Gun carrying Passengers
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Rat Boy;
Here’s a Canadian perspective (and these are Federal Statutes).
*Criminal Code Chapter C-46
2. In This Act, "peace officer includes"
(f) the pilot in command of an aircraft while the aircraft is in flight.
It further defines in-flight as:
(8) For the purposes of this section, of the definition "peace officer" in section 2 and of sections 76 and 77, "flight" means the act of flying or moving through the air and an aircraft shall be deemed to be in flight from the time when all external doors are closed following the embarkation until the later of:
(a) the time at which any such door is opened for the purpose of disembarkation*
The Aeronautics Act, Chapter A-2 stated:
* "pilot-in-command" means, in relation to an aircraft, the pilot having responsibility and authority for the operation and safety of the aircraft during flight time. *
<a href="http://laws.justice.gc.ca/en/A-2/288.html#rid-296" target="_blank">[/URL]
<a href="http://http://laws.justice.gc.ca/en/C-46/35481.html" target="_blank"></a>
[URL=http://laws.justice.gc.ca/en/C-46/35481.html#rid-35487]</a>
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[ 08 January 2002: Message edited by: Orca strait ]</p>
Here’s a Canadian perspective (and these are Federal Statutes).
*Criminal Code Chapter C-46
2. In This Act, "peace officer includes"
(f) the pilot in command of an aircraft while the aircraft is in flight.
It further defines in-flight as:
(8) For the purposes of this section, of the definition "peace officer" in section 2 and of sections 76 and 77, "flight" means the act of flying or moving through the air and an aircraft shall be deemed to be in flight from the time when all external doors are closed following the embarkation until the later of:
(a) the time at which any such door is opened for the purpose of disembarkation*
The Aeronautics Act, Chapter A-2 stated:
* "pilot-in-command" means, in relation to an aircraft, the pilot having responsibility and authority for the operation and safety of the aircraft during flight time. *
<a href="http://laws.justice.gc.ca/en/A-2/288.html#rid-296" target="_blank">[/URL]
<a href="http://http://laws.justice.gc.ca/en/C-46/35481.html" target="_blank"></a>
[URL=http://laws.justice.gc.ca/en/C-46/35481.html#rid-35487]</a>
-----------------------------------------------
[ 08 January 2002: Message edited by: Orca strait ]</p>
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Here's the Criminal Code URL that did not come through on above post.
<a href="http://laws.justice.gc.ca/en/C-46/35481.html#rid-35487" target="_blank">Link</a>
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[ 09 January 2002: Message edited by: Sick Squid ]</p>
<a href="http://laws.justice.gc.ca/en/C-46/35481.html#rid-35487" target="_blank">Link</a>
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[ 09 January 2002: Message edited by: Sick Squid ]</p>
Moderator
[quote]I don't have any problem with gun ownership in principle, boofhead. The point is not why do all these agencies require to carry weapons, but why they must be carried ON MY AIRPLANE?
I have never seen a US postal/prison/poultry inpectors/zookeepers service ID card and would have no idea whether it had just been run up on an apple-mac. Nor do I suspect have many airport security staff. <hr></blockquote>
This sums up my opinion exactly.....
[quote]Tripower455
I didn't mention the company we work for, did I? Whew! I don't need that psychological evaluation. They did say that we could not talk to the media and mention that we work for XYZ Airlines. Is this considered the media?
<hr></blockquote>
ZTR4A, I won't tell if you don't! <img src="smile.gif" border="0"> I HAVE had my suspicions about you though! <img src="smile.gif" border="0">
I have never seen a US postal/prison/poultry inpectors/zookeepers service ID card and would have no idea whether it had just been run up on an apple-mac. Nor do I suspect have many airport security staff. <hr></blockquote>
This sums up my opinion exactly.....
[quote]Tripower455
I didn't mention the company we work for, did I? Whew! I don't need that psychological evaluation. They did say that we could not talk to the media and mention that we work for XYZ Airlines. Is this considered the media?
<hr></blockquote>
ZTR4A, I won't tell if you don't! <img src="smile.gif" border="0"> I HAVE had my suspicions about you though! <img src="smile.gif" border="0">
Join Date: Jan 2002
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Well, it seems the Canadian Federal Law makes the PIC a law enforcement officer. Doesn't seem to say anything about requiring or authorizing being armed. Do Canadian pilots receive training in the law or use of law enforcement authority? Trying to imagine that as part of the written test for PPL.
In the U S context, the postal inspectors can be thought of as a Secret Service/U S Marshalls Service with juristiction over the U S mails. These people are the real deal as law enforcement people, so comments about armed "postal workers" are either humorous (?) the first few times or purposefully thick. When air mail started in the U S the pilots were required to wear a sidearm so that if they had to land somewhere and let the mail continue by other means they could guard it until it's custody could be passed. Look at some of the old pictures of airmail pilots and you can see the .38 revolver or some such in many cases.
Qualified armed people would be okay to have aboard in theory, but from a practical point of view it is difficult to establsh the bonafides of people from a zillion different agencies and it would be a good idea to limit it to people with proper training (done in U S to some extent) and properly preflight briefed. PIC permission should be required, another item on the preflight checklist. Just make sure they don't shoot themselves in the backside when they clear their weapons.
In the U S context, the postal inspectors can be thought of as a Secret Service/U S Marshalls Service with juristiction over the U S mails. These people are the real deal as law enforcement people, so comments about armed "postal workers" are either humorous (?) the first few times or purposefully thick. When air mail started in the U S the pilots were required to wear a sidearm so that if they had to land somewhere and let the mail continue by other means they could guard it until it's custody could be passed. Look at some of the old pictures of airmail pilots and you can see the .38 revolver or some such in many cases.
Qualified armed people would be okay to have aboard in theory, but from a practical point of view it is difficult to establsh the bonafides of people from a zillion different agencies and it would be a good idea to limit it to people with proper training (done in U S to some extent) and properly preflight briefed. PIC permission should be required, another item on the preflight checklist. Just make sure they don't shoot themselves in the backside when they clear their weapons.
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Iron City
Peace Officer status for the PIC stems from marine law. The purpose is not to make the PIC or Ships Captain a “Law Enforcement Officer”, but to have in place, on the vessel a figure of authority with the backing of the courts to maintain good order and in a Ships Captains case, discipline.
Consider that, when a ship or aircraft are under way, they may be crossing multi-jurisdictions nationally and internationally and are not immediately accessible by normal law enforcement means. Does that mean when we have a rowdy passenger on board that may be violating local or international law, do we go back, cuff him, arrest him and read him his rights? No. If this or these offending persons are a hazard to the safety of the aircraft, crew or passengers, the PIC can authorize to have the offender restrained (if physically possible by cabin crew and volunteer passengers), land at the nearest suitable airport, and have the local authorities arrest the offender. The PIC will relay documented events and evidence, and the offender will have his day in court.
Due to the inaccessible nature of ocean going ships on the high seas, the Captain is also granted the power and authority to use whatever force required to maintain good order and discipline on the ship. I know a few Ships Captains, and they’ve never been to Mountie school either.
I bring all this up as it seems the roles, duties and authority of the PIC have become muddled lately, in part our own fault. Rather than being seen as a professional whom not only fly’s the aircraft (along with some very competent First Officers), and CEO of a multi-million dollar company (its up to you and your crew when that aircraft pushes back from the gate), we’ve become in managements and the public eye, overpaid prima-donnas that work ten days a month.
I know I’m going to pay for that last line.
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Peace Officer status for the PIC stems from marine law. The purpose is not to make the PIC or Ships Captain a “Law Enforcement Officer”, but to have in place, on the vessel a figure of authority with the backing of the courts to maintain good order and in a Ships Captains case, discipline.
Consider that, when a ship or aircraft are under way, they may be crossing multi-jurisdictions nationally and internationally and are not immediately accessible by normal law enforcement means. Does that mean when we have a rowdy passenger on board that may be violating local or international law, do we go back, cuff him, arrest him and read him his rights? No. If this or these offending persons are a hazard to the safety of the aircraft, crew or passengers, the PIC can authorize to have the offender restrained (if physically possible by cabin crew and volunteer passengers), land at the nearest suitable airport, and have the local authorities arrest the offender. The PIC will relay documented events and evidence, and the offender will have his day in court.
Due to the inaccessible nature of ocean going ships on the high seas, the Captain is also granted the power and authority to use whatever force required to maintain good order and discipline on the ship. I know a few Ships Captains, and they’ve never been to Mountie school either.
I bring all this up as it seems the roles, duties and authority of the PIC have become muddled lately, in part our own fault. Rather than being seen as a professional whom not only fly’s the aircraft (along with some very competent First Officers), and CEO of a multi-million dollar company (its up to you and your crew when that aircraft pushes back from the gate), we’ve become in managements and the public eye, overpaid prima-donnas that work ten days a month.
I know I’m going to pay for that last line.
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Penguin, link didn't work for me either.
But this should get you there:
go to: <a href="http://www.gpo.gov/nara/cfr/index.html" target="_blank">http://www.gpo.gov/nara/cfr/index.html</a>
click on "serarch the federal register" link
when in the federal register database page,
click on 2001 for year and
search for "armed law enforcement officer"
on completed search page, click on aircraft operator security link
that should get you the complete FAA rule with comments.
But this should get you there:
go to: <a href="http://www.gpo.gov/nara/cfr/index.html" target="_blank">http://www.gpo.gov/nara/cfr/index.html</a>
click on "serarch the federal register" link
when in the federal register database page,
click on 2001 for year and
search for "armed law enforcement officer"
on completed search page, click on aircraft operator security link
that should get you the complete FAA rule with comments.
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Next time an armed law enforcement office boards your airplane and wants to retain his weapon, ask these questions. I'll bet the answer to each will be "NO."
1. Do you have frangible bullets in your weapon?
2. Are you protecting a witness on this flight?
3. Are you transporting a prisoner?
4) Are you protecting a political dignitary?
5) Are you a trained Air Marshall and did you advise dispatch that you're on board?
1. Do you have frangible bullets in your weapon?
2. Are you protecting a witness on this flight?
3. Are you transporting a prisoner?
4) Are you protecting a political dignitary?
5) Are you a trained Air Marshall and did you advise dispatch that you're on board?
