AOPA Pilot Magazine - July 2022 - 24

FLYING LIFE
Carry-ons
Guns. Marijuana. Alcohol. Can we carry
these things on our aircraft?
BY NATALIE BINGHAM HOOVER
YOU KNOW THAT whole " asking for a friend " concept as a way
of handling a question you're too embarrassed to ask? 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 singleengine
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
24
AOPA PILOT / July 2022
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.
myaviation101.com
NATALIE BINGHAM
HOOVER is a CFI, CFII, and
multiengine instructor with
more than 3,000 hours of
dual given.
http://www.myaviation101.com
AOPA Pilot Magazine - July 2022

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