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Old July 23, 2013, 05:26 PM   #13
pax
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Join Date: May 16, 2000
Location: In a state of flux
Posts: 7,520
I have a small laminated copy of that section of the law taped to the underside of my gun case, with that subsection highlighted -- and I do not ask for a supervisor. I smile politely, indicate that I intend to comply with the law while respecting their regulations, and ask for a sworn law enforcement officer to oversee their search when they open the suitcase.

Last time I did so, the regular TSA person immediately called the supervisor, even before I'd finished my first sentence. I apologized for making that person's day harder, and repeated my intention to follow the law.

When the supervisor arrived and asked what was going on, I smiled politely, indicated my intention to comply with the law while respecting their regulations, and requested a sworn law enforcement officer to oversee the search since they were unwilling to bring my suitcase back to me for me to unlock it.

The TSA supervisor scowled and snapped, "Ma'am, are you familiar with the term, 'implied consent'? We cannot allow you to fly if we do not inspect your luggage."

I smiled politely, again indicated my intention to comply with the law while respecting their regulations, and requested a sworn law enforcement officer to oversee the search. Still polite and in a tone of genuine inquiry, I asked, "Are you a sworn law enforcement agent?"*

The TSA supervisor replied testily, "Well, what will you do if a law enforcement officer isn't available!??" I smiled politely and said we could cross that bridge when we came to it, but until then, I intended to comply with the law while respecting their regulations. Then I stood there and waited patiently for an answer. He called the LEO.

When the LEO arrived, she asked if I was refusing to allow a search. I smiled politely and said, "Not at all. I do intend to comply with federal law while respecting TSA regulations. It's too bad the layout of this airport isn't set up to allow us all to easily follow the law as it is written, but I understand you all have a job to do. So I would like you, as a sworn law enforcement agent who can legally possess firearms, to oversee the search process, since TSA regulations will not allow them to bring my suitcase back to me for me to oversee the search in person -- and since the law does not allow me to hand the key over to any other person in the airport. Are you willing to do that for me?"

The TSA supervisor was livid, and the TSA line agent appeared equally so. The LEO was simply ... puzzled. All three consulted each other by eye, and after a little more back and forth (all with a calm, sweet, relaxed smile on my face I should add!), they agreed that was a reasonable solution. The TSA people weren't happy about it, but they all accepted it and the three disappeared together into the back room where my suitcase was located.

The suitcase, I should add, did not just have "a firearm" in it. It had two firearms, about a hundred rounds of ammo, and four dummy guns, and several baggies full of dummy rounds, and thousands of dollars of high end holsters I show people in my classes.

It also had my name tag as a Presenter at the Rangemaster Tactical Conference sitting on top of the pile of other stuff, along with some business cards. Though I hadn't done so on purpose, it had a good effect too, because when the group returned, they were all smiles and conciliatory. The LEO said, "Ma'am, we didn't realize you were a professional..." (I smiled politely and thanked her, although inside I was gritting my teeth and wailing with grief at what has become of my country. What difference should that have made!!!?)

Before they returned, they had certainly been gone long enough to look up the law I had thoughtfully printed out, laminated, and taped to the underside of the gun case. You know, just in case someone requested a key who wasn't legally allowed to have it.

After all that, the TSA supervisor apologized profusely -- in front of the LEO and in front of his own supervisee! -- and told me he'd never seen that federal law before, and that he was very grateful I'd drawn his attention to it as he would see to it that some changes were made to the layout and firearm-luggage search routines at that particular airport, if he could. Whether he followed through on that or not, I have no idea -- but it seemed very likely. My sense was that he's basically a good guy who came over armored up and expecting the passenger to be a confrontational jerk who didn't know an arse from an elbow. I think I really threw him off balance when I turned out to be a polite, friendly person who did in fact know the law and wasn't trying to make anyone's day harder but was absolutely determined to follow the law as written.

I love having the facts on my side, and being old enough and brave enough to stand on those facts when needed. Twasn't always so.

pax


* Note: TSA agents are not sworn LEOs, and some are even Prohibited Persons. For this reason, I don't want a single, unsupervised agent with the key to my firearm. If the agents insist on opening the case while I am not present, in contradiction to federal law, I at least want it opened by a sworn LEO who is definitely legal to possess firearms, and who is in the presence of several other people when the case gets opened.
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