Do all states allow firearms to be carried on flights from checked-in luggage?

[davidmich]

@davidmich

Thanks GaryM. So what happens to the firearm? Is it confiscated by the police? Is it mailed back to the owner?

I presume firearms are impounded/will not be retuned to the owner, but I haven’t found any cite for that.

[Bear_Nenno]

@DSYoungEsq

How in the world does New York (state OR city) stop you from driving into either with a gun? It’s not like they have roadblocks and mandatory searches… :dubious:

Same way they stop all the other crimes.

[pkbites]

@doreen

Just like they cant actually stop you from flying into LaGuardia with one in your checked baggage.

Like hell they can’t. Do a simple Google search to read the nightmare stories about folks who showed up at LaGuardia/Kennedy with a firearm in their checked luggage.
There were some gentlemen waiting to talk to them as they deplaned.

I can legally carry in all 50 states and even I was concerned enough that I went on several different message boards to see what was going to happen when I went to NYC. I fared OK but most others do not. Like I stated in post #6: Unless you are a LEO or have one of their very rare permits, DO NOT TAKE A GUN TO NYC!

[Jackmannii]

Mrs. J. was reminiscing Friday about flying into South Dakota during pheasant season and seeing the large number of rifles/shotguns being picked up in the baggage claim area. Debbie Wasserman Schultz would’ve blown a gasket.

@Shagnasty

Just to point out the obvious, the method of shipping the firearm didn’t have much of anything to do with this shooting. Baggage claim generally isn’t part of the secure area of U.S. airports and it certainly isn’t at the Ft. Lauderdale airport. A shooter there does not need to be a passenger on any flight. You could just as easily drive to the airport, walk into baggage claim or the ticketing area and start shooting. It is no different from any other soft target where lots of people congregate like a shopping mall or nightclub.

Or someone could drive into the pickup area and find lots of targets there.

[doreen]

@pkbites

Like hell they can’t. Do a simple Google search to read the nightmare stories about folks who showed up at LaGuardia/Kennedy with a firearm in their checked luggage.
There were some gentlemen waiting to talk to them as they deplaned.

My point is they didn’t actually stop those people from flying into Laguardia with the firearm in their checked luggage just like they can’t stop someone from driving in with a firearm in their car. After all, if people were waiting to talk to them as they deplaned, they obviously flew into NYC with a firearm in their checked baggage.

And although I cant say it’s impossible that people have run into trouble when they deplaned, I’ve never heard of it, nor could I find anything with a Google search. What I did find was stories like this where people were arrested when they got to the airport for their return flight.
And by the way, it’s not just JFK and LaGuardia where this happens. It’s also happened in Newark and Albany and probably every other airport in NY or NJ or any other state where the person declaring a firearm at check in cannot legally possess that firearm in that state or city.

[JRDelirious]

Of course they do not a-priori stop every person from entering or crossing the state with weapons in their constructive possession by whatever their means of entering or crossing the state; individuals are just forbidden to do so unless authorized and it is up to the individuals to comply with that, and IF it comes to their attention that you did THEN they will want a word with you about it.

[Nava]

@davidmich

I presume firearms are impounded/will not be retuned to the owner, but I haven’t found any cite for that.

Being impounded and not being returned to the owner are very different things, which is the one you presume?

[davidmich]

@Nava

Being impounded and not being returned to the owner are very different things, which is the one you presume?

Sorry, I presume that New York law enforcement seizes firearms (found at NY airports) and does not return them to their owners, since having a gun in your checked-in luggage at JFK or La Guardia ( as your final destination) is a criminal offense, as I understand it.

[doreen]

@davidmich

Sorry, I presume that New York law enforcement seizes firearms (found at NY airports) and does not return them to their owners, since having a gun in your checked-in luggage at JFK or La Guardia ( as your final destination) is a criminal offense, as I understand it.

From the NYT article I linked above

There is one thing the defendants do not get back: their guns. Those are confiscated and destroyed.

[davidmich]

@doreen

From the NYT article I linked above

Thanks Doreen. Very helpful. Thank you all.

[Airman_Doors_USAF]

There is a “safe passage” provision included in the Firearm Owners Protection Act of 1986 that states that if transported properly and without undue or unusually long stops you can pass through a locale where the firearm is prohibited without being arrested. If you live outside of New York City and you pass directly through the city they can’t arrest you. But law enforcement gets to determine what is undue or unusually long, so it is ill-advised to take any chances.

The problem with air travel is that when you are diverted to LaGuardia your bags are marked as containing a firearm and the cops know this. Additionally, even though it’s not your fault the layover constitutes a stop of undue length according to them.

You’ll probably win, but it will be expensive and you probably won’t ever see your gun again, so you need to be aware of the risks.

But, to directly answer the question, yes, every state allows firearms in checked baggage as it’s a purely federal matter. It only becomes an issue once you land and claim you bags in certain places, or if you’re stupid enough to try to check a weapon prohibited at your point of departure. That’s when the local gendarmes step in.

[davidmich]

@Airman_Doors_USAF

There is a “safe passage” provision included in the Firearm Owners Protection Act of 1986 that states that if transported properly and without undue or unusually long stops you can pass through a locale where the firearm is prohibited without being arrested. If you live outside of New York City and you pass directly through the city they can’t arrest you. But law enforcement gets to determine what is undue or unusually long, so it is ill-advised to take any chances.

The problem with air travel is that when you are diverted to LaGuardia your bags are marked as containing a firearm and the cops know this. Additionally, even though it’s not your fault the layover constitutes a stop of undue length according to them.

You’ll probably win, but it will be expensive and you probably won’t ever see your gun again, so you need to be aware of the risks.

But, to directly answer the question, yes, every state allows firearms in checked baggage as it’s a purely federal matter. It only becomes an issue once you land and claim you bags in certain places, or if you’re stupid enough to try to check a weapon prohibited at your point of departure. That’s when the local gendarmes step in.

Thanks Airman Doors, USAF. Very enlightening.

[Northern_Piper]

@Airman_Doors_USAF

But, to directly answer the question, yes, every state allows firearms in checked baggage as it’s a purely federal matter. It only becomes an issue once you land and claim you bags in certain places, or if you’re stupid enough to try to check a weapon prohibited at your point of departure. That’s when the local gendarmes step in.

It’s the word “allows” in both the thread title and this post that bothers me, because it suggests the states have a say in whether guns can be checked on a flight.

Isn’t it the case that since air travel is purely a matter of federal law, the states don’t have a say in what can be checked; they can’t allow it, or disallow it?

State law applies when you’re in possession of the firearm before you check it, and after you receive your baggage back on arrival. That may pose legal issues, but that’s got nothing to do with checking the gun on a flight.

[Orwell]

@Shagnasty

Just to point out the obvious, the method of shipping the firearm didn’t have much of anything to do with this shooting. Baggage claim generally isn’t part of the secure area of U.S. airports and it certainly isn’t at the Ft. Lauderdale airport. A shooter there does not need to be a passenger on any flight. You could just as easily drive to the airport, walk into baggage claim or the ticketing area and start shooting. It is no different from any other soft target where lots of people congregate like a shopping mall or nightclub.

Exactly. You can drive, walk or take public transit to nearly any airport and walk into baggage claim. With or without a gun, however legal or illegal that may be given local laws and whether someone is prohibited from carrying or owning a firearm. I cringed when I first saw a news report that started with an uninformed/inflammatory reference to a “failure” or “loophole” in airport security. This nutjob could have simply walked into his local Anchorage airport and started shooting.