|37000 Feet||Browse and search NASA's
Aviation Safety Reporting System
|Local Time Of Day||0601 To 1200|
|Locale Reference||airport : buf|
|Altitude||agl bound lower : 0|
agl bound upper : 0
|Operator||common carrier : air carrier|
|Make Model Name||Medium Large Transport, Low Wing, 2 Turbojet Eng|
|Navigation In Use||Other|
|Flight Phase||ground : preflight|
|Affiliation||company : air carrier|
|Function||flight crew : captain|
oversight : pic
|Qualification||pilot : atp|
|Experience||flight time last 90 days : 190|
flight time total : 12000
flight time type : 1800
|Function||flight crew : first officer|
|Qualification||pilot : commercial|
pilot : instrument
|Anomaly||non adherence : far|
|Independent Detector||other flight crewa|
|Air Traffic Incident||other|
Weapons are frequently being allowed on aircraft in violation of far 108.11 (a) (2). Non-aviation personnel have no conception of the effects of an explosive decompression from a shattered window or cracked fuselage at 35000'. Weapon carrying passenger boarded flight. Flight attendant presented firearm boarding pass to me identifying the passenger as a parole officer with the ny division of parole. I asked the passenger, 'do you need the weapon from the time the aircraft leaves buffalo until the aircraft arrives in la guardia?' the passenger responded, 'no, I do not.' I asked the passenger to check the weapon. She agreed and proceeded to talk to a gate agent. A boarding agent entered the cockpit, gave the passenger count and fuel, and informed me there were no gsi's. I asked him if the weapon had been checked. He responded that it had. The flight attendant entered the cockpit to announce that the passengers were seated and the bags were stowed. I asked her to confirm that the weapon was no longer in the cabin. She informed me that it still was. I asked her to have the boarding agent come back. The boarding agent apologized saying the he had thought the weapon had been taken care of. He then left to see what was being done. A psr entered the cockpit arguing that the passenger was an officer of a state agency and was authorized to carry a weapon. I was unable to convince him that there was more to the regulation and asked him to bring me a copy of the form that the passenger had signed. The psr returned with the form. I pointed out to him that there are four conditions, all of which must be met, before far 108.11 can be waived: he or she must be an official of a municipality, a state or the us; he or she must be on official business; he or she must be normally authorized to carry the weapon; and the person having the weapon needs to have the weapon accessible in connection with the performance of his or her duty from the time he or she would otherwise check it until the time it would be returned after deplaning. [Far 108.11 (a) (2)]. Since the passenger by her own admission did not have a need for her weapon during the flight, she did not meet the last condition, and therefore should have placed the weapon in the bag that she checked rather than requesting a firearm boarding pass. The psr was not convinced but reluctantly agreed to have the weapon placed in the passenger's checked bag. The flight attendant informed me that the passengers were wondering what was going on. I was concerned that some of them toward the front of the aircraft had heard about 'the gun' and were wondering how it got on the aircraft in the first place. I made the following announcement: 'ladies and gentlemen, I apologize for the delay. There was a question whether a weapon should be allowed in the cabin of the aircraft. As a result we are having it checked in the baggage compartment. I should add that the person involved had a right to carry a weapon, but I'm taking the conservative position that it should not be carried in the cabin.' we departed buffalo.
Original NASA ASRS Text
Title: CAPT REFUSES TO ALLOW PAROLE OFFICER TO CARRY GUN IN THE CABIN.
Narrative: WEAPONS ARE FREQUENTLY BEING ALLOWED ON ACFT IN VIOLATION OF FAR 108.11 (A) (2). NON-AVIATION PERSONNEL HAVE NO CONCEPTION OF THE EFFECTS OF AN EXPLOSIVE DECOMPRESSION FROM A SHATTERED WINDOW OR CRACKED FUSELAGE AT 35000'. WEAPON CARRYING PASSENGER BOARDED FLT. FLT ATTENDANT PRESENTED FIREARM BOARDING PASS TO ME IDENTIFYING THE PASSENGER AS A PAROLE OFFICER WITH THE NY DIVISION OF PAROLE. I ASKED THE PASSENGER, 'DO YOU NEED THE WEAPON FROM THE TIME THE ACFT LEAVES BUFFALO UNTIL THE ACFT ARRIVES IN LA GUARDIA?' THE PASSENGER RESPONDED, 'NO, I DO NOT.' I ASKED THE PASSENGER TO CHECK THE WEAPON. SHE AGREED AND PROCEEDED TO TALK TO A GATE AGENT. A BOARDING AGENT ENTERED THE COCKPIT, GAVE THE PASSENGER COUNT AND FUEL, AND INFORMED ME THERE WERE NO GSI'S. I ASKED HIM IF THE WEAPON HAD BEEN CHECKED. HE RESPONDED THAT IT HAD. THE FLT ATTENDANT ENTERED THE COCKPIT TO ANNOUNCE THAT THE PASSENGERS WERE SEATED AND THE BAGS WERE STOWED. I ASKED HER TO CONFIRM THAT THE WEAPON WAS NO LONGER IN THE CABIN. SHE INFORMED ME THAT IT STILL WAS. I ASKED HER TO HAVE THE BOARDING AGENT COME BACK. THE BOARDING AGENT APOLOGIZED SAYING THE HE HAD THOUGHT THE WEAPON HAD BEEN TAKEN CARE OF. HE THEN LEFT TO SEE WHAT WAS BEING DONE. A PSR ENTERED THE COCKPIT ARGUING THAT THE PASSENGER WAS AN OFFICER OF A STATE AGENCY AND WAS AUTHORIZED TO CARRY A WEAPON. I WAS UNABLE TO CONVINCE HIM THAT THERE WAS MORE TO THE REGULATION AND ASKED HIM TO BRING ME A COPY OF THE FORM THAT THE PASSENGER HAD SIGNED. THE PSR RETURNED WITH THE FORM. I POINTED OUT TO HIM THAT THERE ARE FOUR CONDITIONS, ALL OF WHICH MUST BE MET, BEFORE FAR 108.11 CAN BE WAIVED: HE OR SHE MUST BE AN OFFICIAL OF A MUNICIPALITY, A STATE OR THE US; HE OR SHE MUST BE ON OFFICIAL BUSINESS; HE OR SHE MUST BE NORMALLY AUTHORIZED TO CARRY THE WEAPON; AND THE PERSON HAVING THE WEAPON NEEDS TO HAVE THE WEAPON ACCESSIBLE IN CONNECTION WITH THE PERFORMANCE OF HIS OR HER DUTY FROM THE TIME HE OR SHE WOULD OTHERWISE CHECK IT UNTIL THE TIME IT WOULD BE RETURNED AFTER DEPLANING. [FAR 108.11 (A) (2)]. SINCE THE PASSENGER BY HER OWN ADMISSION DID NOT HAVE A NEED FOR HER WEAPON DURING THE FLT, SHE DID NOT MEET THE LAST CONDITION, AND THEREFORE SHOULD HAVE PLACED THE WEAPON IN THE BAG THAT SHE CHECKED RATHER THAN REQUESTING A FIREARM BOARDING PASS. THE PSR WAS NOT CONVINCED BUT RELUCTANTLY AGREED TO HAVE THE WEAPON PLACED IN THE PASSENGER'S CHECKED BAG. THE FLT ATTENDANT INFORMED ME THAT THE PASSENGERS WERE WONDERING WHAT WAS GOING ON. I WAS CONCERNED THAT SOME OF THEM TOWARD THE FRONT OF THE ACFT HAD HEARD ABOUT 'THE GUN' AND WERE WONDERING HOW IT GOT ON THE ACFT IN THE FIRST PLACE. I MADE THE FOLLOWING ANNOUNCEMENT: 'LADIES AND GENTLEMEN, I APOLOGIZE FOR THE DELAY. THERE WAS A QUESTION WHETHER A WEAPON SHOULD BE ALLOWED IN THE CABIN OF THE ACFT. AS A RESULT WE ARE HAVING IT CHECKED IN THE BAGGAGE COMPARTMENT. I SHOULD ADD THAT THE PERSON INVOLVED HAD A RIGHT TO CARRY A WEAPON, BUT I'M TAKING THE CONSERVATIVE POSITION THAT IT SHOULD NOT BE CARRIED IN THE CABIN.' WE DEPARTED BUFFALO.
Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.