Anyone know the laws concerning carrying pistols in a private plane?

This is a discussion on Anyone know the laws concerning carrying pistols in a private plane? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by rstickle Interesting, I wonder how VA let them get away with that? I knew there were a couple "strange" places like that ...

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Thread: Anyone know the laws concerning carrying pistols in a private plane?

  1. #16
    VIP Member
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    Quote Originally Posted by rstickle View Post


    Interesting, I wonder how VA let them get away with that? I knew there were a couple "strange" places like that , but thought they were all in southern MD/VA!
    My guess (and it's only a guess) is that it is landfill and somehow the original shore line is still recognized.

    OTOH. the lines are too straight for that to be likely.
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  3. #17
    Senior Member Array swinokur's Avatar
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    Quote Originally Posted by DaveH View Post
    My guess (and it's only a guess) is that it is landfill and somehow the original shore line is still recognized.

    OTOH. the lines are too straight for that to be likely.
    Columbia Island north of the airport is the same way you think you're in VA, but you're actually in DC. Since NPS carry was made legal, I stop before going onto this strip of land going either direction and unholster, and unload and lock in my pistol case. bad if you get caught.

    Look here

    The LBJ Memorial Grove and the Marina and the entire Island are in DC-be careful

  4. #18
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    Quote Originally Posted by swinokur View Post
    Columbia Island north of the airport is the same way you think you're in VA, but you're actually in DC. Since NPS carry was made legal, I stop before going onto this strip of land going either direction and unholster, and unload and lock in my pistol case. bad if you get caught.
    Absolutely!

    I've posted that gun-trap here on DC a number of times.

    BTW -- unload and lock in your pistol case will get you crosswise w/ Washington DC.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  5. #19
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    Quote Originally Posted by swinokur View Post
    Exactly
    § CFR 135.119 Prohibition against carriage of weapons.

    "No person may, while on board an aircraft being operated by a certificate holder, carry on or about that person a deadly or dangerous weapon, either concealed or unconcealed. This section does not apply to—

    (a) Officials or employees of a municipality or a State, or of the United States, who are authorized to carry arms; or

    (b) Crewmembers and other persons authorized by the certificate holder to carry arms."




    F.A.R 135 is only applicable to on demand or other air carrier operations and as long as you are not "operating" the aircraft for hire you are not operating under part 135. The F.A.R that you want is part 91. Piolts are certified under part 61 and private piolts "operate" under part 91.

    http://ecfr.gpoaccess.gov/cgi/t/text...1.3.10&idno=14

  6. #20
    Senior Member Array swinokur's Avatar
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    Quote Originally Posted by yellow7rr View Post
    § CFR 135.119 Prohibition against carriage of weapons.

    "No person may, while on board an aircraft being operated by a certificate holder, carry on or about that person a deadly or dangerous weapon, either concealed or unconcealed. This section does not apply to—

    (a) Officials or employees of a municipality or a State, or of the United States, who are authorized to carry arms; or

    (b) Crewmembers and other persons authorized by the certificate holder to carry arms."




    F.A.R 135 is only applicable to on demand or other air carrier operations and as long as you are not "operating" the aircraft for hire you are not operating under part 135. The F.A.R that you want is part 91. Piolts are certified under part 61 and private piolts "operate" under part 91.

    Electronic Code of Federal Regulations:
    I am aware of that. it was noted in a previous post that you may carry in a private aircraft being operated under part 91. This was added to give the entire picture.

  7. #21
    Member Array yellow7rr's Avatar
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    Quote Originally Posted by swinokur View Post
    I am aware of that. it was noted in a previous post that you may carry in a private aircraft being operated under part 91. This was added to give the entire picture.
    Now I am confused. What is the entire picture?

  8. #22
    Senior Member Array swinokur's Avatar
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    Quote Originally Posted by yellow7rr View Post
    Now I am confused. What is the entire picture?
    Well the question was flying in a private plane. Part 135 was just mentioned so the entire topic was covered. Some people may think a private plane is not "commercial" like a scheduled airline, but in fact could be "for hire"

    Sometimes a part 135 aircraft "looks" like a private plane.

    That was it.

  9. #23
    Member Array yellow7rr's Avatar
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    Oh.......I see it now. Yes that is a very good point.

  10. #24
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    Quote Originally Posted by DaveH View Post
    Absolutely!

    I've posted that gun-trap here on DC a number of times.

    BTW -- unload and lock in your pistol case will get you crosswise w/ Washington DC.
    This needs to become a separate thread. That is a big deal, that covers a decent stretch of the George Washington Parkway that 99.99% of people (including me until a minute ago) believe to be in Virginia, not DC. This is something that should be "fixed" by congressional legislation (not the boundary, but that the "virginia" portion of DC should be subject to Virginia gun laws, not DC gun laws).

    Who patrols that section of the road anyway? If an Arlington County LEO pulls me over there, can I claim he has no jurisdiction b/c it's DC?

    (Not that I would try this but just for a hypothetical...)

    DaveH: do you have a list of the other guntraps in Virginia?
    pro-CZ's, pro-AR's, anti-CZAR's

  11. #25
    Senior Member Array swinokur's Avatar
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    Quote Originally Posted by cz2075bd View Post
    This needs to become a separate thread. That is a big deal, that covers a decent stretch of the George Washington Parkway that 99.99% of people (including me until a minute ago) believe to be in Virginia, not DC. This is something that should be "fixed" by congressional legislation (not the boundary, but that the "virginia" portion of DC should be subject to Virginia gun laws, not DC gun laws).

    Who patrols that section of the road anyway? If an Arlington County LEO pulls me over there, can I claim he has no jurisdiction b/c it's DC?

    (Not that I would try this but just for a hypothetical...)

    DaveH: do you have a list of the other guntraps in Virginia?
    The GW PW is the jurisdiction of the U.S. Park Police.. It is Federal property and DC law applies there as per the new NPS regs. I will post of map I made of the afore mentioned portion when i get to my other PC at home. Arlington Co. has no jurisdiction of the portion of the PW AFAIK

  12. #26
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    Quote Originally Posted by cz2075bd View Post
    DaveH: do you have a list of the other guntraps in Virginia?
    No.

    Most are like these where the assumed State border is not where you might think it is.

    Off the top of my head most others are where poorly marked boundaries and otherwise un-posted -- such as NPS land (CC & OC is OK) abuts NFS land (concealed carry w/CHP legal but open carry prohibited); Army Corps of Engineers boundaries extend into waterways; Veterans Administration owned cemeteries located in NPS Parks or Historical sites; State Parks (concealed carry w/CHP legal but open carry prohibited) abutting local parks or other property; School property abutting local park/property; places that have kindergarten as well a preschool (esp. churches); the 1000 foot school zone bubble if you don't have a CHP issued by Virginia (reciprocity doesn't cut it); Virginia Commonwealth University property is poorly posted; General Assembly property (open or concealed carry OK for CHP holders only); etc.
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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  13. #27
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    Hey, thanks for all the info everyone! I lost the thread in the pile after posting it, lol.
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  14. #28
    Senior Member Array swinokur's Avatar
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    Here is a map I made showing he exact borders of Columbia Island north of National Airport. The GW Parkway is NPS property and as such the law of the jurisdiction the property is in applies. Columbia Island IS IN DC !!!. The distance that the PW covers is about 1 mile in length. If you are caught in DC transporting a weapon in any manner other than that allowed by FOPA, you've committed a felony. It is not worth it IMO to gamble with even a mile of DC property.

    Heck, DC would probably arrest you even if you comply with FOPA carry.

    if you guys think a new thread is a good ida, let me know

    map below:
    Attached Images

  15. #29
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    NJ even has an exemption for carrying aboard a private plane.

    (4)A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signaling device approved by the United States Coast Guard.

    You'll just need to transport accordingly when you land.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
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  16. #30
    Senior Member Array Rob P.'s Avatar
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    One other "gun trap" is a shoreline. I don't remember what shoreline exactly but the gist of it is that the shoreline and some few ft back from it in a particular Va park is actually in DC. Something to do with the flood stage high water mark being the boundary and nothing to do with actual location being across the dividing river.

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