Tag Archives: “marked luggage”

Does Delta Airlines New Policy to Zip Tie Luggage Containing Firearms Violate Federal Law?

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Guns.com is reporting that Delta Airlines has quietly changed its policy related to passengers who are flying with guns. According to the NBC Affiliate in Fort Lauderdale

The airline will now have special tags to alert ground handlers to not put bags carrying weapons on the general carousel.

The baggage will go directly to a baggage service agent who is required to perform an ID check on the passenger who picks up the luggage, sources told NBC 6. The agent must then use zip ties to secure the bag.

This policy was apparently implemented after the shooting that occurred in the Fort Lauderdale airport, after the criminal retrieved his luggage, went to the bathroom to load his firearm and then proceeded to murder five people and injure six others.

Interestingly enough, it appears that Delta may be in violation of federal law by implementing such a policy.

18 U.S.C. § 922(e) provides:

It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

(emphasis added).

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Tags that are usually put INSIDE the luggage to indicate the firearm is unloaded.

It would seem, at least based upon what NBC is reporting, that Delta’s policy is potentially in direct contravention with what is prohibited by federal law. Perhaps Delta was unaware of the prohibitions against marking luggage containing firearms before it implemented its policy.

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