The following Federal agencies may be armed during flight -whether on official business or not.
-Bureau of Printing and Engraving
-Coast Guard
-Customs
-Defense Nuclear Agency
-Dept of Agriculture (Poultry Inspectors, etc)
-Dept of Commerce
-Dept of Education
-Dept of Health and Human Services
-Dept of Labor
-Dept of State
-Dept of the Air Force/Army/Navy
-Dept of the Interior
-FBI
-General Services Administration
-Postal Service
-Secret Service
-Bureau of Alcohol, Tobacco and Firearms
-FAA
-IRS
-Dept of Transportation
-CIA
-DOD
-Dept of Energy
-Dept of Housing and Urban Development
-Dept of State
-Dept of the Treasury
-National Security Agency
-DEA
-Federal Prison System
-Federal Protective Service
-Marshals Service
-Smithsonian Institution
Federal Aviation
Administration
October 5, 2001
Law Enforcement Executive
Dear Colleague:
This letter provides information that may be useful to you and those agents or officers
of your agency or department who travel armed as ticketed passengers on commercial
aircraft. As a result of the tragic events of September 11, many long-standing policies,
procedures and standard practices must be changed. The Federal Aviation
Administration (FAA) has worked with the aviation industry and the U.S. law
enforcement community to revise regulations and guidance governing law enforcement
officers (LEO) traveling armed.
The changes to the FAA regulation (14 Code Federal Regulations (CFR) part 108)
governing LEOs flying armed were published on July 17, 2001, and become effective
November 14, 2001 (see Federal Register, Vol. 66, page 37330). While the rule is not
yet effective, it reflects the FAA's policy. One of the many changes is a requirement
that all LEOs who have a need to fly armed complete the FAA training "Law
Enforcement Officers Flying Armed" prior to traveling armed on board commercial
aircraft. We understand that most or all Federal LEOs who fly armed have had this
training. LEOs who have had the current training may continue to fly until agencies
have had the opportunity to provide updated training. Changes to the training package
are underway and will be distributed soon. The events of September 11 have altered
how we look at terrorist activity and have resulted in far-reaching and immediate
changes.
The enclosed pages provide information that may be helpful for an immediate update
on the subject of LEOs flying armed. The first enclosure is a basic statement as to
FAA's policy regarding LEOs traveling armed. It highlights changes that allow Federal
agents to travel armed under their agencywide directive. It also reflects other regulatory changes (new section 108.219) and provides information that the FAA considers necessary for each law enforcement agency and its officers who fly armed.
The second enclosure is a copy of 14 CFR 108.219, Carriage of accessible weapons, the
section of the regulations that will govern such travel.
Please pass on the information contained in this letter to each and every LEO or agent
under your employ who has a need to fly armed.
Sincerely
Michael A Canavan
Associate Administrator for Civil Aviation
Security
Enclosures
INFORMATION FROM THE FEDERAL AVIATION ADMINISTRATION
ARMED LAW ENFORCEMENT OFFICERS
ABOARD AIR CARRIER AIRCRAFT
The FAA recognizes that law enforcement officers at times have the need to fly armed.
For state and local LEO's, the regulation provides a process by which they may gain
authority to fly aboard a particular flight in an armed status in conjunction with a
specific duty assignment. 14 CFR 108.219 (Federal Register, Vol. 66, page 27330)
recognizes that federal law enforcement officers have nationwide jurisdiction. The
FAA authorizes Federal law enforcement officers to carry firearms aboard aircraft
whether or not on official travel, and armed in accordance with an agency-wide policy
governing that type of travel established by the employing agency by directive or policy
statement.
WHILE FLYING ARMED:
1. It is ABSOLUTELY CRITICAL that you fulfill, in a timely manner, your
obligation to notify the air carrier in advance of your intended travel. Your check-
in process must be accomplished in full compliance with FAA requirements and air
carrier policy.
2. You must use discretion to avoid alarming passengers or crew by display of the
firearm.
3. If you are armed and traveling by air carrier, DO NOT SURRENDER YOUR
FIREARM TO ANYONE.
4. If you cannot resolve a problem with any representative of the air carrier, to include
the captain of an aircraft prior to departure, you should immediately request the
assistance of the air carrier's GROUND SECURITY COORDINATOR or
STATION MANAGER.
5. State and local officers must have a letter from their department authorizing the
armed travel and detailing the itinerary. Federal agents do not need a letter from
their agency to travel armed.
Sec. 108.219 Carriage of accessible weapons.
(a) Flights for which screening is conducted. The provisions of Sec. 108.201(e), with
respect to accessible deadly or dangerous weapons, do not apply to a law
enforcement officer (LEO) aboard a flight for which screening is required if the
requirements of this section are met.
This paragraph (a) does not apply to a Federal Air Marshal on duty status under Sec.
108.223.
(1) Unless otherwise authorized by the Administrator, the armed LEO shall meet the
following requirements: (i) Be a Federal law enforcement officer or a full-time
municipal, county, or state law enforcement officer who is a direct employee of a
government agency. (ii) Be sworn and commissioned to enforce criminal statutes or
immigration statutes. (iii) Be authorized by the employing agency to have the
weapon in connection with assigned duties. (iv) Has completed the training
program Law Enforcement Officers Flying Armed.''
(2) In addition to the requirements of paragraph (a)(1) of this section, the armed LEO
must have a need to have the weapon accessible from the time he or she would
otherwise check the weapon until the time it would be claimed after deplaning. The
need to have the weapon accessible shall be determined by the employing agency,
department, or service and be based on one of the following: (i) The provision of
protective duty, for instance, assigned to a principal or advance team, or on travel
required to be prepared to engage in a protective function. (ii) The conduct of a
hazardous surveillance operation. (iii) On official travel required to report to
another location, armed and prepared for duty. (iv) Employed as a Federal LEO,
whether or not on official travel, and armed in accordance with an agency-wide
policy governing that type of travel established by the employing agency by
directive or policy statement. (v) Control of a prisoner, in accordance with Sec.
108.221, or an armed LEO on a round trip ticket returning from escorting, or
traveling to pick up, a prisoner. (vi)
FAA Federal Air Marshal on duty status.
(3) The armed LEO shall comply with the following notification requirements: (i) All
armed LEOs shall notify the aircraft operator of the flight(s) on which he or she
needs to have the weapon accessible at least 1 hour, or in an emergency as soon as
practicable, before departure. (ii) Identify himself or herself to the aircraft operator
by presenting credentials that include a clear full-face picture, the signature of the
armed LEO, and the signature of the authorizing official of the agency, service, or
department or the official seal of the agency, service, or department. A badge,
shield, or similar device may not be used, or accepted, as the sole means of
identification. (iii) If the armed LEO is a State, county, or municipal law
enforcement officer, he or she shall present an original letter of authority, signed by
an authorizing official from his or her employing agency, service or department,
confirming the need to travel armed and detailing the itinerary of the travel while
armed. (iv) If the armed LEO is an escort for a foreign official then this paragraph
(a)(3) may be satisfied by a State Department notification.
(4) The aircraft operator shall do the following: (i) Obtain information or
documentation required in paragraphs (a)(3)(ii), (iii), and (iv) of this section. (ii)
Advise the armed LEO, before boarding, of the aircraft operator's procedures for
carrying out this section. (iii) Have the LEO confirm he/she has completed the
training program Law Enforcement Officers Flying Armed'' as required by the
FAA, unless otherwise authorized by the Administrator. (iv) Ensure that the
identity of the armed LEO is known to the appropriate personnel who are
responsible for security during the boarding of the aircraft. (v) Notify the pilot in
command and other appropriate crewmembers, of the location of each armed LEO
aboard the aircraft. Notify any other armed LEO of the location of each armed
LEO, including FAM's. Under circumstances described in the security program, the
aircraft operator must not close the doors until the notification is complete. (vi)
Ensure that the information required in paragraphs (a)(3)(i) and (ii) of this section
is furnished to the flight crew of each additional connecting flight by the Ground
Security Coordinator or other designated agent at each location. (b) Flights for
which screening is not conducted.
The provisions of Sec. 108.201(e), with respect to accessible deadly or dangerous
weapons, do not apply to a LEO aboard a flight for which screening is not required if
the requirements of paragraphs (a)(1), (3), and (4) of this section are met. (c) Alcohol.
(1) No aircraft operator may serve any alcoholic beverage to an armed LEO. (2) No
armed LEO may: (i) Consume any alcoholic beverage while aboard an aircraft
operated by an aircraft operator. (ii) Board an aircraft armed if they have consumed an
alcoholic beverage within the previous 8 hours. (d) Location of weapon. (1) Any
person traveling aboard an aircraft while armed shall at all times keep their weapon: (i)
Concealed and out of view, either on their person or in immediate reach, if the armed
LEO is not in uniform. (ii) On their person, if the armed LEO is in uniform. (2) No
person may place a weapon in an overhead storage bin.