First, commercial certificate requirement. A legal interpretation 10/23/1997 Requesting An Interpretation Of What Is Considered Compensation Under Section 61.113 Of The FAR,Contd.
You ask whether private pilots that make themselves available to volunteer their skills and aircraft to a law enforcement agency in a surveillance capacity is considered compensation under section 61.113, and whether the above flying activities are permissible if the pilot volunteer holds either a private pilot certificate. The answers to these questions are discussed below based on a FAA legal brief.
Section 61.113 sets forth the privileges and limitations of the holder of a private pilot certificate. That section states, in pertinent part, that a person who holds a private pilot certificate may not act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. Section 61.113 does provide for exceptions to the above (incidental business activity, expense sharing, charitable airlifts, search and location missions, glider towing), however, none of the exceptions are applicable based on the facts presented in your letter.
Section 61.133 (14 CFR 61.133) sets forth the privileges and limitations of the holder of a commercial pilot certificate. That section states, in pertinent part, that a person who holds a commercial pilot certificate and who is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation, may act as pilot in command of an aircraft carrying persons or property for compensation or hire; and that person may, for compensation or hire, act as pilot in command of an aircraft.
Section 61.23 (14 CFR 61.23) sets forth the medical certificate requirements (first-class, second-class, third-class, or no medical certificate) when conducting various pilot operations. That section states, in pertinent part, that a person must hold at least a second-class medical certificate when exercising the privileges of a commercial pilot certificate and at least a third-class medical certificate when exercising the privileges of a private pilot certificate.
In order for a person to act as pilot in command of an aircraft for compensation or hire, a pilot must have at least a commercial pilot certificate and a second-class medical certificate. If no compensation or hire is involved, then a person may act as pilot in command of an aircraft with a private pilot certificate and a third-class medical certificate.
In determining what is considered compensation, it has been the FAA's long-standing policy to define compensation in very broad terms. For example, any reimbursement of expenses (fuel, oil, transportation, lodging, meals, etc.), if conditioned upon the pilot operating the aircraft, would constitute compensation. In addition, the building up of flight time may be compensatory in nature if the pilot does not have to pay the costs of operating the aircraft. While it could be argued that the accumulation of flight time is not always of value to the pilot involved, the FAA does not consider it appropriate to enter into a case-by-case analysis to determine whether the logging of time is of value to a particular pilot, or what the pilot's motives or intentions are on each flight.
Thus, to the extent that the pilot is compensated for fuel and oil for the media rides, logging flight time could also be considered compensation. So to answer your question a commercial certificate is required.
Second, firearms onboard aircraft CFR’s part 107.21 part 108 cover most of your question, Airport Security (Historical only - Replaced by Title 49 Part 1540/1542).
You may want to explain to passenger who arranges for legal carriage of firearms at the airports of departure and destination might find himself liable at intermediate stops. However, he is, and always was, responsible at these intermediate stops for complying with State and local laws. The regulation does not prohibit any activity that is not presently proscribed. The FAA believes a necessary element in the protection of persons traveling in air transportation and in intrastate air transportation is the elimination of unlawful carriage of weapons on every part of the airport. Therefore, the proposed regulations would merely utilize existing State and local laws to meet this objective.
Certificate holders (part 121 and 135), without regard to screening, may not knowingly allow carriage of loaded firearms in checked baggage. Individuals are also prohibited from such carriage by FAR Part 108 and FAR Section 902(1) of the FAAct.
Requirements concerning the carriage of firearms in checked baggage, such as elimination of the need to transport shotguns and sports rifles in locked containers, adding the requirement to secure handguns in locked containers, and establishment of the requirement to declare firearms in checked baggage. An additional amendment was issued with an effective date of March 31, 1980, removing prohibitions against carriage of weapons aboard civil aircraft by military personnel provided the aircraft is ruder charter or contract to the armed forces of the Government of the United States and involves only full plane loads of military personnel.
Section 108.11(d) establishes procedures for carriage of unloaded firearms in checked baggage. These procedures include a passenger declaration to the certificate holder that the firearm is unloaded and assurance that the firearm is carried in a container the certificate holder considers appropriate. Many such containers manufactured specifically for firearms transportation are commercially available. The procedures further provide that where the firearm is other than a shotgun or rifle, the baggage in whìch it is carried must be locked with the passenger retaining the key or combination. All such baggage must be carried in an area inaccessible to passengers and never may be carried in the flight crew compartment.
The bottom line is inaccessible to passengers and as pilot in command it is your duty to dictate.
Denny of Oakland
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