§ 46303. Carrying a weapon

Statutory text

Civil Penalty.—

An individual who, when on, or attempting to board, 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 is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

Compromise and Setoff.—

The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under subsection (a) of this section.

The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual liable for the penalty.

Nonapplication.—

This section does not apply to—

a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government, authorized to carry arms in an official capacity; or

another individual the Administrator of the Federal Aviation Administration or the Secretary of Homeland Security by regulation authorizes to carry arms in an official capacity.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 46303
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
2001
Aviation and Transportation Security Act
Pub. L. 107–71 title I § 140(d)(5) · 115 Stat. 597
Inserted · 49 U.S.C. § 46303(c)(2)
Pub. L. 107–71 inserted “or the Under Secretary of Transportation for Security” after “Federal Aviation Administration”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 107–71 inserted “or the Under Secretary of Transportation for Security” after “Federal Aviation Administration”.
Enacted provision · exact public law section
(5) in section 46303(c)(2) by inserting “or the Under Secretary of Transportation for Security” after “Federal Aviation Administration”;
2004
Intelligence Reform and Terrorism Prevention Act of 2004
Pub. L. 108–458 § 4027(c)(1) · 118 Stat. 3638
Substituted · 49 U.S.C. § 46303(b)(1)
Pub. L. 108–458, § 4027(c)(1), substituted “Secretary of Homeland Security” for “Secretary of Transportation”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 108–458, § 4027(c)(1), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
Enacted provision · exact public law section
(1) in subsection (b)(1) by striking “Secretary of Transportation” and inserting “Secretary of Homeland Security”; and
2004
Intelligence Reform and Terrorism Prevention Act of 2004
Pub. L. 108–458 § 4027(c)(2) · 118 Stat. 3638
Substituted · 49 U.S.C. § 46303(c)(2)
Pub. L. 108–458, § 4027(c)(2), substituted “Secretary of Homeland Security” for “Under Secretary of Transportation for Security”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 108–458, § 4027(c)(2), substituted “Secretary of Homeland Security” for “Under Secretary of Transportation for Security”.
Enacted provision · exact public law section
(2) in subsection (c)(2) by striking “Under Secretary of Transportation for Security” and inserting “Secretary of Homeland Security”.

4 of 4 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
46303(a)	49 App.:1471(d) (words after 3d comma).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 901(d); added Oct. 12, 1984, Pub. L. 98–473, § 2014(a)(1), 98 Stat. 2189.
46303(b)	49 App.:1471(a)(2) (related to 1471(d)).	Aug. 23, 1958, Pub. L. 85–726, § 901(a)(2) (related to § 901(d)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, § 35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, § 2014(b), 98 Stat. 2189.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
46303(c)	49 App.:1471(d) (words before 3d comma).

In subsection (a), the words “deadly or” and “which shall be recoverable in a civil action brought in the name of the United States” are omitted as surplus.

In subsection (b)(1), the words “imposed under” are substituted for “provided for in” for consistency.

In subsection (b)(2), the words “imposed or compromised” are substituted for “The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise” to eliminate unnecessary words.

In subsection (c)(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.

Editorial Notes

Amendments2001–2004 · 2 rounds

2004

Subsec. (b)(1). Pub. L. 108–458, § 4027(c)(1), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

Subsec. (c)(2). Pub. L. 108–458, § 4027(c)(2), substituted “Secretary of Homeland Security” for “Under Secretary of Transportation for Security”.

2001

Subsec. (c)(2). Pub. L. 107–71 inserted “or the Under Secretary of Transportation for Security” after “Federal Aviation Administration”.

Credits

1994–2004 · 3 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234
2001Pub. L. 107–71, title I, § 140(d)(5), Nov. 19, 2001, 115 Stat. 642
2004Pub. L. 108–458, title IV, § 4027(c), Dec. 17, 2004, 118 Stat. 3727.

Show as published

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 107–71, title I, § 140(d)(5), Nov. 19, 2001, 115 Stat. 642; Pub. L. 108–458, title IV, § 4027(c), Dec. 17, 2004, 118 Stat. 3727.)