Attempting to Board an Aircraft with a Concealed Weapon

49 USC 46505(b). Carrying a weapon or explosive on an aircraft
(b) General Criminal Penalty. - An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual -

  • when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation,
    has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight;
  • has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or
  • has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  • That the Defendant knowingly attempted to board an aircraft involved in air transportation, as charged;
  • That the Defendant knowingly had on or about his or her person a {concealed dangerous weapon which would have been accessible to him or her in flight had he or she boarded the aircraft} { attempted to have placed aboard the aircraft an explosive device; and
  • That the Defendant acted willfully and with reckless disregard of the safety of human life.
  • To "attempt" an act means to knowingly do something which leads toward the accomplishment or fulfillment of the act.

    An item is "concealed" if it is hidden from ordinary observation.