I 

111TH CONGRESS 

2D SESSION H. R. 5321 

To prohibit certain individuals from possessing a firearm in an airport, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2010 

Mr. JOHNSON of Georgia (for himself, Mrs. MCCARTHY of New York, Mr. 

SCOTT of Georgia, and Mr. LEWIS of Georgia) introduced the following 

bill; which was referred to the Committee on Homeland Security, and in 

addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit certain individuals from possessing a firearm 

in an airport, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Airport Security Act 

5 of 2010’’. 


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1 SEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT 

2 AIRPORTS. 

3 (a) PROGRAM TO PROHIBIT POSSESSION.—Section 

4 44903 of title 49, United States Code, is amended by add5 ing at the end the following new subsection: 

6 ‘‘(m) PROGRAM TO PROHIBIT POSSESSION OF FIRE7 ARMS AT AIRPORTS.— 

8 ‘‘(1) ESTABLISHMENT.—The Assistant Sec9 retary of Homeland Security (Transportation Secu10 rity Administration) shall establish and carry out a 

11 program to prohibit, except as provided in para12 graph (3), any individual from possessing a firearm 

13 at a covered airport, including any individual who 

14 enters the airport, or who exits public transportation 

15 at the airport, for the following purposes: 

16 ‘‘(A) Air travel. 

17 ‘‘(B) Meeting another individual. 

18 ‘‘(C) Picking up cargo. 

19 ‘‘(D) Employment at the airport. 

20 ‘‘(2) REQUIREMENTS FOR AIRPORT OPERA21 TORS.—In carrying out the program established 

22 under paragraph (1), the Assistant Secretary shall 

23 require each airport operator to— 

24 ‘‘(A) conspicuously display notices summa25 rizing the program— 


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1 ‘‘(i) at each entrance to the airport; 

2 and 

3 ‘‘(ii) in such form, and containing 

4 such information, as the Assistant Sec5 retary shall by regulation prescribe; and 

6 ‘‘(B) require law enforcement personnel 

7 to— 

8 ‘‘(i) monitor the airport to prevent 

9 violations of paragraph (1); and 

10 ‘‘(ii) escort any individual described in 

11 paragraph (3)(B)(ii) who is discovered by 

12 such personnel to be in possession of a 

13 firearm referred to in paragraph (3)(B)(i), 

14 to ensure that such individual continues to 

15 be excepted from paragraph (1) by reason 

16 of paragraph (3)(B). 

17 ‘‘(3) EXCEPTIONS.—The following individuals 

18 shall not be prohibited by paragraph (1) from pos19 sessing a firearm under such paragraph: 

20 ‘‘(A) INDIVIDUALS AUTHORIZED TO CARRY

21 A FIREARM.—An individual who, by regulation, 

22 is authorized by the Administrator of the Fed23 eral Aviation Administration or the Assistant 

24 Secretary to carry a firearm at the covered air25 port. 


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1 ‘‘(B) TRAVELERS.—An individual who pos2 sesses a firearm, if— 

3 ‘‘(i) the firearm is unloaded, carried 

4 in a hard-sided container that is locked, 

5 and the key or combination to the lock is 

6 in the exclusive possession of the indi7 vidual; and 

8 ‘‘(ii) the individual— 

9 ‘‘(I) is carrying a ticket in the 

10 name of the individual for a flight 

11 that is scheduled for departure from 

12 the covered airport within 24 hours or 

13 that has arrived at the airport within 

14 the preceding 24 hours; or 

15 ‘‘(II) communicates the intention 

16 to obtain a ticket for departure re17 ferred to in subclause (I) at the cov18 ered airport and obtains and carries 

19 such ticket or does not obtain such 

20 ticket for a compelling reason. 

21 ‘‘(C) INDIVIDUALS SHIPPING FIREARMS.— 

22 An individual who possesses a firearm in a ca23 pacity relating to the shipment of the firearm 

24 in air commerce and who, by regulation, is au25 thorized by the Administrator of the Federal 


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1 Aviation Administration or the Assistant Sec2 retary to possess the firearm at the covered air3 port in such capacity. 

4 ‘‘(D) LAW ENFORCEMENT OFFICERS.—An 

5 on-duty law enforcement officer of a State or 

6 political subdivision of a State, or an officer or 

7 employee of the Federal Government, who is 

8 authorized to carry a firearm. 

9 ‘‘(E) CERTAIN INDIVIDUALS ON PUBLIC

10 TRANSPORTATION.—An individual passing 

11 through an airport on public transportation. 

12 ‘‘(F) ADDITIONAL AUTHORIZED INDIVID13 UALS.—An individual who is otherwise author14 ized by the Administrator of the Federal Avia15 tion Administration or the Assistant Secretary 

16 to possess a firearm at a covered airport. 

17 ‘‘(4) ISSUANCE OF REGULATIONS.—Not later 

18 than one year after the date of enactment of this 

19 Act, the Assistant Secretary of Homeland Security 

20 (Transportation Security Administration) shall issue 

21 regulations to carry out this subsection. 

22 ‘‘(5) DEFINITIONS.—In this subsection: 

23 ‘‘(A) AIRPORT.—The term ‘airport’ means 

24 an airport and any appurtenant building or 

25 area that is related to the operation of the airVerDate Mar 15 2010 05:31 May 19, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5321.IH H5321

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1 port, including a building or area on the site of 

2 the airport designed to— 

3 ‘‘(i) receive passengers or cargo before 

4 or after a flight; or 

5 ‘‘(ii) facilitate arrival at or departure 

6 from the airport, including— 

7 ‘‘(I) a road or section of road 

8 used primarily for arrival at or depar9 ture from the airport; 

10 ‘‘(II) an airport parking area; 

11 and 

12 ‘‘(III) a public transportation 

13 stop. 

14 ‘‘(B) AIRPORT OPERATOR.—The term ‘air15 port operator’ means the operator of a covered 

16 airport. 

17 ‘‘(C) ASSISTANT SECRETARY.—The term 

18 ‘Assistant Secretary’ means the Assistant Sec19 retary of Homeland Security (Transportation 

20 Security Administration). 

21 ‘‘(D) COVERED AIRPORT.—The term ‘cov22 ered airport’ means an airport that in the pre23 ceding fiscal year received an amount allocated 

24 or apportioned under chapter 471. 


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1 ‘‘(E) FIREARM.—The term ‘firearm’ has 

2 the meaning given the term in section 921(a)(3) 

3 of title 18. 

4 ‘‘(F) PUBLIC TRANSPORTATION.—The 

5 term ‘public transportation’ means a convey6 ance that provides regular and continuing gen7 eral or special transportation to the public.’’. 

8 (b) CRIMINAL PENALTY FOR POSSESSION.— 

9 (1) IN GENERAL.—Chapter 44 of title 18, 

10 United States Code, is amended by adding at the 

11 end the following new section: 

12 ‘‘§ 932. Possession of firearms at airports 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (b), an individual who knowingly possesses a firearm at 

15 a covered airport shall be fined under this title, imprisoned 

16 not more than 10 years, or both. 

17 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

18 an individual described in section 44903(m)(3) of title 49. 

19 ‘‘(c) DEFINITION OF COVERED AIRPORT.—In this 

20 section, the term ‘covered airport’ has the meaning given 

21 the term in section 44903(m)(5)(D) of title 49.’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall take effect on the date that 

24 is 30 days after the date on which the Assistant Sec25 retary of Homeland Security (Transportation SecuVerDate Mar 15 2010 05:31 May 19, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5321.IH H5321

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1 rity Administration) has issued regulations pursuant 

2 to section 44903(m)(4) of title 49, United States 

3 Code (as added by subsection (a)). 

4 (3) CONFORMING AMENDMENT.—The table of 

5 sections for chapter 44 of title 18, United States 

6 Code, is amended by adding at the end the following 

7 new item: 

‘‘932. Possession of firearms at airports.’’. 

Æ 


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