My letter so far- comments, PLEASE!
R. Denis Wauchope
[address/phone cut]
Email
[email protected]
May 29, 2004
Representative Randy “Duke†Cunningham
2350 Rayburn House Office Building
Washington, DC 20515-0550
(202) 225-5452
(202) 225-2558 Fax
Re: Authority of TSA Staff
Dear Rep. Cunningham,
As you know from my previous letters and emails to you, I am (besides being one of your strong supporters!) very interested in matters pertaining to the Second Amendment, which interest I know you share.
Some time ago I visited Florida, where I purchased some ammunition at a gun show, which I intended to bring with me back to California for use with my revolver. I had contacted American Airlines before my flight and was told that it was acceptable to take ammunition on the flight, provided that it was placed in Hold Baggage and that I declared this ammunition at check-in. (I was not travelling with any firearms, just the ammunition.)
When I got to the check-in counter, I found that I hadn’t got the whole story; I declared the ammunition as advised, and the ticket agent called over a Transportation Security Administration (TSA) agent who then advised me that the ammo had to be “in the original box.†The ammo that I had was indeed in the original packaging… but that was two sealed plastic bags, not boxes.
According to the agent, who was quite professional and polite about the matter, there was nothing I could do except surrender this ammunition to him for disposal (back in the days before all the additional security, I would have had the option of giving it to my sister to ship to me, but nowadays family members can’t come to the check-in counter at Orlando Airport.)
I accepted the situation with as much grace as I could muster, and had forgotten about it until a “thread†came up on The High Road, an online discussion group centered around guns and the Second Amendment, in which a member had had some ammunition confiscated from him under similar circumstances.
Many of the members who took part in the discussion (found at
http://www.thehighroad.org/showthread.php?s=&threadid=83369 ) thought that this sort of confiscation was simple theft. One member stated it thus: “You were robbed by an officer under color of law.†I tend to agree. (My member name on The High Road is “Esky†if you read this thread, which I hope you will.)
Then I did some investigation, and found on the TSA’s website the following, under the heading Air Travel – Prohibited Items: ( found at
http://www.tsa.gov/public/interweb/assetlibrary/Permitted_Prohibited_12_18_2003.pdf )
Prohibited items are weapons, explosives, incendiaries, and include items that are seemingly harmless but may be used as weapons—the so-called “dual use†items. You may not bring these items to security checkpoints without authorization.
If you bring a prohibited item to the checkpoint, you may be criminally and/or civilly prosecuted or, at the least, asked to rid yourself of the item.
A screener and/or Law Enforcement Officer will make this determination, depending on what the item is and the circumstances. This is because bringing a prohibited item to a security checkpoint—even accidentally—is illegal.
Your prohibited item may be detained for use in an investigation and, if necessary, as evidence in your criminal and/or civil prosecution.
If permitted by the screener or Law Enforcement Officer, you may be allowed to: consult with the airlines for possible assistance in placing the prohibited item in checked baggage; withdraw with the item from the screening checkpoint at that time; make other arrangements for the item, such as taking it to your car;
or, voluntarily abandon the item. Items that are voluntarily abandoned cannot be recovered and will not be returned to you.
The following chart outlines items that are permitted and items that are prohibited in your carry-on or checked baggage. You should note that some items are allowed in your checked baggage, but not your carry-on. Also pay careful attention to the “Notes†included at the bottom of each section – they contain important information about restrictions.
The prohibited and permitted items chart is not intended to be all-inclusive and is updated as necessary. To ensure everyone’s security,
the screener may determine that an item not on the prohibited items chart is prohibited. In addition, the screener may also determine that an item on the permitted chart is dangerous and therefore may not be brought through the security checkpoint.
The chart applies to flights originating within the United States. Please check with your airline or travel agent for restrictions at destinations outside of the United States.
For updates and for more information, call our Consumer Response Center toll-free at 1-866-289-9673 or email
[email protected].
(Emphasis mine.)
Then, in the following chart, under the heading Guns and Firearms, I found that
“If ammunition is permitted, [by the airline] it must be declared to the airline at check-in. Small arms ammunitions for personal use must be securely packed in fiber, wood or metal boxes, or other packaging specifically designed to carry small amounts of ammunition. Ask about limitations or fees, if any, that apply.â€
From that, it appears that the agent was incorrect when he said that ammo had to be “in the original box.†From what I’ve learned, though, that’s the only way I would attempt to carry it now. Not that I have any comeback, if it is confiscated, regardless.
So now I’ve found a lot more things to be concerned about than I had started with:
• TSA agents have no limits to their authority (according to their own information as given)
• Ammunition (and guns, or any other property, even if the airline agrees to carry it) may be confiscated at the whim of any TSA agent or LEO, who does not have to justify his or her action
• Travellers carrying guns or ammo should get “authorization†(from who?) before arriving at the airport security checkpoint
• Law abiding travellers, even though they are citizens, may be subject to criminal and/or civil prosecution just for possessing legal firearms and/or ammo when checking in, regardless of packaging (unless they are “authorized†by… somebody, I guess, who probably also isn’t accountable)
• Items that are “voluntarily†abandoned cannot be recovered and will not be returned. (And who gets this property, or the profits from the sale of this so-called abandoned property?)
Please don’t get me wrong; I realize that security measures are necessary, and no one wants to ever have anything like 9-11 happening again. But I certainly don’t think that giving unlimited authority to agents of the TSA is wise, or necessary. And I also realize that the points I have raised are worst-case scenarios (at least I hope that they are!)
Don’t you think that there should be some way that an impartial board, or a judge, could determine (or review) whether confiscation of someone’s property was actually required? I’m sure you have heard from some of your other constituents that many things “go missing†out of people’s luggage, since we no longer can effectively lock our belongings—what can be done about this problem? How are the “screeners†screened?
And how can I, or anyone, possibly abide by all these regulations when so many of them are contradictory?
I would appreciate your reponse on the above matters, but would also appreciate your discretion (as I don’t want to be put on the TSA’s list of undesirables—flying’s bad enough already, and I avoid it whenever possible.)
Sincerely,
R. Denis Wauchope
AKA Esky on The High Road
OK, folks- this is it so far. I know it's too long-winded, so suggestions on cutting would be appreciated, as would suggestions on content. (The formatting here on THR is slightly different than the printed version.)
Esky
who's now going for a walk on the beach... to reflect on Memorial Day