Cop fired for lying to TSA
Aug 10, 2009 | 9:33 pm
#16
Join Date: Jul 2008
Location: Florida
Posts: 3,006
This is the law he broke.
Title 49 § 1540.111 Carriage of weapons, explosives, and incendiaries by individuals.
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(a) On an individual's person or accessible property—prohibitions. Except as provided in paragraph (b) of this section, an individual may not have a weapon, explosive, or incendiary, on or about the individual's person or accessible property—
(1) When performance has begun of the inspection of the individual's person or accessible property before entering a sterile area, or before boarding an aircraft for which screening is conducted under this subchapter;
(2) When the individual is entering or in a sterile area; or
(3) When the individual is attempting to board or onboard an aircraft for which screening is conducted under §§1544.201, 1546.201, or 1562.23 of this chapter.
(b) On an individual's person or accessible property—permitted carriage of a weapon. Paragraph (a) of this section does not apply as to carriage of firearms and other weapons if the individual is one of the following:
(1) Law enforcement personnel required to carry a firearm or other weapons while in the performance of law enforcement duty at the airport.
(2) An individual authorized to carry a weapon in accordance with §§1544.219, 1544.221, 1544.223, 1546.211, or subpart B of part 1562 of this chapter.
(3) An individual authorized to carry a weapon in a sterile area under a security program.
top
(a) On an individual's person or accessible property—prohibitions. Except as provided in paragraph (b) of this section, an individual may not have a weapon, explosive, or incendiary, on or about the individual's person or accessible property—
(1) When performance has begun of the inspection of the individual's person or accessible property before entering a sterile area, or before boarding an aircraft for which screening is conducted under this subchapter;
(2) When the individual is entering or in a sterile area; or
(3) When the individual is attempting to board or onboard an aircraft for which screening is conducted under §§1544.201, 1546.201, or 1562.23 of this chapter.
(b) On an individual's person or accessible property—permitted carriage of a weapon. Paragraph (a) of this section does not apply as to carriage of firearms and other weapons if the individual is one of the following:
(1) Law enforcement personnel required to carry a firearm or other weapons while in the performance of law enforcement duty at the airport.
(2) An individual authorized to carry a weapon in accordance with §§1544.219, 1544.221, 1544.223, 1546.211, or subpart B of part 1562 of this chapter.
(3) An individual authorized to carry a weapon in a sterile area under a security program.
Aug 10, 2009 | 9:46 pm
#18
Join Date: Nov 2006
Location: MIA
Programs: PC Plat/Amb
Posts: 1,152
(3) An individual authorized to carry a weapon in a sterile area under a security program.
I think this might exempt him from that.
Generally speaking, I believe he could have had lawful access with a firearm, had he followed protocol. The violation wasn't stated to be the act, it was the false statement.
I think this might exempt him from that.
Generally speaking, I believe he could have had lawful access with a firearm, had he followed protocol. The violation wasn't stated to be the act, it was the false statement.
Aug 10, 2009 | 9:46 pm
#19
Join Date: Oct 2007
Location: ORD
Programs: nobody
Posts: 1,837
For over 20 years, Jon McClain has been a die hard at protecting Americans from terrorists, including one famous incident at IAD 20 years from the upcoming Christmas Eve (the control tower was seized by evil doers).
It just isn't right to have a great American hero treated this way.
Just not right.
It just isn't right to have a great American hero treated this way.
Just not right.
Maybe a way to fire him and save the department pension money. Btw, that one is John not Jon 
.Seriously, this is just one of the stupidest thing I've ever heard a cop would do just to pick up his family at the airiport.
Aug 10, 2009 | 10:03 pm
#20
Join Date: Jul 2008
Location: Florida
Posts: 3,006
(3) An individual authorized to carry a weapon in a sterile area under a security program.
I think this might exempt him from that.
Generally speaking, I believe he could have had lawful access with a firearm, had he followed protocol. The violation wasn't stated to be the act, it was the false statement.
I think this might exempt him from that.
Generally speaking, I believe he could have had lawful access with a firearm, had he followed protocol. The violation wasn't stated to be the act, it was the false statement.
Title 49 § 1540.105 Security responsibilities of employees and other persons.
(a) No person may:
(1) Tamper or interfere with, compromise, modify, attempt to circumvent, or cause a person to tamper or interfere with, compromise, modify, or attempt to circumvent any security system, measure, or procedure implemented under this subchapter.
(2) Enter, or be present within, a secured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas.
(3) Use, allow to be used, or cause to be used, any airport-issued or airport-approved access medium or identification medium that authorizes the access, presence, or movement of persons or vehicles in secured areas, AOA's, or SIDA's in any other manner than that for which it was issued by the appropriate authority under this subchapter.
(a) No person may:
(1) Tamper or interfere with, compromise, modify, attempt to circumvent, or cause a person to tamper or interfere with, compromise, modify, or attempt to circumvent any security system, measure, or procedure implemented under this subchapter.
(2) Enter, or be present within, a secured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas.
(3) Use, allow to be used, or cause to be used, any airport-issued or airport-approved access medium or identification medium that authorizes the access, presence, or movement of persons or vehicles in secured areas, AOA's, or SIDA's in any other manner than that for which it was issued by the appropriate authority under this subchapter.
McClain is accused of circumventing federal security procedures at the Northwest Arkansas Regional Airport then not being truthful about his actions, among other things, according to the report.
Aug 10, 2009 | 10:12 pm
#22
Join Date: May 2003
Location: GEG
Programs: Motel 6 Club Avoir Le Cafard
Posts: 5,027
Now that TSA agents have shiny metal badges that say "U.S. Officer," it's a violation of 18 USC § 1001, a felony, to lie to them, which means you must never speak to them.
Aug 10, 2009 | 10:17 pm
#25
Join Date: Nov 2006
Location: MIA
Programs: PC Plat/Amb
Posts: 1,152
Aug 10, 2009 | 10:25 pm
#26
Join Date: Jul 2008
Location: Florida
Posts: 3,006
Personally if he would have gotten a pass from the airline and told the TSO he was getting his daughter, I would have not made any fuss about him entering with his weapon.
I am just glad he got canned instead of "retraining" on prisoner pick ups.
<soap box>
Nothing disgusts me more than a person in authority abusing that authority by lying.
</soap box>
Aug 10, 2009 | 10:26 pm
#27
Join Date: Jul 2008
Location: Florida
Posts: 3,006
Aug 10, 2009 | 10:43 pm
#28
Join Date: Feb 2006
Programs: just above cargo
Posts: 2,072
(3) An individual authorized to carry a weapon in a sterile area under a security program.
I think this might exempt him from that.
Generally speaking, I believe he could have had lawful access with a firearm, had he followed protocol. The violation wasn't stated to be the act, it was the false statement.
I think this might exempt him from that.
Generally speaking, I believe he could have had lawful access with a firearm, had he followed protocol. The violation wasn't stated to be the act, it was the false statement.
Aug 10, 2009 | 10:47 pm
#29
Join Date: Nov 2006
Location: MIA
Programs: PC Plat/Amb
Posts: 1,152
EVERYONE is required to have an airport/airline ID, boarding pass or gate pass to be admitted to the checkpoint. There are some airports where a club membership will grant access, however that technically is the same as a gate pass. The TSA does not control who has permission to enter the sterile area.
Aug 10, 2009 | 10:53 pm
#30
In Memoriam
Join Date: May 2001
Location: Katoomba (Blue Mountains)
Programs: Mucci
Posts: 8,083
