II 111th CONGRESS 2d Session S. 3366 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.
1.
Short title
This Act may be cited as the Firearm-Free Airport Act.
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.
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:
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. .
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.