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Thread: SB 1099 of 2018 - Clarify prohibition of weapons in a sterile area of an airport

  1. #1
    Administrator PhotoTom's Avatar
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    SB 1099 of 2018 - Clarify prohibition of weapons in a sterile area of an airport

    SB 1099 of 2018
    Aeronautics; airports; prohibition of weapons in a sterile area of an airport; clarify.
    Last Action: 9/5/2018 REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS

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  2. #2
    Administrator zigziggityzoo's Avatar
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    seems unnecessary, unless the federal reference changed. Even if it did, it would be taken to mean that which was originally referenced at the time the bill was turned into law.
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." --Benjamin Franklin
    “No state shall convert a liberty into a privilege, license it, and attach a fee to it.” --Murdock v. Pennsylvania
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  3. #3
    MGO Member Roundballer's Avatar
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    The Federal reference did change, see cfr/text/49/1540.5. The old reference seems to be all about unmaned aircraft.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  4. #4
    Sec. 80f. (1) An individual shall not possess, carry, or

    attempt to possess or carry any of the following in a sterile area

    of a commercial airport:

    (a) A FIREARM.

    (b) AN EXPLOSIVE.

    (c) A KNIFE with a blade of any length.

    (d) A RAZOR, box cutter, or item with a similar blade.

    (e) A DANGEROUS weapon.
    Sterile area means a portion of an airport defined in the airport security program that provides passengers access to boarding aircraft and to which the access generally is controlled by TSA, or by an aircraft operator under part 1544 of this chapter or a foreign air carrier under part 1546 of this chapter, through the screening of persons and property.
    If I understand this correctly, the sterile area does NOT include the lobby, ticketing area, luggage pickup area, or in some locations restaurant area, where access is NOT controlled by TSA, or by an aircraft operator under part 1544.

    Does this mean that a valid CPL holder may legally carry a concealed pistol in a Michigan commercial airport, outside such sterile area as defined in this paragraph?
    - Ray -

    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Attributed to Thomas Jefferson

  5. #5
    Administrator zigziggityzoo's Avatar
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    Quote Originally Posted by RayMich View Post
    If I understand this correctly, the sterile area does NOT include the lobby, ticketing area, luggage pickup area, or in some locations restaurant area, where access is NOT controlled by TSA, or by an aircraft operator under part 1544.

    Does this mean that a valid CPL holder may legally carry a concealed pistol in a Michigan commercial airport, outside such sterile area as defined in this paragraph?
    This is true now, and it would remain true after this bill becomes law, if it does.

    Open Carry, as well.
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." --Benjamin Franklin
    “No state shall convert a liberty into a privilege, license it, and attach a fee to it.” --Murdock v. Pennsylvania
    NOTHING IN THIS POST CONSTITUTES LEGAL ADVICE. Please consult an attorney for all legal matters.
    ALL of the posts I make are my own, and do not speak for MGO as a forum or as an organization.

  6. #6
    Quote Originally Posted by RayMich View Post
    If I understand this correctly, the sterile area does NOT include the lobby, ticketing area, luggage pickup area, or in some locations restaurant area, where access is NOT controlled by TSA, or by an aircraft operator under part 1544.

    Does this mean that a valid CPL holder may legally carry a concealed pistol in a Michigan commercial airport, outside such sterile area as defined in this paragraph?
    correct

  7. #7
    Quote Originally Posted by zigziggityzoo View Post
    This is true now, and it would remain true after this bill becomes law, if it does.

    Open Carry, as well.
    Quote Originally Posted by DP425 View Post
    correct
    Thank You!

    IIRC, SHYSTER was working on a case involving Carrying in the non-sterile areas at Detroit Metro Airport. Any success in his challenge to their policy?
    - Ray -

    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Attributed to Thomas Jefferson

  8. #8
    I can't post links yet! Forum User
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    Does anyone have any examples of cases in which a CPL holder was prosecuted for carrying in a "Sterile Area"?

  9. #9
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    Quote Originally Posted by RayMich View Post
    If I understand this correctly, the sterile area does NOT include the lobby, ticketing area, luggage pickup area, or in some locations restaurant area, where access is NOT controlled by TSA, or by an aircraft operator under part 1544.

    Does this mean that a valid CPL holder may legally carry a concealed pistol in a Michigan commercial airport, outside such sterile area as defined in this paragraph?
    Rule of thumb: The sterile area is past the metal detectors. A large lobby with amenities could be in the sterile area.

  10. #10
    Quote Originally Posted by luckless View Post
    Rule of thumb: The sterile area is past the metal detectors. A large lobby with amenities could be in the sterile area.
    Very true. But that's not typically the case. however, one must always be aware of what areas are designated as "sterile" in any airport and act accordingly.
    - Ray -

    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Attributed to Thomas Jefferson

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