Sign at RDU airport entrance


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RoyG
August 12, 2005, 12:51 AM
Why is the airport at RDU posted "FIREARMS PROHIBITED" "VIOLATORS WILL BE PROSECUTED". Does this mean if I were to bring a firearm (unloaded of course) locked in a shipping container in my suitcase to check in my baggage for a flight I would be arrested?

FYI this sign is a VERY LARGE sign at the entrance to the airport.

RDU=Raleigh-Durham, NC

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hutch77
August 12, 2005, 01:07 AM
Did this sign go up recently? I was there over the July 4th and didn't notice it.


hutch77

misANTHrope
August 12, 2005, 01:19 AM
It's been there for a while- I know I've seen it over the past year during a couple of trips out there. But I've often wondered the same thing- do people get prosecuted for flying with firearms? :confused:

carebear
August 12, 2005, 01:55 AM
It'd be interesting to hear the justification, since flying with a gun in checked baggage is legal.

Had you thought of just calling or going in and contacting a SENIOR AIRPORT OFFICIAL (not some minimum wage worker or security guard or cop who probably won't know diddly) and asking them?

rick_reno
August 12, 2005, 03:02 AM
That sign is for terrorists - you have nothing to worry about. They can't say "Terrorists with FIREARMS PROHIBITED", that would profiling and it's illegal.

Henry Bowman
August 12, 2005, 10:22 AM
:D Good one, Rick!

deanf
August 12, 2005, 09:43 PM
Had you thought of just calling or going in and contacting a SENIOR AIRPORT OFFICIAL (not some minimum wage worker or security guard or cop who probably won't know diddly) and asking them?

This is a good point. You need to know the law that gives force to that sign. There may not be one . . . .

Standing Wolf
August 12, 2005, 09:49 PM
That sign is for terrorists - you have nothing to worry about. They can't say "Terrorists with FIREARMS PROHIBITED", that would profiling and it's illegal.

I should have known our courageous government would be working behind the scenes to protect us.

RoyG
August 12, 2005, 11:00 PM
This is a good point. You need to know the law that gives force to that sign. There may not be one

In NC our CCW law covers this.

Places off-limits while carrying

Where notice of carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement.

Now as far as banning ALL firearms I'm not sure about that. We do not have a open carry law here but car carry must be in the open.

Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant to ensure that their particular situation cannot be construed as concealing a weapon either on or about them without being properly authorized to do so with a valid North Carolina concealed handgun permit. Therefore, the person's accessibility to the weapon is of prime importance. It is for these reasons, that when transporting a weapon in a vehicle, even greater care must be exercised to ensure that the weapon is not concealed and within the ready access to an occupant of the vehicle. North Carolina law does not specifically address how to transport a weapon in an automobile. Therefore, the central question becomes: when is the weapon concealed and readily accessible to an occupant of the automobile? Obviously, a weapon would be concealed and readily accessible, and therefore in violation of our law, if it were placed in such areas of a vehicle as, under the seat of the automobile; in a bag in the back seat; in an unlocked glove compartment; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. A previous opinion from this office was that a weapon would not be concealed if it were placed in a locked glove compartment, unless the key to the glove compartment was in the lock and the person was in close proximity and had ready access to it. A concern with this mode of transportation however is that it is quite susceptible to different interpretations, based on the various factors involved. Therefore, this may not be the most legally defensible method of transporting a weapon, and is discouraged.

carebear
August 13, 2005, 03:54 AM
I don't give a fig what any particular State law is. Flying with a firearm in checked baggage is explicitly legal. No state, county, municipality or airport has the legal ability, much less right, to prevent you from abiding by federal law on what is allowable in checked baggage for interstate transport. The airlines may have particular regs on "how", but not "if".

Thus the state or airport can, under the law, go pound sand.

In Alaska in particular, I can conceal right on up to the security checkpoint (the "sterile zone"). It is only there that legal prohibition on possession or transportation is enforceable.

RoyG
August 13, 2005, 11:40 AM
No state, county, municipality or airport has the legal ability,

Try flying into New York City, Chicago, or Washington DC with a firearm.

carebear
August 13, 2005, 03:26 PM
I overstated didn't I. :D

Anyway, that would fall under the Federal lawful transportation regulations, would it not? which doesn't help when the police come to harass you.

Besides, as long as you don't open your bag, going into the forbidden lands who's to know. It's getting them out by checking legally that is the problem.

Stupid anti's.

Crosshair
August 13, 2005, 08:17 PM
Don't worry, once some nutjob crashes his pickup through the front of the airport and starts shooting people at random, THE SIGN SHAL SAVE US. :banghead: Knew someone at work who worked "airport security" at one point. He said that he would be the first one out the door if something bad where to happen, hen wasn't paid enough to protect anyone. He was basicly there for eye candy.

deanf
August 13, 2005, 09:55 PM
Flying with a firearm in checked baggage is explicitly legal. No state, county, municipality or airport has the legal ability, much less right, to prevent you from abiding by federal law on what is allowable in checked baggage for interstate transport.

So this federal law creates a preemption of state laws? Are you sure? Could you cite the USC number? I would like to read up on this.

carebear
August 14, 2005, 12:50 AM
TITLE 18 > PART I > CHAPTER 44 > § 926A Prev | Next

§ 926A. Interstate transportation of firearms


Release date: 2004-08-06

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

(underlining courtesy of me)

deanf
August 14, 2005, 01:03 PM
Interesting. That word Notwithstanding has always confused me a little. Does the word notwithstanding create a preemption of all other laws?

Also, the from any place to any place clause, if you choose to read the law conservatively, would seem to prohibit transport from an airport where possession is prohibited, or transport to an airport where possession is prohibited.

Kharn
August 16, 2005, 10:59 AM
Deanf:
Interesting. That word Notwithstanding has always confused me a little. Does the word notwithstanding create a preemption of all other laws?Yes.
Also, the from any place to any place clause, if you choose to read the law conservatively, would seem to prohibit transport from an airport where possession is prohibited, or transport to an airport where possession is prohibited.The airport does not count as your final destination. For example, if you were flying from your house to Grandma's, then your house is the origin and Grandma's is the destination, not the airports in-between. Of course, NY supposedly ignores this law and prosecutes anyone found with a firearm without a permit.

Kharn

brickeyee
August 16, 2005, 11:10 AM
"Try flying into New York City, Chicago, or Washington DC with a firearm."

There are no airports in Washington, DC. Ronald Reagan Washington National Airport is located in Arlington, Virginia. Even the Air Force base in Washington DC does not have a runway.

Kharn
August 16, 2005, 11:39 AM
brickeyee's right, everyone thinks Reagan National is in DC but its across the Potomac river.

Kharn

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