icepick) on an airplane, in violation of 49 U.S.C. § 46505 (b)(1) (Count 1), and knowingly entering an aircraft with a…”
Nadine Pellegrino v. TSA, 937 F.3d 164 (3rd Cir. 2019).
· cites it 2× “, 49 U.S.C. § 46505 (providing criminal penalties for “[c]arrying a weapon or explosive on an aircraft”); 49 C.”
Brian Iverson v. United States, 973 F.3d 843 (8th Cir. 2020).
“, 49 U.S.C. § 46505 (providing criminal penalties for “[c]arrying a weapon or explosive on an aircraft”).”
United States v. Alvenis Arias-Izquierdo, 449 F.3d 1168 (11th Cir. 2006).
“He also argues that the court erred by refusing to instruct the jury that carrying a dangerous weapon on board an aircraft, in violation of 49 U.S.C. § 46505 , and battery, in violation of Fla.”
Erin Osmon v. United States, 66 F.4th 144 (4th Cir. 2023).
“” 49 U.S.C. § 46505 (b)(1) & (3). And—to state the obvious—those sorts of items are well within the heartland of what TSA screeners are looking for when they search people seeking to board airplanes.”
United States v. Ignasiak, 667 F.3d 1217 (8th Cir. 2012).
“The South Dakota U.S. Attorney’s Office opened an investigation of Dr.”
United States v. Hedrick, 207 F. Supp. 2d 710 (S.D. Ohio 2002).
· cites it 9× “Hedrick, is charged with one felony count of carrying a concealed and dángerous weapon aboard an aircraft, in violation of 49 U.S.C. § 46505 (b)(1). The Indictment against Mr.”
United States v. Juan Castillo, 460 F.3d 337 (2d Cir. 2006).
“Or, as oné judge has explained, because of the statutory framework Congress has created for the two distinct crimes of (1) carrying a concealed dangerous weapon on an aircraft, 49 U.S.C. § 46505 , and (2) possessing a firearm or other dangerous weapon in a federal facility other…”
United States v. Chavers, 515 F.3d 722 (7th Cir. 2008).
“49 U.S.C. § 46505 (b)(2). He was also charged with knowingly and willfully making , a false representation to airport personnel regarding the firearm.”
United States v. Vincent Todd, 424 F.3d 525 (7th Cir. 2005).
“A jury convicted defendant-appellant Vincent Todd of attempting to board an airplane with a stun gun in violation of 49 U.S.C. § 46505 . He appeals, arguing that his conviction should be vacated because he did not knowingly and voluntarily waive his right to counsel and the…”
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