II 

111TH CONGRESS 

2D SESSION S. 3366 

To prohibit individuals from carrying firearms in certain airport buildings 

and airfields, and for other purposes. 

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 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 ‘‘Firearm-Free Airport 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Commercial airports are critical to the econ9 omy and economic competitiveness of the United 

10 States. 


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1 (2) Commercial airports and commercial air2 craft are essential elements of interstate commerce 

3 and the Supreme Court has recognized the authority 

4 of Congress over all matters with a close and sub5 stantial relation to interstate commerce. 

6 (3) In 2007, commercial aviation contributed 

7 $266,500,000,000, or 2 percent, to the gross domes8 tic product of the United States, employed, directly 

9 and indirectly, 10,881,000 people, and had a total 

10 economic impact of $1,224,800,000,000. 

11 (4) Commercial aviation is a vital channel of 

12 interstate commerce and it is necessary that people 

13 and goods be able to move through such a channel 

14 safely. 

15 (5) Individuals and terrorist organizations use 

16 commercial airports and commercial aircraft for pre17 meditated, politically motivated violence perpetrated 

18 against noncombatant targets. 

19 (6) The terrorist attacks of September 11, 

20 2001, in which terrorists used 4 commercial aircraft 

21 to cause the deaths of 2,976 people, had a severe ad22 verse impact on airlines in the United States, re23 sulted in $40,000,000,000 in property and casualty 

24 claims, resulted in 18,000 businesses being disVerDate Mar 15 2010 03:44 May 14, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3366.IS S3366

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1 located, disrupted, or destroyed, and displaced near2 ly 130,000 employees. 

3 (7) Firearms in airports would have an adverse 

4 impact on the economy of the United States. 

5 (8) Firearms are prohibited in the sterile area 

6 of airports. 

7 (9) Congress has the power, under clause 3 of 

8 section 8 of article I of the Constitution of the 

9 United States (commonly referred to as the ‘‘Com10 merce Clause’’) and other provisions of the Constitu11 tion, to enact measures to ensure the safety and eco12 nomic well-being of commercial airports in the 

13 United States. 

14 (10) It is important for Congress to regulate 

15 the possession of firearms in commercial airport fa16 cilities to facilitate commercial aviation traffic safe17 ty, to protect the safety of passengers and goods fly18 ing on commercial aircraft, and to preserve the eco19 nomic stability of the commercial aviation industry. 

20 SEC. 3. PROHIBITION ON POSSESSION OF FIREARMS IN 

21 CERTAIN AIRPORT BUILDINGS AND AIR22 FIELDS. 

23 (a) IN GENERAL.—Chapter 463 of title 49, United 

24 States Code, is amended by inserting after section 46303 

25 the following: 


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1 ‘‘§ 46303A. Prohibition on possession of firearms in 

2 certain airport buildings and airfields 

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

4 (b), it shall be unlawful for an individual to possess a fire5 arm at a commercial airport in any area in a terminal 

6 building, in any area adjacent to the sterile area, in an 

7 airfield, or in any building that opens on to an airfield. 

8 ‘‘(b) EXCEPTIONS.—The prohibition in subsection (a) 

9 shall not apply with respect to the following: 

10 ‘‘(1) Individuals authorized to carry firearms 

11 under section 1540.111(b) of title 49, Code of Fed12 eral Regulations (or any corresponding similar regu13 lation or ruling). 

14 ‘‘(2) Members of the Armed Forces serving on 

15 active duty. 

16 ‘‘(3) Individuals who bring firearms into an air17 port building solely to check the firearms in checked 

18 baggage in accordance with section 1540.111(c) of 

19 title 49, Code of Federal Regulations (or any cor20 responding similar regulation or ruling). 

21 ‘‘(c) PENALTY.—An individual who violates the pro22 hibition in subsection (a) shall be imprisoned for not more 

23 than 10 years, fined under title 18, or both. 

24 ‘‘(d) DEFINITIONS.—In this section: 

25 ‘‘(1) COMMERCIAL AIRPORT.—The term ‘com26 mercial airport’ means an airport that holds an airVerDate Mar 15 2010 03:44 May 14, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3366.IS S3366

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1 port operating certificate under part 139 of title 14, 

2 Code of Federal Regulations (or any corresponding 

3 similar regulation or ruling). 

4 ‘‘(2) FIREARM.—The term ‘firearm’ has the 

5 meaning given that term in section 921 of title 18, 

6 United States Code. 

7 ‘‘(3) STERILE AREA.—The term ‘sterile area’ 

8 has the meaning given that term in section 1540.5 

9 of title 49, Code of Federal Regulations (or any cor10 responding similar regulation or ruling).’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 463 of title 49, United States Code, is amend13 ed by inserting after the item relating to section 46303 

14 the following: 

‘‘46303A. Prohibition on possession of firearms in certain airport buildings and 

airfields.’’. 

15 SEC. 4. SIGNS WARNING OF PROHIBITION ON POSSESSION 

16 OF FIREARMS IN AIRPORT TERMINAL BUILD17 INGS. 

18 The Secretary of Transportation shall ensure that 

19 signs are posted in airport terminal buildings to warn pas20 sengers of the prohibition on the possession of firearms 

21 in airport terminal buildings and other areas under section 

22 46303A of title 49, United States Code, as added by sec23 tion 3. 

Æ 


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