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+1Houston1944 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.
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?
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.
