Are the TSA rules legally binding?
- By
- Aparna Patel
- |
- 2 Aug, 2023
- |
At the end of the day, the question boils down to “Can you be arrested or fined for trying to bring banned items on board?”, and the short answer to that is “No”, unless you’re trying to bring in weaponry or getting uppity when busted. Straight from the horse’s mouth:
TSA recognizes that most passengers who carry prohibited items do so
without any ill intent. TSA does not impose fines on the vast number
of passengers who inadvertently carry prohibited items. Dealing with
any prohibited item, however, adds time to the screening process both
for the traveler who brought the item and for other travelers as well.
Some items pose such a risk to the traveling public and the screening
work force that TSA will consider imposing a fine on the traveler.Items for which fines may be imposed include firearms, ammunition and
other explosives, incendiaries including larger amounts of
self-defense spray, and certain dangerous knives. Fines also may be
imposed when passengers attempt to artfully conceal prohibited items
or behave in a manner that is so uncooperative and disruptive that it
physically interferes with the screening process. Carrying some
prohibited items could result in both a civil and criminal enforcement
action.
Basically, violations of TSA regulations can lead only to civil charges, not criminal ones; you cannot be arrested or thrown in jail for breaking them. There are only two caveats: one, they’ll happily dob you over to the regular cops if you actually do something criminal like punching them, and two, there are some things like heavy weaponry (but not 4-oz bottles of water) that are banned by criminal law as well.
The TSA was created by the act of Congress, which also empowers it to make and enforce regulations, and gives the executive branch the authority to press charges. In addition there are also FAA regulations which are also authorized by the Congress.
Acting against the TSA/FAA regulations is acting against regulations placed by an agency authorized by the Congress to place it. It makes it illegal.
Consider “Speed Limit” sign – there’s no law for every street and road limiting speed on that particular road. But there’s a law allowing designated agencies to put and enforce speed limits on various roads based on various conditions. TSA regulations are similar in nature.
Credit:stackoverflow.com‘