[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3366 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3366

   To prohibit individuals from carrying firearms in certain airport 
            buildings and airfields, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2010

Mr. Lautenberg introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To prohibit individuals from carrying firearms in certain airport 
            buildings and airfields, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Firearm-Free Airport Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Commercial airports are critical to the economy and 
        economic competitiveness of the United States.
            (2) Commercial airports and commercial aircraft are 
        essential elements of interstate commerce and the Supreme Court 
        has recognized the authority of Congress over all matters with 
        a close and substantial relation to interstate commerce.
            (3) In 2007, commercial aviation contributed 
        $266,500,000,000, or 2 percent, to the gross domestic product 
        of the United States, employed, directly and indirectly, 
        10,881,000 people, and had a total economic impact of 
        $1,224,800,000,000.
            (4) Commercial aviation is a vital channel of interstate 
        commerce and it is necessary that people and goods be able to 
        move through such a channel safely.
            (5) Individuals and terrorist organizations use commercial 
        airports and commercial aircraft for premeditated, politically 
        motivated violence perpetrated against noncombatant targets.
            (6) The terrorist attacks of September 11, 2001, in which 
        terrorists used 4 commercial aircraft to cause the deaths of 
        2,976 people, had a severe adverse impact on airlines in the 
        United States, resulted in $40,000,000,000 in property and 
        casualty claims, resulted in 18,000 businesses being 
        dislocated, disrupted, or destroyed, and displaced nearly 
        130,000 employees.
            (7) Firearms in airports would have an adverse impact on 
        the economy of the United States.
            (8) Firearms are prohibited in the sterile area of 
        airports.
            (9) Congress has the power, under clause 3 of section 8 of 
        article I of the Constitution of the United States (commonly 
        referred to as the ``Commerce Clause'') and other provisions of 
        the Constitution, to enact measures to ensure the safety and 
        economic well-being of commercial airports in the United 
        States.
            (10) It is important for Congress to regulate the 
        possession of firearms in commercial airport facilities to 
        facilitate commercial aviation traffic safety, to protect the 
        safety of passengers and goods flying on commercial aircraft, 
        and to preserve the economic stability of the commercial 
        aviation industry.

SEC. 3. PROHIBITION ON POSSESSION OF FIREARMS IN CERTAIN AIRPORT 
              BUILDINGS AND AIRFIELDS.

    (a) In General.--Chapter 463 of title 49, United States Code, is 
amended by inserting after section 46303 the following:
``Sec. 46303A. Prohibition on possession of firearms in certain airport 
              buildings and airfields
    ``(a) In General.--Except as provided in subsection (b), it shall 
be unlawful for an individual to possess a firearm at a commercial 
airport in any area in a terminal building, in any area adjacent to the 
sterile area, in an airfield, or in any building that opens on to an 
airfield.
    ``(b) Exceptions.--The prohibition in subsection (a) shall not 
apply with respect to the following:
            ``(1) Individuals authorized to carry firearms under 
        section 1540.111(b) of title 49, Code of Federal Regulations 
        (or any corresponding similar regulation or ruling).
            ``(2) Members of the Armed Forces serving on active duty.
            ``(3) Individuals who bring firearms into an airport 
        building solely to check the firearms in checked baggage in 
        accordance with section 1540.111(c) of title 49, Code of 
        Federal Regulations (or any corresponding similar regulation or 
        ruling).
    ``(c) Penalty.--An individual who violates the prohibition in 
subsection (a) shall be imprisoned for not more than 10 years, fined 
under title 18, or both.
    ``(d) Definitions.--In this section:
            ``(1) Commercial airport.--The term `commercial airport' 
        means an airport that holds an airport operating certificate 
        under part 139 of title 14, Code of Federal Regulations (or any 
        corresponding similar regulation or ruling).
            ``(2) Firearm.--The term `firearm' has the meaning given 
        that term in section 921 of title 18, United States Code.
            ``(3) Sterile area.--The term `sterile area' has the 
        meaning given that term in section 1540.5 of title 49, Code of 
        Federal Regulations (or any corresponding similar regulation or 
        ruling).''.
    (b) Clerical Amendment.--The table of sections for chapter 463 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 46303 the following:

``46303A. Prohibition on possession of firearms in certain airport 
                            buildings and airfields.''.

SEC. 4. SIGNS WARNING OF PROHIBITION ON POSSESSION OF FIREARMS IN 
              AIRPORT TERMINAL BUILDINGS.

    The Secretary of Transportation shall ensure that signs are posted 
in airport terminal buildings to warn passengers of the prohibition on 
the possession of firearms in airport terminal buildings and other 
areas under section 46303A of title 49, United States Code, as added by 
section 3.
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