[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR108.219]

[Page 352-353]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (Continued)
 
PART 108--AIRCRAFT OPERATOR SECURITY--Table of Contents
 
                          Subpart C--Operations
 
Sec. 108.219  Carriage of accessible weapons.

    (a) Flights for which screening is conducted. The provisions of 
Sec. 108.201(e), with respect to accessible deadly or dangerous weapons, 
do not apply to a law enforcement officer (LEO) aboard a flight for 
which screening is required if the requirements of this section are met. 
This paragraph (a) does not apply to a Federal Air Marshal on duty 
status under Sec. 108.223.
    (1) Unless otherwise authorized by the Administrator, the armed LEO 
shall meet the following requirements:
    (i) Be a Federal law enforcement officer or a full-time municipal, 
county, or state law enforcement officer who is a direct employee of a 
government agency.
    (ii) Be sworn and commissioned to enforce criminal statutes or 
immigration statutes.
    (iii) Be authorized by the employing agency to have the weapon in 
connection with assigned duties.
    (iv) Has completed the training program ``Law Enforcement Officers 
Flying Armed.''
    (2) In addition to the requirements of paragraph (a)(1) of this 
section, the armed LEO must have a need to have the weapon accessible 
from the time he or she would otherwise check the weapon until the time 
it would be claimed after deplaning. The need to have the weapon 
accessible shall be determined by the employing agency, department, or 
service and be based on one of the following:
    (i) The provision of protective duty, for instance, assigned to a 
principal or advance team, or on travel required to be prepared to 
engage in a protective function.
    (ii) The conduct of a hazardous surveillance operation.
    (iii) On official travel required to report to another location, 
armed and prepared for duty.
    (iv) Employed as a Federal LEO, whether or not on official travel, 
and armed in accordance with an agency-wide policy governing that type 
of travel established by the employing agency by directive or policy 
statement.
    (v) Control of a prisoner, in accordance with Sec. 108.221, or an 
armed LEO on a round trip ticket returning from escorting, or traveling 
to pick up, a prisoner.
    (vi) FAA Federal Air Marshal on duty status.
    (3) The armed LEO shall comply with the following notification 
requirements:
    (i) All armed LEOs shall notify the aircraft operator of the 
flight(s) on which he or she needs to have the weapon accessible at 
least 1 hour, or in an emergency as soon as practicable, before 
departure.
    (ii) Identify himself or herself to the aircraft operator by 
presenting credentials that include a clear full-face picture, the 
signature of the armed LEO, and the signature of the authorizing 
official of the agency, service, or department or the official seal of 
the agency, service, or department. A badge, shield, or similar device 
may not be used, or accepted, as the sole means of identification.
    (iii) If the armed LEO is a State, county, or municipal law 
enforcement officer, he or she shall present an original letter of 
authority, signed by an authorizing official from his or her employing 
agency, service or department, confirming the need to travel armed and 
detailing the itinerary of the travel while armed.
    (iv) If the armed LEO is an escort for a foreign official then this 
paragraph (a)(3) may be satisfied by a State Department notification.
    (4) The aircraft operator shall do the following:
    (i) Obtain information or documentation required in paragraphs 
(a)(3)(ii), (iii), and (iv) of this section.
    (ii) Advise the armed LEO, before boarding, of the aircraft 
operator's procedures for carrying out this section.
    (iii) Have the LEO confirm he/she has completed the training program 
``Law Enforcement Officers Flying Armed'' as required by the FAA, unless 
otherwise authorized by the Administrator.
    (iv) Ensure that the identity of the armed LEO is known to the 
appropriate personnel who are responsible for security during the 
boarding of the aircraft.
    (v) Notify the pilot in command and other appropriate crewmembers, 
of the location of each armed LEO aboard the

[[Page 353]]

aircraft. Notify any other armed LEO of the location of each armed LEO, 
including FAM's. Under circumstances described in the security program, 
the aircraft operator must not close the doors until the notification is 
complete.
    (vi) Ensure that the information required in paragraphs (a)(3)(i) 
and (ii) of this section is furnished to the flight crew of each 
additional connecting flight by the Ground Security Coordinator or other 
designated agent at each location.
    (b) Flights for which screening is not conducted. The provisions of 
Sec. 108.201(e), with respect to accessible deadly or dangerous weapons, 
do not apply to a LEO aboard a flight for which screening is not 
required if the requirements of paragraphs (a)(1), (3), and (4) of this 
section are met.
    (c) Alcohol. (1) No aircraft operator may serve any alcoholic 
beverage to an armed LEO.
    (2) No armed LEO may:
    (i) Consume any alcoholic beverage while aboard an aircraft operated 
by an aircraft operator.
    (ii) Board an aircraft armed if they have consumed an alcoholic 
beverage within the previous 8 hours.
    (d) Location of weapon. (1) Any person traveling aboard an aircraft 
while armed shall at all times keep their weapon:
    (i) Concealed and out of view, either on their person or in 
immediate reach, if the armed LEO is not in uniform.
    (ii) On their person, if the armed LEO is in uniform.
    (2) No person may place a weapon in an overhead storage bin.