Question regarding checking firearms in as baggage

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Houston1944
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Location: Houston, TX

Post by Houston1944 »

I believe the key word here is "secured area". The baggage check area is not a "secured area". Once the firearm is check in it is under the control of the airline and you no longer "possess" it.
Rallyman
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Post by Rallyman »

Houston1944 wrote:I believe the key word here is "secured area". The baggage check area is not a "secured area". Once the firearm is check in it is under the control of the airline and you no longer "possess" it.
+1
txinvestigator
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Re: Question regarding checking firearms in as baggage

Post by txinvestigator »

Russell wrote:Under PC 46.03, subsection a5:
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.
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.

This seems a little absurd, so I have to be missing something...right?
Actually you are correct.
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kauboy
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Re: Question regarding checking firearms in as baggage

Post by kauboy »

txinvestigator wrote: Actually you are correct.
So how are we supposed to travel with a firearm without breaking the law? Sure they may never press charges, but they could. :???:
"People should not be afraid of their Governments.
Governments should be afraid of their people." - V
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jimlongley
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Post by jimlongley »

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
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