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moonlite · Sep 6, 2010, 11:37 AM

My brother-in-law who is African American had an unloaded weapon in his checked baggage. He wanted to take it to another state to go to a shooting range and practice shooting the weapon with a friend police officer. We read the FAA regulations and followed it exactly. The weapon was unloaded, securely packaged according to FAA rules and it was declared at the check-in counter and the key to the box was also provided to the agent - all according to FAA rules. He has absolutely no criminal record of any kind. However, the weapon was not allowed to go on the plane and he was told it will be kept until he returns. No reasons were given for this action at all. Should we be on the phone talking to a lawyer ? Thank you.

tickle · Sep 6, 2010, 11:45 AM

Why should you be speaking to a lawyer? He wasn't arrested, they just took the weapon, which they have, I believe, every right to do. Was any harm done? He can retrieve his firearm, can't he? I don't see it as racial profiling, or discrimination.

Tick

ScottGem · Sep 6, 2010, 11:55 AM

No, I don't think you should be on the phone with a lawyer. I think he needs to learn to read the regs more carefully. FAA regs don't govern here TSA regs do.

TSA: Traveling with Special Items

Firearms, ammunition and firearm parts may only be transported in checked baggage.

There are certain limited exceptions for law enforcement officers (LEOs) who are authorized to fly armed by meeting the requirements of 49 CFR § 1544.219.

While he may have followed all the guidelines for LEOs to carry a firearm in unchecked luggage, he is not a LEO and therefore, it was wrong for him to carry the firearm. He is actually lucky he was not arrested.

Sounds like he was treated with courtesy and fully within the law.

Fr_Chuck · Sep 6, 2010, 02:01 PM

They don't care what color he is, he did not properly have the weapon secured and locked if they did not allow it to be transported

ScottGem · Sep 6, 2010, 02:34 PM

Originally Posted by Fr_Chuck

They don't care what color he is, he did not properly have the weapon secured and locked if they did not allow it to be transported

I don't think that was the situation. The TSA rules are clear. No one carries a firearm in unchecked luggage except for certain LEOs. The OP's brother-in-law is not a LEO. Therefore, he should not have had the firearm in unchecked luggage. It doesn't matter whether the weapon was secured and locked according to FAA/TSA regs or not. Those regs ONLY apply to some LEOs. The B-I-L apparently looked for the regs on securing a weapon and ignored or didn't notice the fact that those regs did not apply to him.

Fr_Chuck · Sep 6, 2010, 03:33 PM

Did they not say he was Law Enforcement or merely meeting someone who was

ScottGem · Sep 6, 2010, 03:39 PM

Originally Posted by Fr_Chuck

Did they not say he was Law Enforcement or merley meeting someone who was

Nope, what he said was he planned on going to a range with a police officer friend: "He wanted to take it to another state to go to a shooting range and practice shooting the weapon with a friend police officer."

There was no indication that he, himself, is a LEO.

AK lawyer · Sep 6, 2010, 07:52 PM

Originally Posted by ScottGem

... I think he needs to learn to read the regs more carefully. ...
While he may have followed all the guidelines for LEOs to carry a firearm in unchecked luggage, he is not a LEO and therefore, it was wrong for him to carry the firearm.
...

I think someone else needs to learn to read more carefully:

Originally Posted by moonlite

... had an unloaded weapon in his checked baggage. ...

He had the weapon in his checked baggage, it was not in a carry-on bag.

Originally Posted by tickle

Why should you be speaking to a lawyer? He wasnt arrested, they just took the weapon, which they have, I believe, every right to do. Was any harm done? he can retrieve his firearm, can't he?

Yes, the OP was prevented from enjoying a day of shooting his firearm with his friend as he had intended. And he was not allowed to do that because of the stupidity of the TSA agent who appears not to be well versed on his own regulations.

Originally Posted by tickle

... I dont see it as racial profiling, or discrimination.

I agree with you there. Stupidity: yes. Bigotry: no evidence of that.

ScottGem · Sep 7, 2010, 05:27 AM

Someone edited the original post. The original post said unchecked Luggage. Maybe the OP made an error in what was originally posted. But I did read that VERY carefully and double checked it, because the TSA rules are specific.

AK lawyer · Sep 7, 2010, 06:09 AM

Originally Posted by ScottGem

Someone edited the original post. The original post said unchecked Luggage. Maybe the OP made an error in what was originally posted. But I did read that VERY carefully and double checked it, because the TSA rules are specific.

OK. Sorry about the reading carefully comment, then.

I guess liberal use of the "quote user" button can have it's benefits.

tickle · Sep 7, 2010, 06:36 AM

Originally Posted by ScottGem

Someone edited the original post. The original post said unchecked Luggage. Maybe the OP made an error in what was originally posted. But I did read that VERY carefully and double checked it, because the TSA rules are specific.

I am sure I posted about an hour ago that, yes, I had seen 'unchecked luggage' as well, but it isn't here. I had used the quote user feature. I wonder what happened to my affirmation of your post ? Anyway, here it is again. Yes you did read it correctly.

Tick