[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1544.219]

[Page 332-333]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1544_AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL 
OPERATORS--Table of Contents
 
                          Subpart C_Operations
 
Sec. 1544.219  Carriage of accessible weapons.

    (a) Flights for which screening is conducted. The provisions of 
Sec. 1544.201(d), with respect to accessible 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. Paragraph (a) of 
this section does not apply to a Federal Air Marshal on duty status 
under Sec. 1544.223.
    (1) Unless otherwise authorized by TSA, the armed LEO must 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 must 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. 1544.221, or an 
armed LEO on a round trip ticket returning from escorting, or traveling 
to pick up, a prisoner.
    (vi) TSA Federal Air Marshal on duty status.
    (3) The armed LEO must comply with the following notification 
requirements:
    (i) All armed LEOs must 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,

[[Page 333]]

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 must 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 must 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 TSA, unless 
otherwise authorized by TSA.
    (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 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. 1544.201(d), with respect to accessible 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 individual traveling aboard an 
aircraft while armed must 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 individual may place a weapon in an overhead storage bin.