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Can TSA open gun cases packed in carry on bags?

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  • inbox485
    Veteran Member
    • Jul 2009
    • 3677

    Can TSA open gun cases packed in carry on bags?

    Title should be check in not carry on...

    On a recent flight, I had a handgun checked in. My bag was searched and I made the mistake of using a TSA approved bag lock on the gun case. And TSA opened and inspected it. Had the usual sorry we rummaged through your stuff notice, and the lock had the opened by means other than the combination indicator activated.

    So, I didn't violate any laws because I did lock it and did not give them the combination. But, did they violate any laws by opening it? I thought the point of being required to lock it and not give them the key or combination was that they were not to open it once it was checked in. If I had locked it with a non TSA lock and they forced the lock or broke the case, would that change anything?

    Has anybody else had an experience like this where a gun case was opened without your permission without you present after the baggage was already checked in? Especially, has anybody had a lock or case broken to do so?
    Last edited by inbox485; 03-12-2010, 12:25 AM.
    Up for rent...
  • #2
    lorax3
    Super Moderator
    CGN Contributor - Lifetime
    • Jan 2009
    • 4633

    Originally posted by inbox485
    So, I didn't violate an laws because I did lock it and did not give them the combination.
    Perhaps, but since you used a TSA lock the TSA had could have used the combination/key.

    49 CFR 1540.111(c)and only the passenger retains the key or combination.
    If you have not already watch THIS VIDEO. It is a must for anyone who wishes to fly with firearms.
    Last edited by lorax3; 03-13-2010, 9:49 AM.
    You think you know, but you have no idea.

    The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

    Comment

    • #3
      WokMaster1
      Part time Emperor
      CGN Contributor - Lifetime
      • Mar 2006
      • 5436

      Did you declare the firearm when you checked in at the counter?
      "Good friends, good food & good wine. Anything else is just a waste of soy sauce.":)

      Comment

      • #4
        Lone_Gunman
        Calguns Addict
        • Jan 2009
        • 8396

        You are not supposed to use a TSA lock on bags containing a checked firearm. There is a great video detailing the rules and regs of flying with a gun floating around here somewhere. I'll see if I can track it down.

        Comment

        • #5
          inbox485
          Veteran Member
          • Jul 2009
          • 3677

          Originally posted by WokMaster1
          Did you declare the firearm when you checked in at the counter?
          Yes. With both the ticket counter person and the additional screening TSA officer.
          Up for rent...

          Comment

          • #6
            Lone_Gunman
            Calguns Addict
            • Jan 2009
            • 8396

            Here ya go. The language is a little salty in some parts, this guy is a computer security hacker type and talks like a sailor but the information is priceless.





            ETA: Oops. I see Lorax beat me to it. Yeah, watch that video. Best info you're gonna get. It will tell you everything you need to know.
            Last edited by Lone_Gunman; 03-11-2010, 11:05 PM.

            Comment

            • #7
              inbox485
              Veteran Member
              • Jul 2009
              • 3677

              Originally posted by Lone_Gunman
              Here ya go. The language is a little salty in some parts, this guy is a computer security hacker type and talks like a sailor but the information is priceless.





              ETA: Oops. I see Lorax beat me to it. Yeah, watch that video. Best info you're gonna get. It will tell you everything you need to know.
              I'd rather get it twice than not at all. Thanks. I'll respond after I have time to watch it.
              Up for rent...

              Comment

              • #8
                bwiese
                I need a LIFE!!
                • Oct 2005
                • 27621

                That's FAA stuff.

                If the TSA wants to look, fine.

                Don't worry about peeing matches between gov't agencies in matters like this.

                I have TSA locks on my rifle cases when I fly.

                Bill Wiese
                San Jose, CA

                CGF Board Member / NRA Benefactor Life Member / CRPA life member
                sigpic
                No postings of mine here, unless otherwise specifically noted, are
                to be construed as formal or informal positions of the Calguns.Net
                ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                employer. No posts of mine on Calguns are to be construed as
                legal advice, which can only be given by a lawyer.

                Comment

                • #9
                  kf6tac
                  Senior Member
                  • Aug 2009
                  • 1779

                  Also, FYI, your thread title asks about carry-on baggage, while your actual question is about checked baggage.

                  Of course, I hope to God nobody has guns packed in carry-on baggage, because that's a huge no-no.


                  Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship.

                  Comment

                  • #10
                    Forever-A-Soldier
                    Senior Member
                    • Oct 2005
                    • 786

                    Yes, TSA can inspect any and all areas of your checked luggage, including locked gun cases regardless if the firearm is declared in advance with the airline agents. However, there is a protocol and guidelines that TSA officers must follow to warrent a search of the firearms case as well as a regular checked bag. A TSA officer can't just see a gun on an x-ray and say, "Hey that gun looks cool, let me check that out."

                    If you have a concern about TSA screening your bag with a firearm, let the airline know that you want to ensure everything is secured (relocked, locked, ziptied, etc.) after TSA has screened your bag and it is clear to be placed on the aircraft. At our airport, it is not a problem.... your airport may vary. This is for CHECKED BAGGAGE ONLY!!!! DON'T BRING A GUN INTO A SECURITY CHECKPOINT LEADING TO THE AIRCRAFT!!!

                    I wish I could be more detailed to help everyone out here on the board, but as a TSA officer myself, I'm prohibited from posting detailed information on security protocols. I hope this helps and you are getting this information direct from the source.

                    F.A.S. Out
                    Last edited by Forever-A-Soldier; 03-11-2010, 11:37 PM.
                    "God, Family, Country"; Patriot; Thorn in the side of Anti-Gunners, Communists & Liberals since 1981.
                    Cold War Vet (U.S. Army Infantry: 1984-1988); GWOT & Iraqi War Vet (CAANG 2002-2008 - Infantry; OIF III)
                    NRA LIFE Member
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                    • #11
                      CCWFacts
                      Calguns Addict
                      • May 2007
                      • 6168

                      Originally posted by inbox485
                      On a recent flight, I had a handgun checked in. My bag was searched and I made the mistake of using a TSA approved bag lock on the gun case. And TSA opened and inspected it. Had the usual sorry we rummaged through your stuff notice, and the lock had the opened by means other than the combination indicator activated.

                      So, I didn't violate any laws because I did lock it and did not give them the combination. But, did they violate any laws by opening it?
                      Ha ha ha.

                      They are perfectly allowed to search anything they want to search, including in a locked gun case. I fly with guns all the time and normally the TSA does some special screening of it during check-in. I have to walk it over, sometimes accompanied by one of the check-in staff.

                      There are major problems with TSA staff stealing things, including guns, from luggage. If you search you'll find lots of news stories about it. There's nothing we can do unfortunately; we are powerless before the TSA.

                      However, note that some people recommend checking in a gun as a solution to preventing thefts, because gun-containing cases are tracked more carefully!
                      "Weakness is provocative."
                      Senator Tom Cotton, president in 2024

                      Victoria "Tori" Rose Smith's life mattered.

                      Comment

                      • #12
                        inbox485
                        Veteran Member
                        • Jul 2009
                        • 3677

                        Originally posted by lorax3
                        Perhaps, but since you used a TSA lock the TSA had could have used the combination/key.

                        and only the passenger retains the key or combination.
                        If you have not already watch THIS VIDEO. It is a must for anyone who wishes to fly with firearms.
                        Thanks for the video. I'd have to disagree with him on the legality of using TSA locks. The law says that only the passenger retains the key or combination. The law does not require that the required key or combination be exclusive, nor does it deal with something like an easily picked lock (which is essentially what a TSA lock is). That said, I don't think I'll ever be using a TSA lock on the case again. Had I thought about it, I wouldn't have used it in the first place.

                        My last concern is if the TSA has the right (under the same patriot act that allows them to open other baggage) to open firearm cases irregardless of the lock used. The law you cited tells the traveler what they have to do, but not what the TSA can or can't do. Unless the provisions in the patriot act exempted firearms from being opened, it seems like they can open them legally even if they have to open them with a blow torch.
                        Last edited by inbox485; 03-12-2010, 12:13 AM.
                        Up for rent...

                        Comment

                        • #13
                          inbox485
                          Veteran Member
                          • Jul 2009
                          • 3677

                          Originally posted by bwiese
                          That's FAA stuff.

                          If the TSA wants to look, fine.

                          Don't worry about peeing matches between gov't agencies in matters like this.

                          I have TSA locks on my rifle cases when I fly.
                          No interest in a peeing match. Just curiosity. Besides, I figured it would be a welcome distraction from the almost full first page of anti-UOC crap.

                          For those interested, here is a webpage that goes with the video:


                          I am still curious if they could legally force a non TSA lock open after it has been screened.
                          Up for rent...

                          Comment

                          • #14
                            1 SIG fan
                            Senior Member
                            • Nov 2009
                            • 2482

                            good point on the 'carry-on' point. the answer is YES, they can and will open them, then arrest you

                            Comment

                            • #15
                              inbox485
                              Veteran Member
                              • Jul 2009
                              • 3677

                              Originally posted by 1 SIG fan
                              good point on the 'carry-on' point. the answer is YES, they can and will open them, then arrest you
                              Ya. It's late. I meant check in.
                              Up for rent...

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