NOV Cases Involving Firearms in Checked Luggage
Federal regulations allow airline passengers to transport firearms in their checked luggage, but under very specific conditions.
49 CFR (Code of Federal Regulations) Section 1540.111(c) provides that
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.
You should be aware that TSA has always taken the position that as part of the right to own firearms, gun owners are responsible for knowing the laws and regulations pertaining to firearm possession and firearm transport.
Loaded Guns in Checked Luggage
A gun is considered to be loaded if there are bullets in the cylinder of a revolver or in the clip of an automatic firearm. The fact that there is not a bullet in the chamber of an automatic does NOT mean the gun was unloaded, if the clip was in the gun and there were bullets in the clip. Current TSA guidelines provide for the proposed civil penalty to be $1,000.
Improperly Packaged Firearms
As you can see above, TSA regulations require that a gun in checked luggage be packed in a hard sided container, which must be locked. If you put your gun in a soft sided gun case, you are not in compliance with the regulations. If your case is not locked, you are not in compliance with regulations. Current TSA guidelines provide for the proposed civil penalty to be $500.
Declaration of your unloaded firearm to the airlines
49 CFR 1540.111(c)(i) mandates that passengers who have a properly packaged unloaded firearm in luggage they are going to check, either orally or in writing, tell the ticket agent that they have a gun in their bag. The ticket agent is then supposed to give the passenger a declaration form to fill out. This declaration form is the only way a passenger can actually prove that they told the ticket agent that they had a firearm in their bag. The declaration forms look something like this and after a passenger fills it out, it is put into the checked bag alongside the firearm case.
If there is no declaration form in the bag, TSA assumes that the gun was not declared. TSA is aware that there are instances, where passengers have told ticket agents that there is a gun in the checked bag, but where the ticket agent fails to give the passenger the declaration form to fill out. Unfortunately, not all airline ticket agents are properly trained on this issue, and sometimes, especially during rush times, the ticket agents may forget to give the passenger the declaration form. However, in most of these cases, either the passenger is unaware of the requirement to tell the ticket agent about the gun or in the passenger's rush to catch a plane, forgets to declare it. Current TSA guidelines provide for the proposed civil penalty to be $500.
Depending upon the facts of your case, the amount sought by TSA as a civil penalty may be reduced after an Informal Conference.
Our fee for representing you in an Informal Conference is $400.
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