Americans are increasingly managing to get through U.S. airport security with ammunition in their carry-on bags, leaving the Transportation Security Administration (TSA) at a loss. Despite stringent regulations and hefty penalties, the frequency of such incidents is alarming and poses significant security risks.
Travelers are allowed to transport unloaded firearms in checked baggage, provided they are in a locked, hard-sided container. The firearm and ammunition must be declared to the airline at the ticket counter. The container must be secure enough to prevent unauthorized access, and the original packaging may not always suffice. For any questions regarding TSA firearm regulations, travelers are encouraged to contact AskTSA or the TSA Contact Center.
When traveling with firearms, compliance with local, state, and international laws is crucial. For international travel, the U.S. Customs and Border Protection website provides necessary information and requirements. Each firearm must be declared every time it is presented for transport as checked baggage. Airlines may have their own limitations or fees, so it’s advisable to check with them beforehand.
Firearms must be unloaded and locked in a hard-sided container, transported as checked baggage only. According to 49 CFR 1540.5, a loaded firearm has a live round of ammunition in the chamber, cylinder, or magazine. For civil enforcement, the TSA considers a firearm loaded if both the firearm and ammunition are accessible to the passenger. For instance, if a firearm is in accessible baggage and ammunition is in the passenger’s pocket, the firearm is deemed loaded. Only the passenger should retain the key or combination to the lock unless TSA personnel request it for compliance checks. Any brand or type of lock, including TSA-recognized locks, can be used to secure the firearm case.
Bringing an unloaded firearm with accessible ammunition to the security checkpoint carries the same civil penalty as bringing a loaded firearm. Information on civil penalties can be found on the TSA Civil Enforcement page. Firearm parts, including magazines, clips, bolts, and firing pins, are prohibited in carry-on baggage but may be transported in checked baggage. Replica firearms, including toy replicas, are also restricted to checked baggage. However, rifle scopes are permitted in both carry-on and checked baggage.
The United States Code, Title 18, Part 1, Chapter 44, defines a firearm as any weapon designed to expel a projectile by explosive action, including starter guns, frames, receivers, silencers, and destructive devices. A loaded firearm, as per 49 CFR 1540.5, has a live round of ammunition in the chamber, cylinder, or magazine.
Ammunition is prohibited in carry-on baggage but may be transported in checked baggage. Firearm magazines and ammunition clips, whether loaded or empty, must be securely boxed or included within a hard-sided case containing an unloaded firearm. Small arms ammunition (up to .75 caliber and shotgun shells of any gauge) must be packaged in a fiber, wood, plastic, or metal box specifically designed for ammunition and declared to the airline. Ammunition can be transported in the same hard-sided, locked case as a firearm if packed correctly. Firearm magazines or clips cannot be used for packing ammunition unless they completely enclose it. Airlines may have quantity limits for ammunition, so it’s best to check with them.
Planning ahead and packing properly can ease the screening process and enhance the travel experience. Knowing what can be packed before arriving at the airport by checking the prohibited items list can prevent delays, fines, and even arrests. Passengers may transport unloaded firearms in checked baggage if they are in a locked, hard-sided container and declared to the airline. The TSA now considers frames, receivers, and 3D printed guns as firearms under its civil enforcement program. These items must be transported in accordance with TSA regulations in checked baggage. A firearm is considered loaded if both the firearm and its ammunition are accessible to the passenger. Local, state, and international governments may have additional rules on firearm possession or transportation, leading to both TSA civil enforcement and criminal enforcement actions.
Before leaving home, travelers should check their baggage to ensure they are not carrying any prohibited items to avoid possible arrest and/or civil penalties. The TSA may impose civil penalties of up to $14,950 per violation per person. Penalties for prohibited items violations and other TSA regulations are outlined in the TSA Enforcement Sanctions Guidance Policy. Repeat violations result in higher penalties.
Security violations for prohibited items discovered at checkpoints, sterile areas, or onboard aircraft include fines ranging from $390 to $14,950, depending on the item and whether it’s a repeat violation. Items such as flammable liquids, axes, knives, BB guns, explosives, fireworks, loaded firearms, and realistic replicas of explosives can lead to significant fines and criminal referrals.
In checked baggage, violations for prohibited items like flammable liquids, explosives, fireworks, and loaded firearms also carry hefty fines and potential criminal referrals. The TSA’s enforcement measures aim to ensure the safety and security of all travelers, but the increasing incidents of ammunition in carry-on bags highlight the need for continued vigilance and compliance with regulations.
Source: TSA, U.S. Customs and Border Protection
