Airports: Federal Or State Jurisdiction?

Unlike in many other countries, airports in the United States are owned and operated not by the federal government but by state authorities. However, federal agencies like the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) are responsible for overseeing airports. While state governors do not have control over their airspace, they may have control over landing sites or airports.

Airports are owned and operated by state authorities

Airports are typically owned and operated by national or local government entities, and are considered essential infrastructure under state control. In the United States, for example, major airports like Hartsfield-Jackson Atlanta International Airport and Los Angeles International Airport are owned by local authorities. These entities are responsible for infrastructure development, maintenance, and the implementation of security protocols.

The government's involvement in airport operations ensures that these transport hubs serve broader public interests and adhere to national aviation regulations. The Port Authority of New York and New Jersey (PANYNJ) is a notable example of a government entity that oversees the operation of airports, seaports, bridges, rail transit, and real estate. While the City of New York owns JFK and LaGuardia Airports, they are leased to the Port Authority for operational purposes.

However, it is important to note that airport ownership structures can vary. Some airports are fully owned and operated by private companies, particularly in countries like Brazil and the United Arab Emirates. Private ownership can lead to streamlined decision-making, quicker adaptation to market changes, and a focus on profitability. Additionally, some governments opt for public-private partnerships in airport development to leverage the strengths of both sectors, fostering innovation, cost-effectiveness, and timely project delivery.

Federal agencies like the FAA and TSA oversee airports

Airports in the US are overseen by federal agencies like the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA).

The FAA is a federal government agency within the US Department of Transportation. It was created in 1958 as the Federal Aviation Agency and adopted its current name in 1967 when it became part of the Department of Transportation. The FAA regulates civil aviation in the US and the surrounding international waters. Its powers include air traffic control, certification of personnel and aircraft, setting standards for airports, and protection of US assets during the launch or re-entry of commercial space vehicles. The FAA also issues and enforces regulations and minimum standards covering the manufacturing, operating, and maintaining of aircraft.

The TSA, on the other hand, is an agency of the US Department of Homeland Security (DHS) that has authority over the security of transportation systems within and connecting to the US. It was created in response to the September 11 attacks to improve airport security procedures and consolidate air travel security under a combined federal law enforcement and regulatory agency. The TSA develops key policies to protect the US transportation system, including highways, railroads, bus networks, mass transit systems, ports, pipelines, and intermodal freight facilities. However, its primary mission is airport security and the prevention of aircraft hijacking. It is responsible for screening passengers and baggage at more than 450 US airports, employing screening officers, explosives detection dog handlers, and bomb technicians in airports, and armed Federal Air Marshals and Federal Flight Deck Officers on aircraft.

Most airport crimes are prosecuted under state law

Unlike in many other countries, airports in the United States are owned and operated by state authorities, not the federal government. That said, federal agencies like the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) are responsible for overseeing airports.

Most crimes at airports are prosecuted under state law. For example, in Florida, a man who attempted to steal a plane from an airport in Fort Myers in 2024 faced numerous charges under Florida law, but no federal charges were mentioned. However, committing an offence on airport premises can still lead to federal charges, particularly if the crime involves interfering with or affecting federal agencies operating in airports, such as the TSA and FAA.

The most common airport offences include carrying a concealed weapon or firearm, drug smuggling, drug possession, theft, disorderly conduct, and driving under the influence (DUI) on airport property. While most of these crimes are prosecuted in state court, some are prosecuted in federal court. Federal law prohibits interfering with a TSA official and entering a secure area without submitting to screening.

Federal law also regulates aviation activities nationwide, so crimes involving planes and airports are usually prosecuted in federal courts. Special aircraft jurisdiction provides the basis for federal prosecution of crimes on planes, applying to US military aircraft, US commercial airlines, and crimes committed on flights with a US departure or destination.

Federal charges are usually related to interference with federal agencies

While airports are typically not considered federal property, certain agencies like the TSA and CBP operate within them. This presence of federal agencies and employees means that federal charges can be brought in the event of interference with their operations.

Federal charges are often related to interference with federal agencies and their employees. For example, it is a federal crime to assault, resist, oppose, impede, intimidate, or interfere with a civilian official or employee of the U.S. Army Corps of Engineers. This includes failing to comply with a lawful order issued by a federal employee or provide necessary information when requested.

Additionally, there are laws in place to protect federal officials and their families from threats or harm intended to impede, intimidate, or interfere with their duties. These laws cover a range of potential actions, including assault, kidnapping, and murder, as well as attempts or conspiracies to commit such acts.

In the context of airports, federal charges could be brought against individuals who interfere with the operations of federal agencies like the TSA or CBP. This could include acts of violence, intimidation, or non-compliance with lawful orders.

Furthermore, federal charges have been brought against individuals for interfering with federal elections, which are overseen by federal agencies. For instance, former President Donald Trump was charged with four federal crimes related to the 2020 presidential election interference, including conspiracy to defraud the United States and conspiracy to obstruct the right to vote. These charges were brought by the United States Department of Justice (DOJ) and involved attempts to pressure officials, influence state officials, and delay the electoral count.

State and local governments can control aircraft landing sites

Airports in the US are owned and operated by state authorities, or even individuals and corporations, rather than the federal government. However, federal agencies like the FAA and the Transportation Security Administration (TSA) are responsible for overseeing airports. While most crimes at airports are prosecuted under state law, specific airport-related crimes, such as interfering with federal agencies, do lead to federal charges.

State and local governments can effectively shut down their airspaces by closing their airports, but they may face consequences from the federal government. This does not include stopping overflights of the area. An example of federal control is the implementation of security measures at airports after 9/11.

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