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Gregoi7 G. Skordas (#3865) 

SKORBAS, CASTON & HYDE, LLC 

341 So. Main Street, Suite 303 

Salt Lake City, 1X1:84111 

Telephone: (SOl) :'i31-7444 

Facsimile: (801) :J:H-88S5 

Attorney for DcJendant 

i ii" PARTMENI OF 

iPANSFORIATION 

jCCKETCPrRATiONS 

mi M2 3 P h ti^ 

UINITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C, 

In the Matter of: 

Joseph Moesser 

-AJVSWER 

FAA DOCKET CP Unassigned 

FAA Case No. 2010NM720001 

Judge 

The Resportdeat, Joseph Moesser, by and tlirough his attorney, Gregory G. Skordas, 

hereby files its Answer and states as follows: 

1. 

On NoveniV'cr 15, 2011, Respondent, Joseph Moesser, was advised througli a Final 

Notice of Proposed. Civil Penalty that the Federal Aviation Administration (FAA) proposed to 

assess a civil penally in the amount of 5162,500. On November 25, 2011, Joseph Moesser, 

submitted a written request for a hearing. 

U. 

On Augasi 16, 2011, Respondent was advised thiough a Notice of Proposed Civil Penally 

that the Federal Aviation Adminislration (FAA) proposed to assess a civil penalty in the amount 
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of$162,500. 

Respondent answers to the allegations in the Complaint as follows: 

1. Admit. 

2. Admit 

3. Admit. 

4. Admit. 

5. Admit. 

6. Admit. 

7. Admit 

8. Respondent has no personal knowledge of the facts alleged and neither admits or 

denies. 

9. Respondent has no personal knowledge of the facts alleged and neither admits or 

denies. 

10. Admit 

11. Respondent neither admits or denies the allegation in paragraph 11 as it calls for a 

legal conclusion. 

12. Respondent neither admits or denies the allegation in paragraph 12 as it calls for a 

legal conclusion. Respondent neither admits or denies. 

13. Respondent neither admits or denies the allegation in paragraph 13 as it calls for a 

legal coi:iclusion. Respondent admits he did not include shipping papers. 

14. Respondent neither admits or denies the allegation m paragraph 14 as it calls for a 
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legal conclnsion. 

15. Respondent admits that he did not include shipping papers. 

in. 

1. Respondent denies the allegation in pai'agraph 1 (a tlirough j.) 

2. Respondent neither admits or denies the allegation in paragraph 2 as it calls for a legal 

conclusion. 

3. Under the facts and circumstances of this case, a civil penalty of SI 62,500 is 

excessive. 

AFFIRMATIVE DEFENSES 

Respondent asserts ihe following affinnative defenses: 

I. 

1. Hodgdon Triple Seven Pellets are smokeless powder for small anns commonly used by 

sportsmen hunting with muzzle-loading rifles. 

2. CC\209M Shotshell primers are commonly used by sportsmen hunting with muzzleloading rifles. 

3. Respondent offered as checked baggage two bo.xes of 25-coLint Winchester XX12 gauge 

shotgun she:lls, 40 of which had been expended and refdled. Of the 40 shells, 38 

contained IHodgdon Triple Seven Pellets and 2 contamed CCI209M Shotshell primers. 

4. The two bo.;tes of 25-count Winchester XX12 shotgun shells were secured in a locked, 

mela] cai;e i.Iesigned for storage and transportation of ammunition. 
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5. Respondenl is a nationally recognized sportsman who planned to use a muzzle-loading 

riilc on saU-ii and the smokeless powder and prijners were ammnmtion for that rifle. 

n. 

1. 49 C.F.R. (;• 175.10(a)(8) exempts "small aims amn:iLmilion'" from all of the requirenienls 

ofsubchapt.-;rC(i.e. 49C.F.R. § 171-185). 

2. Smokeless -powder for small arms and primers is "ammunition for small aims'' and is 

permitted U:- be possessed at airports m checked baggage, and placed on passenger aircraft 

in checked baggage if it is securely packed in a box or other packaging designed to carry 

small amounts of anununition. 

3. The term "small arms amnnuiition for personal use" in 49 C.F.R. § 175.10(a)(8) should 

be construed in pari materia \\\X\y 27 C.F.R. § 555.11. 

4. Tlie Federal Aviation Administration's interpretation of regidations governing possession 

at airports in checked baggage of small arms ammunition for personal use does not 

provide fair notice of the conduct prohibited in violation of the Due Process Clause of the 

United Stat.^s Constitution. 

5. The Fede:ral Aviation Administration's request for civil penalty in the amount of ' '. 

$162,500 is excessive and unwarranted under the circumstances. ... 
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DATED this fZl day of January, 2012. 

SKORDAS, CASTON & .HYDE, LLC 

CERTIFICATE OF SERVICE 

I hereby certify that on the f? ^ day of January, 2012,1 mailed a tme and correct copy 

of the foregoing >i.NSWER, via facsimile and by United States first class mail, postage pre-paid, 

to the following: 

Federal Aviation Administration (Original & one copy) 

800 li>dependence Ave. SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wiight Building - Suite 2WI000 

Facsimile 202.493.5142 

Jeffiey M Harper 

FAA Officii of Regional Counsel 

1601 Lind Ave., SW 

Reiiton, WA 9S057 

Facsimile: 425.227.1007 

aston & Hyde, LLC