And civilian airport employees cannot accomplish the same thing of smuggling in firearms? Remember we do have the issue of firearms being stolen from luggage.You failed to see my point. A uniformed cop carrying a gun BEYOND the security check-points is a target for a would-be terrorist, for easily getting a gun onto a fully loaded plane.
My point is: Why do they allow it...because it is very stupid to allow that.
And civilian airport employees cannot accomplish the same thing of smuggling in firearms? Remember we do have the issue of firearms being stolen from luggage.
Thats true, but its pretty remote that someone these days will slip by backround checks to be able to work around an aircraft or in the terminal/gate areas, plus they all go through metal detecotrs before they start their shifts and/or enter a sterile area.
If I chose to, right now, TODAY, to go to Ft. Lauderdale Int'l Airport, buy a ticket and walk through security to the gates......and then sit and wait for a cop to walk by....I could knock him out cold easily, take his weapon and run onto any plane that is in the boarding stages.
Piece of cake.
See the point I'm making now. Why make it easy as pie to get a gun on a plane? Noone has to go through metal detectors with a gun, noone has to go through backround checks, interviews and training for weeks just to get on the job at the airport, noone has to risk opening up luggage and having someone see you, etc... etc... etc....
Terrorists and crazy assholes like the easy way.
I wouldn't bet it would be as easy as you think. There are multiple logistics to figure out (i.e. where to perform the attack so that no one see you, what to do with the body, etc.). And while we could debate the merits of brain power in police officers, the thought occurs to me that you would need to find a pattern in a person's behavior to take advantage of. I just don't think it would be that easy.
Either way, the conversation has gotten off track. The origianl point was concealled carry into the airport. What's the word from FDLE?
Still wiating on a reply.
Federal law allows you carry an unloaded weapon inside a locked container that is checked as baggage. You cannot carry it on board. It must be checked as baggage. And it must be declared to the ticket counter.
I can tell you this much. Outside of the areas covered under Federal authority at least in Palm Beach County, airports are policed by the County Sheriff's office. At PBIA, I spoke to the Captain in charge of the detail and was assured that any person, with or without a vailid Concealed Weapons License, and without valid Law Enforcement credentials found to be in posession of any firearm loaded or unloaded not encased for transport and in the process of being claimed for transport on any premise of the airport terminal beyond the curb would be properly gifted with a pair of shiney new bracelets, an all expense paid vacation at the lovely Palm Beach County specialty hotel next door, and a guest appearance in the dynamic new game show Court Life, meet the judge.
Carry ANYWHERE in a terminal of an airport in Florida is illegal period!
You may argue your point in the game show but you will not win on the airport floor.
Yes. It happens here in Nevada as well quite often.Couple things:
First, cops are the last people you want to ask about a very important question pertaining to law. Cops are hardly an educated bunch, high school diplomas/GED's are all thats required of them. Cops can arrest you for anything, doesn't mean they're right. Thats what "wrongful arrest" is for.
All airports have those signs. That signage is maintained by TSA, not the State or jurisdiction that operates the airport. I just came back from Houston Hobby last night. The same TSA prohibited item signage is there as it is in Dallas (Love Field and DFW), Kansas City MO, Las Vegas, Orlando, St Louis and West Palm Beach.Second, part of the question here is the real definition of the terms "sterile area" and "non-sterile area". There's a sign right before you enter the line to go through security, into a "sterile area", that says, "no weapons beyond this point." If you are not allowed beyond the curb or parking lot they would have the signs out there saying that.
Here it is again.Also, 790.06(12) says "any passenger terminal". Depending on which definition you read the terminal can be where passengers board and deplane an aircraft.....or it can say the entire building from the curb to the plane. So, its another grey area. "passenger terminal" to me means the concourses and gate areas AFTER you pass through security into the "sterile area." Because everyone that goes to an airport is not a passenger. If it just said, "terminal", I would have to say then that you cannot carry a weapon anywhere, period.
You sent your inquiry to the Florida Department of Agriculture which issues the FL CWFL, not FDLE. We already have an attorney's opinion on the matter previously posted in this thread. Seems pretty clear cut to me. However if you want to wear an orange jumpsuit and be Bubba's special friend in county lockup be my guest.We'll see.
FDLE answered me: Looks like they are no longer allowed to give interpretations of law, they used to do it, I did it about 7 years ago and they answered my question.
Mr. XXXXXX:
The Division of Licensing has no jurisdiction to interpret statutes, issue opinions, or render legal advice about the legality and illegality of matters not strictly related to the issuance of concealed weapons licenses. The Division is given very narrow responsibility under section 790.06, Florida Statutes. We can issue licenses to qualified citizens; deny licenses to applicants who are not qualified; or revoke or suspend licenses in instances where licensees have committed disqualifying crimes. Outside of that, the Division has no authority to discuss the legality of concealed weapons issues and crimes pertaining to violations of the concealed weapons law. Please consult an attorney or State Attorney's Office.
Amanda F. Herring, Supervisor, Florida Department of Agriculture
Public Inquiry Section
(850)245-5665 Office (850)245-5655 Fax
I contacted an attorney to look into it for me. I asked him specifically to get an "interpretation from the state", because thats all that matters. His opinion or anyone elses opinions are meaningless. Once you get the interpretation of the law, it IS the law and its exactly what an attorney would go by if they had a real case to deal with. I've done this a couple times with the FAA to interpret an aviation law for us that was a little hard to make heads or tails of.
I'll post it as soon as I get it.
Link Removed
I was surprised today when an instructor who has been using my book asked whether a TSA official was correct in saying that the entire passenger terminal was considered part of the "sterile area" - and thus a CWP holder could not carry a firearm in any part of the terminal. I was surprised because of the two mistakes in the question. First -- the "sterile area" is a federal definition, and does not refer to the entire terminal -- but (in simplified terms) is used to refer to the area from the Xray machines on. However, the second error involved a misreading of Florida Statute 790.06(12), which makes it crystal clear that carry pursuant to a CWP excludes the entire passenger terminal -- not just the sterile area.
In other words -- all portions of the "passenger terminal" are excluded from CWP carry. That should include the shops, the restaurants, etc.
However, since parking areas are normally separate and not within the passenger terminal building -- it will still be legal for CWP carry in that area.
So -- don't carry in an airport -- even with a CWP.
I guess just for cloture, here is a post from the esteemed FL attorney Gutmacher:
Gutmacher's blog entry is pretty straight forward on the issue.Thanks for the post FreedomsAdvocate but this still leaves my question about the Tampa airport a little hazy. At Tampa International all the passenger terminals are separate buildings you have to take a shuttle to. So you have to pass the security check point then shuttle over to the "passenger terminal." So wouldn't that mean I'm legal to carry at the main building (check in and baggage claim) as long as I don't go through the security check point?
But for now I don't have the money to try to argue that point in court so I'll leave it in that car. Or pick up curb side.
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