Metropolitan Washington Airport Authority Making and Enforcing Laws

[Jayman]

I just got more word today regarding the Metropolitan Washington Airport Authority, from the VCDL. In their most recent update, they reveal that the MAA has created laws for the areas it controls, and enforceable by itself. In other words, they have declared themselves a law making and enforcing entity independent of Virginia or the Federal Government.

You can see evidence of this declaration here.

This is bad news. You can be in 100% compliance with all Federal, State, and local laws, drive around the airport, and STILL get charged with an offense. Something along these lines happened to some folks I know, as you might recall me writing about it earlier, here:

http://www.thehighroad.org/showthread.php?s=&threadid=55354

If you live in Virginia, or ever find yourself using Dulles or Reagan International, I urge you to write the MWAA and protest severely. I've even got a sample letter with all the email addresses, courtesy of the VCDL, which you should feel free to use as a template:

TO: [email protected]
CC: [email protected], [email protected],
[email protected], [email protected], [email protected]
BCC: Your State Delegate & Senator - ______, _____

SUBJECT: MWAA Civil Rights Violations - Cease and Desist MWAA "Gun Traps"

Dear MWAA Leadership:

1. I am writing to you to object to your MWAA Regulations 8.4 and
8.5 as they pertain to firearms and to ask you to delete any mention
of firearms from your regulations as the control of firearms on MWAA
facilities is completely and preemptively governed by federal law and
the laws of the Commonwealth of Virginia. Furthermore, your
regulations speak to a firearm owner duty to "disable" firearms being
transported to an airline counter for checking into baggage when this
is neither a federal TSA requirement nor advertised on your web site
for anyone to even know about it. The bottom line is that federal
law already clearly controls firearm possession in the secure areas
of airports, and Virginia law limits the carriage of firearms in
public generally, and specifically bans the concealed carry of
handguns unless the person holds a Concealed Handgun Permit. No
permit is issued to carry concealed weapons in Virginia, other than
for concealed "handguns." MWAA is already free to assist federal and
state law enforcement agencies in enforcing these many existing
firearms laws.

2. I am very upset that your Associate General Counsel has been
sending emails and letters to Virginia residents threatening them
with arrest for peaceably carrying or transporting firearms onto or
through MWAA property in and around Dulles and Reagan National
Airports. An example of Ms. Naomi Klaus' work may be found at
http://www.vcdl.org/letters/mwaa.pdf. Other examples specifically
state that the addressee "will be arrested."

3. Ms. Klaus states or implies that these persons will be arrested
for being on, or driving through any portion of airport property
while carrying or transporting a firearm, including the Dulles Access
Road, the Reagan Airport Metro station, Route 28, or Route 606.
This is an incredible violation of the Constitutional and civil
rights of all Americans. You ought to be ashamed of yourselves for
setting up "gun traps" by not even posting these areas with signs or
advertising your unlawful gun ban even on your web site.

4. MWAA's Regulations 8.4 and 8.5 (enacted in 1994) as they pertain
to firearms are *completely* preempted by Va. Code Section 15.2-915
(as amended by HB1516 in 2003). The General Assembly passed, and
Governor Warner signed this preemption bill over "any authority,"
(and that includes MWAA) because the non-secure airports are not made
safer by disarming law abiding citizens.

5. As you know, the Commonwealth Freedom of Information Act Council
issued an opinion on 6 January 2004 holding MWAA in violation of the
Virginia Freedom of Information Act ("FOIA") for refusing to answer a
FOIA request made to you in good faith under Virginia law into this
very matter. What have you got to hide, MWAA? Why will you not
answer the FOIA request into your past application of MWAA Regulation
8.4 and 8.5 to harass and intimidate law abiding American gun owners
at your airports?

6. Note that FOIA Council Executive Director Maria J. K. Everett states:

"MWAA was created by an interstate compact between the Commonwealth
of Virginia and the District of Columbia (the District) to acquire by
lease Washington Dulles International Airport and Ronald Reagan
Washington National Airport. The creation involved passage of
legislation that included terms governing the operation of MWAA by
Virginia and the District. The United States Constitution, Article
I, § 10, cl. 3 provides that "No state shall, without the Consent of
the Congress...enter into any Agreement or Compact with another
state." Congress may consent to such a compact by authorizing the
joint state action in advance, or by giving expressed or implied
approval to an agreement that the states have already joined. In
the case of MWAA, Congress approved the agreement between Virginia
and the District after its creation with the Metropolitan Washington
Airports Act of 1986 ("the Enabling Act"). The Enabling Act
consented to the lease of the two airports to MWAA, subject to
certain conditions. Included in the agreement adopted by Virginia
and the District, and subsequently approved by Congress, is language
stating that ***[t]he courts of the Commonwealth of Virginia shall
have original jurisdiction of all actions brought by or against the
Authority, which courts shall in all cases apply the law of the
Commonwealth of Virginia.*** (Emphasis added.)"

Accordingly, Virginia gun preemption law applies to MWAA just as does
the Virginia FOIA. I am placing you on notice that should MWAA or
its agents harass or arrest me, my family, or any one of my employees
or associates, for lawfully transporting or carrying firearms
pursuant to my statutory rights under Virginia law on MWAA property,
you will face legal action for violations of our fundamental and
civil rights.

I expect you to retract these irresponsible and illegal regulations
immediately. I am also going to be contacting Attorney General
Kilgore and my delegate and senator about MWAA's flaunting of
Virginia law.

Sincerely,
"YOUR NAME"

 

[Standing Wolf]

The new self-appointed aristocrats have more important things to do with their time than listen to the carping of commoners.

Saddam Hussein is in custody. Norman Mineta isn't.

 

[Jayman]

The new self-appointed aristocrats have more important things to do with their time than listen to the carping of commoners.

You may be right, but I haven't given up complete hope on trying to work within the system yet.

 

[DragonRider]

Crud, I drive all those every day. I did carry when I picked up my dad on 12/31 and I looked at the airport regs before I did. Nothing was clearcut. But on 28, please, public road.

John

 

[Smurfslayer]

There's more to it...

Jayman,
As you probably know, Mike S********** is working on this diligently. I would caution (and I've also brought this up to Philip) that 15.2-915 may not protect us. I say may... 1st, MWAA enabling legislation, title 5, chapter 10 5.1-177 essentially overrides all general and specific laws of VA in conflict. A rule of statutory construct is that a statute may not be read in isolation, but must take into account other sections of law. Still another rule is that "the inclusion of one thing, means the exclusion of another". I draw your attention to 15.2-915.1 . Note the addition of "State agencies" in this statute?

It is possible that "any authority" would be held to mean the same as "any [state or local] authority", but there is no guarantee.

The attorney general ruling of 09/02 for Delegate Black basically dissected the DCR's state park's prohibition on the grounds that DCR had never been granted authority to regulate firearms by the General Assembly, neither was MWAA. My point in all this is we should not be firing off letters, hanging on 15.2-915 ONLY, rather, we should be pointing out to them that the General Assembly and the Attorney General of Virginia have routinely held that it is the sole responsibility of the General Assembly of Virginia to regulate firearms within the Commonwealth of Virginia, without exception. MWAA has never been granted this authority by the GA, and as such, is in violation of the law for even threatening to enforce this 'rule'.

just some information... It's a tangled mess, which the General Assembly stupidly created... Nevertheless, MWAA has way overstepped it's bounds.

 

[Jayman]

Dave, mostly this just hurts my feeble little brain. There's so much wrong with the MWAA creating and enforcing its own laws, I can't even express myself without starting the longest string of profanities known to man. (I even made some up because the old ones weren't strong enough.)

I'll be watching this with interest, that's for sure. If nothing is done about this, it sets up a VERY bad precedent...

 

[Roadrunner]

WJLA News Report dated Feb. 1, 2004

Virginia Airports' Gun Ban Under Fire

Alexandria (AP) - A Virginia gun advocacy group is battling the Metropolitan Washington Airports Authority over a regulation banning guns on its property - including sections of the heavily traveled Dulles Access Road, routes 28 and 606, and the Reagan National Airport (website - news) Metrorail station.

The Virginia Citizens Defense League claims the Airports Authority is overstepping state and federal laws and concealing the "obscure and unknown" ban, essentially "trapping" law-abiding gun owners traveling across authority property.

The authority, which operates Dulles International and Reagan National airports, says it is not bound by "the more general" state laws and that the ban is necessary for security. The authority, created in 1987, is an interstate compact between Virginia and the District of Columbia.

"We believe we do have under our authority the right to have such a ban, even though Virginia has legislation that would prohibit other airports in the state from having such a ban," said Edward Faggen, general counsel for MWAA. "We're sort of a stand-alone authority with the powers given us by Virginia and the District of Columbia."

A Virginia law, which went into effect in July, and a subsequent Attorney General's opinion gives gun owners with a concealed weapons permit - or otherwise transporting a gun legally - the universal right to possess the weapon except in a few specific places. They include courthouses, places of worship and schools. The law was meant to wipe out a growing patchwork of local gun regulations.

The MWAA regulation states no person can bring a weapon onto authority property unless the weapon is unloaded and "deactivated to the extent possible" and immediately checked as baggage or promptly given to a legitimate freight company for shipment. No exceptions are made for permit holders or people otherwise transporting a gun legally.

Even if they are miles away from the airport terminal, they will be arrested, MWAA associate general counsel Naomi Klaus said in an Sept. 2 e-mail to a VCDL member.

Mike Stollenwerk, a VCDL member who has researched the issue for the past five months, said state law allows concealed handgun permit holders to even enter the airport with their weapon.

"You come up with an issue of guns at airports and everybody's eyes get bright," Stollenwerk said. "But under state law, if I want to openly carry a handgun or if I want to carry a concealed gun, as long as I have a permit, I can legally walk right into Reagan Airport and have sushi and be legal as long as I don't try to go into a secured area."

Faggen said MWAA could consider amending its regulation.

"That's something we would be willing to look at, but that is as far as I am willing to go on that," Faggen said. "Whether we would consider altering it would be up to the policy decision makers on the board."

VCDL President Philip Van Cleave said he's been in contact with legislators and law enforcement officials to request an opinion from Attorney General Jerry Kilgore on the legality of the gun ban and possibly how much leeway MWAA has to set its own regulations.

"I don't know what the Attorney General's opinion is going to be on it, but that's our position that we have that authority," Faggen said. "VCDL should seek one if they choose to."