Carry-ons

Recently, pilots have been asking me those types of questions about what they can and cannot carry in their airplanes. I’m not a walking FAR/AIM, but I can read the regulations just as well as the next gal, so I’ll take my shot here at some of the commonly asked items…for your friends, of course.

First up: guns. I used to fly a Beechjet for a man who took an annual three-day hunting trip to Saskatchewan, Canada, with several of his buddies and one beautiful yellow Labrador retriever. When those folks showed up to board the airplane, they had more baggage than any men I’d ever flown before. In addition to their hunting gear, they each carried a rifle and ammo. Are they even allowed to bring this stuff on board? Often, the answer is yes. But, talk about a headache for the pilots. We had to work the weight and balance out to the last pound to make it in and out of the tiny landing strip in Canada, and we had to manage the customs paperwork on every single passenger and firearm.

But what if you are not wealthy enough to take a jet internationally with your friends and a hunting dog that costs more than my first car? Let’s say you are just an average Joe and you want to transport your firearm within the United States so you can have target practice out at the farm after turkey dinner.

Is it legal for you to transport a gun on board your single-engine Piper when flying non-stop from Tennessee to Texas? There are no FARs in Part 91 that prohibit it, and according to 18 U.S. Code § 926A containing the laws for the interstate transportation of firearms, “any person who is not otherwise prohibited…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.” This law has certain requirements you must comply with, however, like neither the firearm nor any ammunition being readily accessible. State and local laws at your point of departure and arrival must also be considered, including any airport regulations as well as TSA rules, if the airport is subject to TSA security program.

This line of thinking does not apply in every instance, however. What if it’s not a firearm you’d like to bring along, but marijuana that was bought legally on a trip to Colorado? According to the FAA, “Even if marijuana possession or cultivation is legal in a state, it is illegal under federal law to use an aircraft to transport marijuana to, from, or within that state.”

If you violate the federal prohibitions, you can lose your pilot certificate and your aircraft. It might seem like a brand-new world out there with some states legalizing the use of marijuana. However, it is still a federally banned substance. The FAA can revoke a pilot’s certificate for knowingly carrying substances on aircraft in violation of FAR 91.19. Please don’t fall into this trap. Flying with marijuana is not legal. No way, no how. Don’t even think about it.

We’ve covered guns and marijuana, so that just leaves one thing: alcohol. Can passengers drink it? FAR 91.17 states, “Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.” This is where the line gets a little blurry for general aviation.

When I was doing corporate and charter work, the jet was often stocked with wine and liquor for passenger consumption. They never drank to the point of intoxication (that I noticed) as everyone made it safely down those precarious airstairs on their own after the flight. However, if you are flying any small general aviation aircraft under Part 91 where the passengers may sit right up front with you and the flight controls, any alcohol consumption by passengers raises safety considerations. While Part 91 regulations don’t specifically prohibit the carriage or consumption of alcohol on board an aircraft, this is one of the many instances in aviation where what is allowed is not necessarily safe.

I hope these answers will help your friends, but please keep in mind that I’m not an attorney. This isn’t legal advice, just one pilot friend talking to another as we try to stay safe in an ever-changing environment. As pilot in command, use your best judgment and understand that you have the final authority and responsibility when it comes to what is carried on your aircraft.

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