You probably read early last week about the Georgia man who brought a rifle into Hartsfield-Jackson Atlanta International Airport and was arrested after police were alerted, via a tip from his family, that he was planning to “shoot up the place.”
49-year-old Billy Joe Cagle, a resident of Cartersville, GA, currently faces charges of terroristic threats, possession of a firearm during the commission of a felony, criminal attempt to commit aggravated assault and possession of a firearm by a convicted felon.
Obviously, we should all be relieved that he was caught before he was able to do any harm. But it did bring up an interesting question – how did he manage to bring a rifle into the airport? Isn’t that against the law?
Isn’t it against the law to bring a firearm inside an airport in your carry-on, personal bag or on your person?
As it turns out, for the vast majority of the country, no.
If you’re reading this, I’m sure you already know that TSA exercises strict control over firearms in the “sterile area” of an airport. This is, of course, the portion of the terminal that begins after the TSA security screening checkpoint and includes everything in the building between that and the aircraft boarding gates.
Federal law prohibits passengers from carrying any firearms, loaded or unloaded, into this secure zone.
But if someone is on the landside of the airport, it’s legal to bring a gun in (are you sitting down?) 44 states.
Yep, 44 states
The federal government controls the airside of airports. But if you haven’t gone through the TSA security checkpoint yet, THAT part of the airport is under the jurisdiction of whatever state you’re in. And 44 states have determined that it’s A-OK to bring a pew-pew into the landside of an airport. So in those states, the ticketing counters, baggage claim, all those areas are fine for you to have a gun.
The laws
As a country with a patchwork quilt of laws, HOW and IF you can carry that gun inside the airport will vary, depending on the state laws, as well as local ordinances.
State laws
Some states have laws that expressly prohibit firearms on all airport property. Others permit concealed carry in non-secure areas, such as parking lots or the non-secure areas of the terminal building (like check-in, baggage carousel area, etc.), if they have a valid permit. Reciprocity agreements for concealed carry permits also play a role. If a state recognizes a permit from another state, the permit holder may be able to legally carry in non-secure areas, subject to the state’s specific airport regulations.
Local ordinances
Local ordinances also play a role in firearms possession at airports. Cities or counties may have ordinances that impose stricter rules than state law (i.e. they may prohibit firearms in parking garages or within a certain distance of the terminal building, even if the state law says it’s OK).
However, GENERALLY SPEAKING, these are the states that allow you – or not – to bring a gun onto airport property. It doesn’t include local ordinances, reciprocity agreements, etc.
States where it’s illegal to bring a firearm into an airport
- Arkansas
- Florida
- Illinois
- North Dakota
- Oklahoma
- Virginia
States where it’s legal to bring a firearm into an airport, but you must open carry
- Mississippi
- Nevada
- Ohio
It’s legal to have a concealed weapon on the landside of airports in the other 41 states in the U.S.
Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming
What if you want to transport a gun in your checked luggage?
That’s perfectly legal within the United States, however you have to follow the rules of how it’s done.
Federal regulations allow firearms to be transported in checked luggage if they are completely unloaded and secured inside a locked, hard-sided container. Only the passenger should retain the key or combination to the lock.
To comply with federal law, a passenger must:
- Declare the firearm to the airline agent at the ticket counter during the check-in process.
- Sign a declaration form provided by the airline, which is often placed inside the case with the firearm.
- Declare all ammunition, which must be in its original packaging or a secure box specifically designed for transport.
In conclusion
If you want to bring a gun inside an airport, or even onto airport property, it’s probably best to know the laws of the state, as well as local ordinances, before doing so.
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