49 U.S.C. § 46303 — Carrying a weapon

Page 1552 TITLE 49—TRANSPORTATION § 46302 Amendment by section 207(c) of Pub. L. 103–305 effec- tive Feb. 1, 1995, see section 207(d) of Pub. L. 103–305, set out as an Effective Date note under section 41719 of this title. CONFORMING REGULATIONS Pub. L. 118–63, title V, § 507(c), May 16, 2024, 138 Stat. 1193, provided that: ‘‘The Secretary [of Transportation] shall revise such regulations as necessary to conform to the amendment made by subsection (a) [amending this section].’’ SAVINGS PROVISION Pub. L. 102–345, § 2(c), Aug. 26, 1992, 106 Stat. 925, pro- vided that: ‘‘Notwithstanding subsections (a) and (b) of this section, sections 901(a)(3) and 905 of the Federal Aviation Act of 1958 [Pub. L. 85–726] as in effect on July 31, 1992, shall continue in effect on and after such date of enactment with respect to violations of the Federal Aviation Act of 1958 occurring before such date of en- actment.’’ LASER POINTER INCIDENTS Pub. L. 114–190, title II, § 2104, July 15, 2016, 130 Stat. 620, as amended by Pub. L. 118–63, title II, § 218(m), May 16, 2024, 138 Stat. 1057, provided that: ‘‘(a) IN GENERAL.—Beginning 90 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration, in coordina- tion with appropriate Federal law enforcement agen- cies, shall provide annually an annual [sic] briefing to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] regarding— ‘‘(1) the number of incidents involving the beam from a laser pointer (as defined in section 39A of title 18, United States Code) being aimed at, or in the flight path of, an aircraft in the airspace jurisdiction of the United States; ‘‘(2) the number of civil or criminal enforcement ac- tions taken by the Federal Aviation Administration, the Department of Transportation, or another Fed- eral agency with regard to the incidents described in paragraph (1), including the amount of the civil or criminal penalties imposed on violators; ‘‘(3) the resolution of any incidents described in paragraph (1) that did not result in a civil or criminal enforcement action; and ‘‘(4) any actions the Department of Transportation or another Federal agency has taken on its own, or in conjunction with other Federal agencies or local law enforcement agencies, to deter the type of activity described in paragraph (1). ‘‘(b) CIVIL PENALTIES.—The Administrator shall re- vise the maximum civil penalty that may be imposed on an individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft, to be $25,000. ‘‘(c) REPORT SUNSET.—Subsection (a) shall cease to be effective after September 30, 2028.’’ § 46302. False information (a) CIVIL PENALTY.—A person that, knowing the information to be false, gives, or causes to be given, under circumstances in which the in- formation reasonably may be believed, false in- formation about an alleged attempt being made or to be made to do an act that would violate section 46502(a), 46504, 46505, or 46506 of this title, is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. (b) COMPROMISE AND SETOFF.—(1) The Sec- retary of Homeland Security and, for a violation relating to section 46504, the Secretary of Trans- portation, may compromise the amount of a civil penalty imposed under subsection (a) of this section. (2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 108–458, title IV, § 4027(b), Dec. 17, 2004, 118 Stat. 3727.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 46302(a) ...... 49 App.:1471(c). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 901(c); added Oct. 12, 1984, Pub. L. 98–473, § 2014(a)(1), 98 Stat. 2189. 46302(b) ...... 49 App.:1471(a)(2) (related to 1471(c)). Aug. 23, 1958, Pub. L. 85–726, § 901(a)(2) (related to § 901(c)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, § 35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, § 2014(b), 98 Stat. 2189. 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. In subsection (a), the words ‘‘gives, or causes to be given’’ are substituted for ‘‘imparts or conveys or causes to be imparted or conveyed’’ to eliminate unnec- essary words. The words ‘‘attempt or’’, ‘‘a crime’’, and ‘‘which shall be recoverable in a civil action brought in the name of the United States’’ are omitted as surplus. In subsection (b)(1), the words ‘‘imposed under’’ are substituted for ‘‘provided for in’’ for consistency. In subsection (b)(2), the words ‘‘imposed or com- promised’’ are substituted for ‘‘The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise’’ to eliminate unnecessary words. Editorial Notes AMENDMENTS 2004—Subsec. (b)(1). Pub. L. 108–458 substituted ‘‘Sec- retary of Homeland Security and, for a violation relat- ing to section 46504, the Secretary of Transportation,’’ for ‘‘Secretary of Transportation’’. § 46303. Carrying a weapon (a) CIVIL PENALTY.—An individual who, when on, or attempting to board, an aircraft in, or in- tended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight is liable to the United States Government for a civil pen- alty of not more than $10,000 for each violation. (b) COMPROMISE AND SETOFF.—(1) The Sec- retary of Homeland Security may compromise the amount of a civil penalty imposed under subsection (a) of this section. (2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual liable for the penalty. (c) NONAPPLICATION.—This section does not apply to— (1) a law enforcement officer of a State or political subdivision of a State, or an officer Page 1553 TITLE 49—TRANSPORTATION § 46304 or employee of the Government, authorized to carry arms in an official capacity; or (2) another individual the Administrator of the Federal Aviation Administration or the Secretary of Homeland Security by regulation authorizes to carry arms in an official capac- ity. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 107–71, title I, § 140(d)(5), Nov. 19, 2001, 115 Stat. 642; Pub. L. 108–458, title IV, § 4027(c), Dec. 17, 2004, 118 Stat. 3727.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 46303(a) ...... 49 App.:1471(d) (words after 3d comma). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 901(d); added Oct. 12, 1984, Pub. L. 98–473, § 2014(a)(1), 98 Stat. 2189. 46303(b) ...... 49 App.:1471(a)(2) (related to 1471(d)). Aug. 23, 1958, Pub. L. 85–726, § 901(a)(2) (related to § 901(d)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, § 35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, § 2014(b), 98 Stat. 2189. 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 46303(c) ...... 49 App.:1471(d) (words before 3d comma). In subsection (a), the words ‘‘deadly or’’ and ‘‘which shall be recoverable in a civil action brought in the name of the United States’’ are omitted as surplus. In subsection (b)(1), the words ‘‘imposed under’’ are substituted for ‘‘provided for in’’ for consistency. In subsection (b)(2), the words ‘‘imposed or com- promised’’ are substituted for ‘‘The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise’’ to eliminate unnecessary words. In subsection (c)(1), the words ‘‘State or political sub- division of a State’’ are substituted for ‘‘municipal or State government’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘or required’’ are omitted as surplus. Editorial Notes AMENDMENTS 2004—Subsec. (b)(1). Pub. L. 108–458, § 4027(c)(1), sub- stituted ‘‘Secretary of Homeland Security’’ for ‘‘Sec- retary of Transportation’’. Subsec. (c)(2). Pub. L. 108–458, § 4027(c)(2), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Under Sec- retary of Transportation for Security’’. 2001—Subsec. (c)(2). Pub. L. 107–71 inserted ‘‘or the Under Secretary of Transportation for Security’’ after ‘‘Federal Aviation Administration’’. § 46304. Liens on aircraft (a) AIRCRAFT SUBJECT TO LIENS.—When an air- craft is involved in a violation referred to in sec- tion 46301(a)(1)(A)–(C) of this title and the viola- tion is by the owner of, or individual com- manding, the aircraft, the aircraft is subject to a lien for the civil penalty. (b) SEIZURE.—An aircraft subject to a lien under this section may be seized summarily and placed in the custody of a person authorized to take custody of it under regulations of the Sec- retary of Transportation (or the Administrator of the Federal Aviation Administration with re- spect to aviation safety duties and powers des- ignated to be carried out by the Administrator of the Federal Aviation Administration). A re- port on the seizure shall be submitted to the At- torney General. The Attorney General promptly shall bring a civil action in rem to enforce the lien or notify the Secretary or Administrator that the action will not be brought. (c) RELEASE.—An aircraft seized under sub- section (b) of this section shall be released from custody when— (1) the civil penalty is paid; (2) a compromise amount agreed on is paid; (3) the aircraft is seized under a civil action in rem to enforce the lien; (4) the Attorney General gives notice that a civil action will not be brought under sub- section (b) of this section; or (5) a bond (in an amount and with a surety the Secretary or Administrator prescribes), conditioned on payment of the penalty or compromise, is deposited with the Secretary or Administrator. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 108–176, title V, § 503(d)(2), Dec. 12, 2003, 117 Stat. 2559; Pub. L. 115–254, div. K, title I, § 1991(g)(2), Oct. 5, 2018, 132 Stat. 3644.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 46304(a) ...... 49 App.:1471(b). Aug. 23, 1958, Pub. L. 85–726, §§ 901(b), 903(b)(2), (3), 72 Stat. 784, 786. 46304(b) ...... 49 App.:1473(b)(2). 49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 46304(c) ...... 49 App.:1473(b)(3). 49 App.:1551(b)(1)(E). 49 App.:1655(c)(1). In this section, the word ‘‘civil’’ is added before ‘‘pen- alty’’ for consistency in the revised title and with other titles of the United States Code. In subsections (b) and (c), the word ‘‘Administrator’’ in section 902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 786) is retained on authority of 49:106(g). The words ‘‘Attorney General’’ are substituted for ‘‘United States attorney for the ju- dicial district in which the seizure is made’’ and ‘‘United States attorney’’ because of 28:503 and 509. In subsection (b), the words ‘‘report on the seizure’’ are substituted for ‘‘report of the cause’’ for clarity. The words ‘‘bring a civil action in rem’’ are substituted for ‘‘institute proceedings’’ for clarity and consistency in the revised title and with other titles of the Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words ‘‘that the action will not be brought’’ are substituted for ‘‘of his failure to so act’’ for clarity. In subsection (c)(3), the words ‘‘under a civil action in rem’’ are substituted for ‘‘in pursuance of process of any court in proceedings in rem’’ to eliminate unneces- sary words and for consistency. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–254 substituted ‘‘or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers des- ignated to be carried out by the Administrator of the