Question regarding checking firearms in as baggage
Moderators: carlson1, Charles L. Cotton
-
- Senior Member
- Posts: 362
- Joined: Thu Mar 30, 2006 1:37 pm
- Location: Houston, TX
-
- Senior Member
- Posts: 4331
- Joined: Wed May 04, 2005 6:40 pm
- Location: DFW area
- Contact:
Re: Question regarding checking firearms in as baggage
Actually you are correct.Russell wrote:Under PC 46.03, subsection a5:
Notice the wording "defense to prosection." If I understand correctly, this is not an affirmative defense to prosection, which means that even if you check your firearms as baggage in 100% accordance with the law you can still be charged with a crime and the case be brought before a grand jury.PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly possesses
or goes with a firearm, illegal knife, club, or prohibited weapon
listed in Section 46.05(a):
(5) in or into a secured area of an airport.
and:
(e) It is a defense to prosecution under Subsection (a)(5) that the
actor checked all firearms as baggage in accordance with federal or
state law or regulations before entering a secured area.
This seems a little absurd, so I have to be missing something...right?
*CHL Instructor*
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
-
- Senior Member
- Posts: 846
- Joined: Tue Aug 08, 2006 4:15 pm
- Location: Burleson, Lone Star State (of course)
Re: Question regarding checking firearms in as baggage
So how are we supposed to travel with a firearm without breaking the law? Sure they may never press charges, but they could.txinvestigator wrote: Actually you are correct.

"People should not be afraid of their Governments.
Governments should be afraid of their people." - V
Governments should be afraid of their people." - V
- jimlongley
- Senior Member
- Posts: 6134
- Joined: Wed Jan 12, 2005 1:31 pm
- Location: Allen, TX
If the firearm is in a checked bag, and in the secured area, then you had better have a real good reason to be there with it. Actually, once the airline puts the bag on the belt and it passes into the secured area, you are no longer in possession of it, rendering the language in that section of the law somewhat moot.
Real gun control, carrying 24/7/365