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CITE

    49 USC Sec. 46505                                           01/08/2008

EXPCITE

    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 465 - SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

HEAD

    Sec. 46505. Carrying a weapon or explosive on an aircraft

STATUTE

      (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 Under Secretary of Transportation
      for Security 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.

SOURCE

    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1244; Pub. L.
    104-132, title VII, Sec. 705(b), Apr. 24, 1996, 110 Stat. 1295;
    Pub. L. 107-56, title VIII, Secs. 810(g), 811(j), Oct. 26, 2001,
    115 Stat. 381, 382; Pub. L. 107-71, title I, Sec. 140(d)(8), Nov.
    19, 2001, 115 Stat. 642.)

HISTORICAL AND REVISION NOTES --------------------------------------------------------------------

      Revised       Source (U.S. Code)       Source (Statutes at Large)
      Section
    --------------------------------------------------------------------
    46505(a)       49 App.:1472(l)(4).     Aug. 23, 1958, Pub. L.
                                            85-726, 72 Stat. 731, Sec.
                                            902(l)(4); added Feb. 18,
                                            1980, Pub. L. 96-193, Sec.
                                            502(c), 94 Stat. 59.
    46505(b)       49 App.:1472(l)(1).     Aug. 23, 1958, Pub. L.
                                            85-726, 72 Stat. 731, Sec.
                                            902(l)(1); added Sept. 5,
                                            1961, Pub. L. 87-197, Sec.
                                            1, 75 Stat. 466; Aug. 5,
                                            1974, Pub. L. 93-366, Sec.
                                            203, 88 Stat. 417; restated
                                            Feb. 18, 1980, Pub. L.
                                            96-193, Sec. 502(a), 94
                                            Stat. 59; Oct. 12, 1984,
                                            Pub. L. 98-473, Sec.
                                            2014(c)(1), 98 Stat. 2189.
    46505(c)       49 App.:1472(l)(2).     Aug. 23, 1958, Pub. L.
                                            85-726, 72 Stat. 731, Sec.
                                            902(l)(2); added Sept. 5,
                                            1961, Pub. L. 87-197, Sec.
                                            1, 75 Stat. 466; restated
                                            Aug. 5, 1974, Pub. L.
                                            93-366, Sec. 203, 88 Stat.
                                            418; Oct. 12, 1984, Pub. L
                                            98-473, Sec. 2014(c)(2), 98
                                            Stat. 2189.
    46505(d)       49 App.:1472(l)(3).     Aug. 23, 1958, Pub. L.
                                            85-726, 72 Stat. 731, Sec.
                                            902(l)(3); added Sept. 5,
                                            1961, Pub. L. 87-197, Sec.
                                            1, 75 Stat. 466; restated
                                            Aug. 5, 1974, Pub. L.
                                            93-366, Sec. 203, 88 Stat.
                                            418; Feb. 18, 1980, Pub. L.
                                            96-193, Sec. 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.
                                AMENDMENTS
      2001 - Subsec. (c). Pub. L. 107-56, Sec. 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, Sec. 140(d)(8), inserted "or the
    Under Secretary of Transportation for Security" after "Federal
    Aviation Administration".
      Subsec. (e). Pub. L. 107-56, Sec. 811(j), added subsec. (e).
      1996 - Subsec. (b). Pub. L. 104-132, Sec. 705(b)(1), substituted
    "10 years" for "one year".
      Subsec. (c). Pub. L. 104-132, Sec. 705(b)(2), substituted "15
    years" for "5 years".

TRANSFER OF FUNCTIONS

      For transfer of functions, personnel, assets, and liabilities of
    the Transportation Security Administration of the Department of
    Transportation, including the functions of the Secretary of
    Transportation, and of the Under Secretary of Transportation for
    Security, relating thereto, to the Secretary of Homeland Security,
    and for treatment of related references, see sections 203(2),
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.
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