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BE CAREFUL AT THE AIRPORT

Carrying items which are otherwise lawful for you to possess can lead to problems at the airport for dealers and certificate holders, writes barrister Nick Doherty, highlighting key legal risks when travelling internationally.

The law applicable at any UK airport is significantly different to that which applies in general public areas in this country. Section 4 of the Aviation Security Act 1982 prohibits the possession of any firearm, or anything that looks like one; any explosive in any form, or anything that looks like one. Further any other article not within those categories which is made or adapted for causing injury to the person, or incapacitating a person, or for destroying or damaging property is prohibited and includes any item which is intended by that person to be used for those purposes.

‘Possession’ covers any part of the airport or on a plane; arriving or leaving, and no matter whether the luggage is with you or not. There is a defence of having a ‘reasonable excuse’ to have the items with you which will apply if you are flying with firearms, for example. In such cases you are strongly advised to declare such items at the earliest opportunity.

Police at airports operate a ‘zero tolerance policy’ in respect of these rules. As we will see, ‘But I forgot I had it with me’ and ‘I am a respectable person who has a provable good reason for my ownership of this item’ will not prevent you being arrested and probably charged.

I fell foul of these rules myself in December. Readers will be aware of the dummy 7.62mm rounds sold as key rings in the Range Office at Bisley in aid of charity. I bought one for my son as a stocking filler. I put it separately in the tray at security and pointed it out to the operative. He said I couldn’t have it, I asked to speak to his supervisor. She fully accepted it was not live, but it was still not permitted given the law. She put it through the x-ray machine ‘to see if they will pull it’ which they did. So, I had to surrender it. No further consequences for me, simply confiscated because it has the appearance of ammunition. Belt buckles that look like a gun (usually a lot smaller than a real one) forbidden for the same reason.

The supervisor said that the key ring would have been OK in hold luggage, but having researched this topic I am not sure if that is correct. In reality items in hold luggage will probably be OK, as long as they are ‘inert’ or have a legitimate purpose, but there can be no guarantees.

Two cases have come to my attention recently where the consequences can be serious, particularly if you are an RFD or a certificate holder. In both cases the person concerned was an entirely respectable man who had been a certificate holder for many years. In both cases their ‘offending’ was entirely inadvertent.

In the process of emptying their trouser pocket the first person realises they had a single round of rifle ammunition on them. They place it in the tray and walk through the arch. Surprisingly the round appears having gone through the x-ray without being diverted. Realising they shouldn’t have it, they left the round in the tray. The round was subsequently found and following examination of the CCTV from the security area, police found the owner in duty free. He explained his oversight and in that case was not prosecuted as he had that calibre on his FAC. Every interaction with the police will result in the force who issue your certificates becoming aware of the incident. A certificate is recorded on police systems and is flagged if you are spoken to or arrested. In this case the person concerned was issued with a Warning Letter by their issuing force. That is something which will be relied upon if there are ever further difficulties with the certificate.

It might have been better to have handed the round to security staff on discovery, but the outcome may well have been the same.

The second incident concerns a person who had a ‘Card Sharp’ knife in their pocket. This person had a provable good reason for carrying such an item in their everyday life. They had not realised it was in their pocket until they got to security. It was picked up on the x-ray. A Card Sharp is an item which folds up into the shape of a credit card. The officers who attended claimed it was a lock knife and also a disguised weapon. I do not believe it falls within either category. However, on their return from their trip the owner was interviewed by police and a file has been sent to the CPS for a ‘charging decision’. A decision has not yet been received.

A non-locking folding knife with a blade under 6cm is permitted at an airport, although you will be ‘profiled’ -spoken to by security staff to establish you are a reasonable person who appears law-abiding before they will allow you to retain it.

If you want to keep your RFD or certificates make sure you have nothing on you which could cause a problem when you go to the airport.

This article appears in Mar-26

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