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Showing posts with label firearm. Show all posts
Showing posts with label firearm. Show all posts

09 June 2010

TSA Rules on How to Legally Travel with Guns and Firearms

As the busy summer travel season arrives, the TSA Blog reminds passengers that guns and other firearms are not allowed in the passenger cabin, but are allow in checked baggage so long as you follow a few basic rules.

As discussed in detail on AirSafe.com, Pistols, flare guns, BB guns, rifles, and other firearms are allowed in checked luggage, but must be unloaded, packed in a locked hard-sided container, and declared to the airline at check-in. This restriction also applies to firearms parts and ammunition. When passengers check in, they’re required to declare the items with the airline and ensure they are packed properly. TSA has no role in the declaration process. However,if the TSA searches your checked bag and finds weapons or ammunition that have not been properly declared or packed, they will have to notify a law enforcement officer and an airline representative. Depending on the local or state laws, you may be fined or even arrested.

The key regulations around transporting guns and other firearms include the following:
  • You must declare all firearms to the airline during the ticket counter check-in process.

  • The firearm must be unloaded.

  • The firearm must be in a hard-sided container.

  • The container must be locked. A locked container is defined as one that completely secures the firearm from access by anyone other than you. Cases that can be pulled open with little effort do not meet this criterion. The pictures provided here illustrate the difference between a properly packaged and an improperly packaged firearm.

  • TSA recommends that you provide the key or combination to the security officer if he or she needs to open the container. You should remain in the area designated by the aircraft operator or TSA representative to take the key back after the container is cleared for transportation. If you are not present and the security officer must open the container, TSA or the airline will make a reasonable attempt to contact you. If they can't contact you, the container will not be placed on the plane. Federal regulations prohibit unlocked gun cases (or cases with broken locks) on aircraft.

  • You must securely pack any ammunition in fiber (such as cardboard), wood or metal boxes or other packaging that is specifically designed to carry small amounts of ammunition (the TSA does not specifically say how much is a "small amount").

  • You can't use firearm magazines/clips for packing ammunition unless they completely and securely enclose the ammunition (e.g., by securely covering the exposed portions of the magazine or by securely placing the magazine in a pouch, holder, holster or lanyard).

  • You may carry the ammunition in the same hard-sided case as the firearm, as long as you pack it as described above.

  • You can't bring black powder or percussion caps used with black-powder type firearms in either your carry-on or checked baggage.

07 May 2010

Individuals on TSA's No-fly List Have Legally Purchased Firearms in the US

Earlier this week, the US General Accountability Office (GAO) released a report on the use of terrorist watch lists to screen firearms purchases with some truly stunning facts about gun purchases by potential terrorists. In short, persons one of the key US government terrorist watch lists can legally buy firearms in the US. Surprisingly, membership in a terrorist organization or in a suspected terrorist organization does not prohibit a person from legally buying or possessing firearms or explosives under current US federal law, and at least a few individuals on the TSA's no-fly list have been allowed to purchase firearms in the US after passing a required FBI background check. To put this surprising reality in a broader context, we'll first provide a very brief overview how firearm purchases are approved in the US.

Who can buy firearms in the US
Laws vary widely across the US, but in general, it is possible for an adult to legally purchase guns either from a dealer who has a federal license to sell firearms, or through a sale between private individuals. Anyone making a transaction through a licensed dealer is subject to an FBI background check.

Background checks and firearms dealers
If someone wants to purchase a firearm from a federally licensed firearms dealer, that person must pass a background check. The database used for this background check is the the FBI's National Instant Criminal Background Check System (NICS). If the NICS database indicates if a potential buyer is in one or more of the categories that would disqualify that person from purchasing a firearm from a licensed dealer. Those categories include being convicted of a crime or being under indictment for a crime punishable by more than one year in prison, being in the US illegally, or having been adjudicated as a mental defective or committed to a mental institution (see 18 USC §922 for details).

Terrorist databases and the NICS database
The NICS database includes information from the FBI's Terrorist Screening Database (TSDB), which has about 400,000 names, and is the database used to create the TSA's no-fly list. The TSDB includes both US and non-US citizens.

Terrorist watch lists and gun purchases
According to the GAO report (GAO-10-703T), between February 2004 and Februray 2010, there were 1,228 occasions where individuals in the FBI's Terrorist Screening Database were involved in firearms or explosives background checks. Of those attempted purchases, 1,119 (about 91%) were allowed to proceed. These transactions involved about 650 individuals, with about 450 of them involved in multiple transactions, and six involved with 10 or more transactions.

Can terrorists buy guns in the US?
The simple answer is that when it comes to gun purchases through a licensed firearms dealer, merely being a terrorist, or more precisely, being a person who is listed in the FBI's Terrorist Screening Database, does not disqualify a person from purchasing firearms.

Has anyone on the no-fly list purchased a firearm in the US?
Incredibly, the answer is yes. The GAO report stated that several transactions that occurred between March 2010 and February 2009 involved an unspecified number of individuals who were also on the TSA's no-fly list, and in every case the transaction was allowed to proceed. The report did not mention if there were any similar transactions during the rest of the time period covered by the report.

What do you think about firearms purchase restrictions for terrorists
At present, being on a terrorist watch list, or even being on the no-fly list, will not prevent someone from passing required background checks for firearms purchases. Here at AirSafeNews.com, we would like to know what you think about this situation, and also what you think should be done to limit either the purchase or possession of firearms by anyone who is on the TSA's no fly list, the FBI's Terrorist Screening Database, or on any of the other key airline security and terrorist databases. Feel free to leave comments below:





Photo credit: TSA