Flying out of BWI w/firearm

[daschnoz]

I know the topic (on the surface) has been covered before. I'm looking for any updates/things I should know that may have changed in the last year or so.

I generally try to fly out of MDT (and connect in "friendly" states) to avoid any imperial entanglements. I have flown with a firearm in the past, so I'm good on the NSA/airline regs and requirements, gun laws in destination state, etc. stuff.



Airfare out of MDT is almost 2x what is costs to fly out of BWI, so I'm required to fly out of BWI (business - it's the boss's money).

Arms Complement:

• SIG 220
• Mags (x2), 8 round
• Ammo, Speer 185gr Gold Dot, 25 rounds in factory box

Will I have any problems flying out of BWI with the above?


Thanks.

[tl_3237]

I know the topic (on the surface) been covered before. I'm looking for any updates/things I should know that may have changed in the last year or so.

I generally try to fly out of MDT (and connect in "friendly" states) to avoid any imperial entanglements. I have flown with a firearm in the past, so I'm good on the NSA/airline regs and requirements, gun laws in destination state, etc. stuff.
Airfare out of MDT is almost 2x what is costs to fly out of BWI, so I'm required to fly out of BWI (business - it's the boss's money).

Arms Complement:

• SIG 220
• Mags (x2), 8 round
• Ammo, Speer 185gr Gold Dot, 25 rounds in factory box

Will I have any problems flying out of BWI with the above?


Thanks.

Just some considerations though nothing changed in the last year of which I am aware. I do have some concerns as to the legality in general. For your consideration:

The MD Criminal Law regarding possession of a handgun and its exceptions:

TITLE 4. WEAPON CRIMES
SUBTITLE 2. HANDGUNS


Md. CRIMINAL LAW Code Ann. § 4-203 (2015)

§ 4-203. Wearing, carrying, or transporting handgun

(a) Prohibited. --

(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;


(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;


(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or


(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) Exceptions. -- This section does not prohibit:

(1) the wearing, carrying, or transporting of a handgun by a person who is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

(i) a law enforcement official of the United States, the State, or a county or city of the State;


(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;


(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;


(iv) a correctional officer or warden of a correctional facility in the State;


(v) a sheriff or full-time assistant or deputy sheriff of the State; or


(vi) a temporary or part-time sheriff's deputy;

(2) the wearing, carrying, or transporting of a handgun, in compliance with any limitations imposed under § 5-307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;


(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;


(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;


(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;


(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;


(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;


(ii) within the confines of the business establishment in which the supervisory employee is employed; and


(iii) when so authorized by the owner or manager of the business establishment;

(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or


(9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

(i) the handgun is unloaded;


(ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and


(iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.

(c) Penalty. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.


(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $ 250 and not exceeding $ 2,500 or both; or


(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

(3) (i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

(4) (i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

You provided no information as to the purpose of your trip of how you are transporting from Pa to MD so, assuming that you do not qualify for some of the MD exceptions to 4-203, then you are vulnerable to MD's prohibition unless you can garner FOPA transport protection.

Although MD is not within the jurisdiction of the 3rd Circuit Court of Appeals, you should be aware that it had ruled in 2013 that FOPA protection did not extend to someone afoot in the A/P since they are not within a vehicle at the time. Since personal appearance is required at the counter when a firearm is initially introduced into the air transit system the check-in is potentially legally problematic.

It follows from this plain meaning that an ambulatory
plaintiff who intends to transit through Newark Airport is
outside the coverage of the statute.

...

In light of the plain meaning of the statute, fully
corroborated by the legislative history, we hold that section
926A benefits only those who wish to transport firearms in
vehicles—and not, therefore, any of the kinds of
“transportation” that, by necessity, would be involved should
a person like those represented by the Association wish to
transport a firearm by foot through an airport terminal or Port
Authority site.

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________
No. 12-3621
____________
ASSOCIATION OF NEW JERSEY RIFLE AND PISTOL
CLUBS INC.,
Appellant
v.
PORT AUTHORITY OF NEW YORK AND NEW JERSEY,
and
SCOTT ERICKSON

[Mirlen]

No to hijack the thread, but I have wondered how people pick up their checked firearms legally when flying to Florida since they are prohibited and there are signs all around the baggage claim areas indicating this. Am I supposed to summon an officer to carry my bag outside?

[knight0334]

No to hijack the thread, but I have wondered how people pick up their checked firearms legally when flying to Florida since they are prohibited and there are signs all around the baggage claim areas indicating this. Am I supposed to summon an officer to carry my bag outside?

The guns aren't in your immediate control when it is in your luggage in FL. Otherwise a UPS/FedEx/USPS delivery person would be in violation of the law when they deliver the guns, or even a luggage handler in the terminal.

[tl_3237]

No to hijack the thread, but I have wondered how people pick up their checked firearms legally when flying to Florida since they are prohibited and there are signs all around the baggage claim areas indicating this. Am I supposed to summon an officer to carry my bag outside?

Do you recall any specifics of the signage? Where are they posted (external public entrances, carousels, etc)? I suspect that the signage refers more to someone from the outside entering the A/P while 'armed'.

The FL Crime code does address the issue somewhat for outgoing flights. A similar parallel can be argued for incoming flights IMO.

XLVI FLS 790.06 License to carry concealed weapon or firearm.

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:
...

14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft;

[Mirlen]

Do you recall any specifics of the signage? Where are they posted (external public entrances, carousels, etc)? I suspect that the signage refers more to someone from the outside entering the A/P while 'armed'.

The FL Crime code does address the issue somewhat for outgoing flights. A similar parallel can be argued for incoming flights IMO.

This is the sign as posted at the Orlando International Airport, baggage claim area:

sign.jpg

[Ricochet]

I know this may not be much help to you now.
But between 2006-2008 I used to fly out of BWI with firearms on almost a monthly basis.
Never had trouble with the airlines or TSA. But the MD Transportation Police sometimes tired to make things more difficult than they should have been by asking all kinds of questions that were irrelevant.
I suggest having large padlocks on your gun cases locked before you even step into the airport.

[Ricochet]

This is the sign as posted at the Orlando International Airport, baggage claim area:

sign.jpg

That's because in most airports you don't pick up firearm baggage where regular baggage is picked up.
The airline always has a separate kiosk for "irregular size baggage, cargo or luggage requiring special care".

[Sgt.K]

That's because in most airports you don't pick up firearm baggage where regular baggage is picked up.
The airline always has a separate kiosk for "irregular size baggage, cargo or luggage requiring special care".

I have not yet flown with a firearm, but this seems odd given what I (think I) know. There should be no external indication on the baggage that firearms are enclosed, so how are they to separate out the firearm baggage?

[Jhaydeno]

That's because in most airports you don't pick up firearm baggage where regular baggage is picked up.
The airline always has a separate kiosk for "irregular size baggage, cargo or luggage requiring special care".

It's been just a few years since I flew out of BWI with a firearm (my brother moved from his rural AZ address), but I never had any trouble out of BWI with checking firearms on multiple occasions.

I don't recall a separate pickup point in AZ or BWI; my luggage popped out on the regular carousel.

In AZ they actually have a pre-recorded loop on the shuttle bus to remind you to check firearms as you enter the airport!

A final word of caution: If you are going to repurpose your range bag as a carry on, the TSA sniffer may not appreciate it! Have your LTCF handy to explain that one. Don't ask...