At first glance, these statutes seem to be very broad and all encompassing. However, definitions of “air transportation” and “intrastate air transportation” as defined in 49 USC §40102 limit applicability of these statutes to air carriers. What is an air carrier? It is an individual or business who provides transportation for hire either between two states or within one state using a turbojet aircraft with more than 30 seats. Practically speaking, these definitions limit applicability of this statute to airlines and charter operators who are either flying between states or operating larger, turbojet aircraft.

U.S. Statute 49 CFR §1550.7 is a more specific “catch-all” that applies to aircraft weighing more than 12,500 pounds and where aircraft’s operation is not otherwise subject to statutes and regulations addressed above. This regulation requires that an operator “must conduct a search of aircraft before departure and screen passengers, crewmembers, and other persons and their accessible property (carry-on items) before boarding”, regardless of whether boarding and loading occurs from a sterile area.

Another regulation that affects your ability to carry a firearm on a flight operated by a charter operator is 14 CFR §135.119. Under this regulation “no person may, while on board an aircraft being operated by a certificate holder, carry on or about that person a deadly or dangerous weapon, either concealed or unconcealed. Section 135.119 does not apply to LEO’s or to “Crewmembers and other persons authorized by certificate holder to carry arms”. Thus, although this regulation appears to limit possession of firearms, if charter operator grants you permission, either directly or within its operations specifications, you would be exempt from this regulation and able to carry firearms subject to any other applicable statutes or regulations.

Finally, if you are flying in a private aircraft that is not being operated by a common carrier from one state to another, and no other statutes apply to your flight, you will still be subject to 18 USC §926A regarding interstate transportation of firearms which states that “any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation firearm is unloaded, and neither firearm nor any ammunition being transported is readily accessible or is directly accessible from passenger compartment of such transporting vehicle”.

This statute allows you to transport firearms between states subject to statute’s conditions: that you can lawfully possess firearm at your points of departure and arrival, and firearm is unloaded and inaccessible during trip. However, what if you are a CCW permit holder and you want to carry concealed between states? Well, fortunately 18 USC §927 states that Section 926A does not pre-empt applicable state law. Thus, if you can lawfully carry a concealed weapon in state in which you board aircraft and in state in which you land, you are not subject to unloaded and inaccessible restrictions of Section 926A.

For operations of private aircraft within one state, you will only be subject to laws of state within which you are operating. You will need to review your state’s statutes to determine whether they impose any restrictions on possession of firearms within non-sterile areas of airports. You will also need to be familiar with airports you will be visiting to determine whether each airport has any restrictions (e.g. posting to prohibit concealed carry etc.).

Conclusion

What does all this mean? Well, for majority of people traveling on commercial aircraft, ability to transport firearms on aircraft is severely restricted. In almost all cases, unless you are flying in a private aircraft, carrying firearms with you on an aircraft, either on your person or in your carry-on luggage, is prohibited.

You may still bring firearms and ammunition with you on a flight, but they will need to be unloaded and contained in a locked case within your checked luggage in compliance with your airline or aircraft operator’s policies. Your best bet is to check with your airline or aircraft operator ahead of time to make sure you know and can comply with their policies for transporting firearms. With a little planning and preparation, it can be done.

If you are flying on a charter aircraft that weighs less than 12,500 pounds, you can only carry firearms with operator’s permission and as long as you can lawfully do so at both your departure and arrival airports.

For those of you who fly in private aircraft and carry firearms with you, knowing areas at an airport within which you can and cannot possess a firearm will help you avoid accepting a clearance or taxiing to an area within which possession of firearms is prohibited. So long as you remain outside of airport sterile areas, your possession of firearms will only be subject to laws of state in which you are flying.

As always, fly safe and, especially if you are carrying firearms, fly smart.

Rather, insurance company will pay a maximum of $1,000,000 per occurrence, but will only pay each passenger up to a maximum of $200,000. Thus, for an accident in which only one passenger is injured, insurance company’s maximum exposure is $200,000, exclusive of any amounts it spends on your defense.

On other hand, smooth limit coverage of $1,000,000 per occurrence will provide up to $1,000,000 of coverage regardless of number of passengers. This coverage presents a greater risk to insurance company since it could have to pay full policy limits even if only one person is injured. As a result, greater risk means that premium for this coverage is going to be more expensive than premium for a policy containing sub-limits.

Policy Definitions

When you read an aircraft insurance policy, you need to pay special attention to definitions section. Many of terms used in policy have specific definitions that are different from a dictionary definition or common usage for that word.

Examples include definition of “accident” which is often defined as a “sudden and unexpected event resulting in bodily injury, death or property damage”. This is different than definition of accident contained in NTSB Rule 830 and is also more specific than a dictionary or common usage definition of word.

Another example is definition of “commercial operations” or “commercial purpose.” An insurance policy’s definition of this term is usually different from, and in some cases may be broader than, FAA’s or IRS’s definition or a dictionary definition.

These are just two examples. However, remember that aircraft insurance policy is a contract between you and insurance company. Both you and insurance company agreed to policy definitions when you paid premium and insurance company issued policy. As a result, both you and insurance company will be bound by those definitions.

Coverage Exclusions

Your aircraft policy will also contain exclusions. Exclusions define circumstances in which insurance company will not provide you with coverage for operation of your aircraft. An aircraft insurance policy usually includes both specific and general exclusions.

Specific exclusions arise when you assume additional liability (e.g. you sign a contract that indemnifies or holds someone else harmless for damage they cause), damage occurs to your own property or injury occurs to members of your family. The policy may also specifically exclude coverage for your own medical expenses or for your operation of an aircraft that you do not own.

Depending upon state in which aircraft is based, general exclusions can result in denial of coverage regardless of whether they directly caused a particular claim. These exclusions will preclude coverage for operation of your aircraft in commercial operations (as defined by policy, not necessarily FAA or IRS), using your aircraft to commit unlawful acts, damage caused by war or terrorism or if your aircraft is operated by a pilot that is not named as an insured on policy and does not meet open pilot qualifications.

Who Is Covered

Assuming no exclusions are applicable, policy will provide coverage to each person named as an insured under policy and to pilots who meet “open pilot” requirements. As a threshold matter, each pilot operating aircraft, whether named insured or qualifying under open pilot provision, will need to possess appropriate pilot and medical certificates and meet all currency requirements for operation of your aircraft.

The open pilot provision extends coverage of your aircraft insurance policy to a pilot operating your aircraft who is not a named insured on your policy. The provision sets out total time, time in type and training requirements that unnamed pilot must meet in order for pilot to be covered under policy. Generally, if those requirements are met and pilot is operating your aircraft with your consent, your insurance coverage should extend to that pilot.

What You Can Do

The complexities of aircraft insurance can seem daunting. But, what can you do to protect yourself? The first, and one of most important things you can do, is to read your insurance policy. If you have questions regarding terms or coverage talk to your insurance agent or contact an aviation attorney who is familiar with aviation insurance matters.

Once you understand policy, make sure you abide by policy and comply with its terms and requirements. It makes little sense to spend substantial amounts of money on insurance premiums and then place your coverage in jeopardy by doing or allowing something your policy prohibits.

Next, document your operations. What do I mean by that? Simple: Keep good records. Make sure your pilot logbook is up-to-date and current. If you take your pilot logbook with you when you fly, make copies of pages containing your satisfaction of FAR currency requirements and keep copies in a safe place.

This way, if something happens to your pilot logbook and your insurance company or FAA later question your currency, you will have back-up proof that you were current for your flight. Although not as critical, you may also want to keep a photocopy of your pilot certificate(s) along with your logbook records.

Finally, you should use this same procedure for your aircraft and engine logbooks. If you must take them with you in airplane, make copies and keep them in a safe place. In this instance, you may want to make a full set of copies of logbook entries, rather than just pages showing aircraft’s current airworthiness. An aircraft that contains logbook entries for all of work ever performed on aircraft is worth more to a potential purchaser than if those records are incomplete or missing.

These simple steps can prevent potentially costly disputes down road. It’s been said that best insurance is insurance you never have to use. That may be, but if you take these steps, you should have greater peace of mind that your insurance will be there if you need it.