Sachin Walls
In the United States, police officers are permitted to carry firearms in airports and on planes. However, this is a highly debated topic, with some arguing that armed police officers in airports give the impression that the airport is unsafe, degrading the passenger experience. Others argue that police officers need to be equipped with firearms to protect themselves and the public in the event of an active shooter. To carry a firearm, police officers must meet specific requirements, including background checks, qualifications, and mental health evaluations. When travelling with a firearm, police officers must follow TSA regulations, such as transporting unloaded firearms and small amounts of ammunition in a locked, hard-sided container as checked baggage.
| Characteristics | Values |
|---|---|
| Law enforcement officers carrying guns in airports and on planes | Law Enforcement Officer Safety Act (LEOSA) allows qualified active and retired law enforcement officers to carry concealed firearms in all 50 states, the District of Columbia, Puerto Rico, and other US possessions. |
| Only about 4.53% of all law enforcement officers fly armed. | |
| Law enforcement officers must inform the agent at the gate that they will be travelling armed and may be permitted to preboard the aircraft. | |
| Law enforcement officers with an operational need to fly armed must select a single instructor/point-of-contact to request training material to instruct officers within their agency who meet federal regulations to fly armed. | |
| Some states have additional requirements for law enforcement officers to carry firearms, such as passing a state-mandated course of fire. | |
| Some individuals who are not considered law enforcement officers, such as retired, contract, reserve, auxiliary, or annuitant law enforcement personnel, are not permitted to carry firearms when travelling. |
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What You'll Learn
Law Enforcement Officers Safety Act (LEOSA)
The Law Enforcement Officers Safety Act (LEOSA) was enacted in 2004. The act allows qualified active, retired, or separated law enforcement officers to carry concealed firearms in any jurisdiction in the U.S. or U.S. territories, regardless of state or local laws.
LEOSA defines a "qualified law enforcement officer" as a current governmental agency law enforcement officer who is authorized to carry a firearm, is not the subject of disciplinary action, meets agency standards for regular firearm use, and is not under the influence of drugs or alcohol. A "qualified retired law enforcement officer" is an individual who has separated from service in good standing from a public agency as a law enforcement officer and meets all additional LEOSA criteria. This includes having met the standards for qualification in firearms training for active law enforcement officers during the most recent 12-month period and not being found unqualified for reasons relating to mental health by a qualified medical professional.
Retired law enforcement officers who meet the qualifications for LEOSA may be eligible to obtain a LEOSA photographic identification card, which exempts them from most state and local laws prohibiting the carriage of concealed firearms.
The LEOSA has been a source of excitement and frustration since its inception, with some law enforcement officers celebrating the victory of allowing active and retired officers to carry firearms across state lines. However, there are still areas that are off-limits to LEOSA, and understanding these restrictions is essential to avoid unknowingly violating the law.
In terms of airports, the Office of Law Enforcement/Federal Air Marshal Service maintains oversight of the Law Enforcement Officers Flying Armed (LEOFA) program. While there are regulations in place for officers flying armed, such as completing the "Law Enforcement Officers Flying Armed" training program, there are still instances where law enforcement officers carry guns on planes for prisoner transport, dignitary protection, and other official police business. Additionally, some airports have implemented measures such as "hard points" where police can access long guns and other materials necessary to respond to an active shooter, as well as Kevlar shielding in certain areas of the terminal. The presence of openly armed police officers in airports has been a topic of debate, with arguments for deterrence, quick response to potential threats, and meeting the level of force being used against them being used against them. However, others argue that heavily armed police officers can give the impression that the airport is unsafe and can contribute to the fetishization of firearms.
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Federal Law Enforcement Agencies
Federal Law Enforcement Officers (LEO) are permitted to carry firearms in airports and on planes, as long as they meet certain criteria. Firstly, they must be a full-time federal LEO or a full-time municipal, county, state, tribal, or territorial LEO who is a direct employee of a government agency. They must also be sworn and commissioned to enforce criminal or immigration statutes and be authorised by their employing agency to carry the weapon in connection with their assigned duties. Additionally, they must have completed the TSA Law Enforcement Officer Flying Armed Training Course, or an equivalent training program.
State, local, territorial, tribal, and approved railroad LEOs flying armed must submit a National Law Enforcement Telecommunications System (NLETS) message at least 24 hours before travel. This replaces the requirement for a Letter of Authority from the relevant authority. Federal LEOs travelling with firearms must also comply with any relevant state and local laws regarding the possession of firearms.
There are over 90 Federal Law Enforcement Agencies whose officers fly armed, and on average, 38,500 LEOs fly armed per month through approximately 450 federalized airports. LEOs may carry firearms on planes to facilitate prisoner transport, dignitary protection, and other official duties.
It is important to note that retired, contract, reserve, auxiliary, or annuitant LEOs are not considered to be actively employed and therefore do not meet the threshold for carriage of accessible weapons. Additionally, any LEO who has not been granted general arrest authority or is limited to governmental facilities does not qualify.
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Flying armed
Law enforcement officers are required to uphold the law 24/7, and in many major cities, officers are mandated to carry a firearm. In the context of air travel, there are specific protocols and considerations for armed law enforcement officers.
Law Enforcement Officer Safety Act (LEOSA)
The Law Enforcement Officer Safety Act (LEOSA) grants qualified active and retired law enforcement officers the privilege to carry a concealed firearm in all fifty states, the District of Columbia, Puerto Rico, and other U.S. possessions, with certain restrictions. These restrictions include areas where private entities or persons have imposed prohibitions on their property, such as federal buildings located on the property per 18 U.S.C. § 930(a).
When flying armed, law enforcement officers must adhere to specific protocols. Before boarding, they check in at the gate and inform the agent that they will be travelling with a firearm. Depending on the airline, they may be allowed to preboard the aircraft. During boarding, officers should discreetly notify the Pilot in Command (PIC) and/or the lead Flight Attendant (FA). The PIC or FA may instruct the officer to refrain from taking action against unruly or drunk passengers unless specifically requested by the flight crew.
Statistics on Flying Armed
On average, approximately 38,500 law enforcement officers fly armed each month through about 450 federalized airports. However, when considering the total number of law enforcement officers and departments, only about 4.53% fly armed. These statistics specifically pertain to flights with mandated screening protocols. If an officer is flying armed on a general aviation aircraft, they would not be included in these numbers.
Considerations and Opinions
There are differing opinions on whether law enforcement officers should be permitted to carry firearms on planes. Some argue that having armed officers on flights could potentially prevent incidents like the 9/11 attacks. In contrast, others express concerns about the potential for misuse or abuse of firearms by dishonest officers, even pointing to specific incidents where officers have misused their weapons.
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Screening and checks
In the United States, the Transportation Security Administration (TSA) conducts security screenings at airports. Most TSA officers are not commissioned law enforcement officers, but they are responsible for screening passengers, baggage, and cargo. They can search individuals and their baggage at screening checkpoints, but they do not have the authority to make arrests. Other law enforcement officers, such as airport police, are also present at airports.
TSA screeners can perform further searches even if the initial screening does not reveal any suspicious items. They are allowed to conduct pat-downs of religious head coverings if an alarm is triggered, and they may request the removal of such headwear in a private area. After the pat-down, they may test for chemical residue by rubbing the person's hands with a cotton cloth and placing it in a machine.
When it comes to law enforcement officers (LEO) travelling armed, certain procedures are in place. Before boarding, LEOs check in at the gate and inform the agent that they will be travelling with a weapon. Depending on the airline, they may be permitted to pre-board the aircraft and notify the captain and other LEOs on board. LEOs must have a legitimate reason to fly armed, such as performing a law enforcement function during the flight or immediately upon arrival at the destination. They also need authorisation from their employing agency to have the weapon accessible throughout the journey.
To qualify to fly armed, federal regulations mandate that LEOs must be federal law enforcement officers or full-time municipal, county, or state LEOs directly employed by a government agency. They must be sworn and commissioned to enforce criminal or immigration statutes and have completed the 'Law Enforcement Officers Flying Armed' training program. LEOs are generally escorted past security to the gate and pre-boarded.
TSA regulations allow unloaded firearms and small amounts of ammunition (under 11 lbs) to be transported in checked baggage, provided they are in a locked, hard-sided container. Planning ahead is crucial for a hassle-free trip when travelling with a firearm. Officers should be aware of varying state and jurisdiction restrictions on ammunition type and magazine capacity.
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State and local police
Before boarding, a law enforcement officer (LEO) must check in at the gate and inform the agent that they will be travelling armed. Depending on the airline, they may be allowed to pre-board the aircraft. When boarding, the LEO should discreetly notify the Pilot in Command (PIC) and/or lead flight attendant (FA), who may remind the LEO of protocols regarding intervening with unruly passengers.
While there are no known prosecutions of individuals violating these laws, LEOs should always protect themselves by obtaining a state-issued concealed carry permit in addition to their LEOSA credentials. This is because LEOSA—the Law Enforcement Officer Safety Act—does contain some restrictions. For example, exemptions allowing individuals with a state-issued permit to carry concealed firearms in Federal park lands and Gun-Free School Zones (GFSZs) do not apply to individuals carrying under LEOSA.
It is worth noting that the term "LEO" can refer to Federal LEOs, who are not subject to the same restrictions as state and local police. Federal LEOs include Federal Law Enforcement Officers, FBI Agents, and U.S. Marshals. U.S. Marshals are the enforcement arm of the federal courts, and they can deputize individuals, granting them the authority to carry firearms across state lines.
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Frequently asked questions
Yes, cops can carry guns on planes, but only under certain circumstances. Law Enforcement Officers (LEO) must inform the agent at the gate that they will be travelling armed and are usually permitted to preboard the aircraft. LEOs are also required to notify the PIC and/or lead FA discreetly. Only cops that have a legitimate reason to fly armed are allowed to do so.
Cops may carry guns on planes to facilitate prisoner transport, dignitary protection and other official police business.
Yes, in addition to background checks and qualifications, cops must be evaluated by government/state officials to determine whether they are mentally stable enough to carry a firearm on a plane.
