US · guidelines
U.S.S.G. §2K1.5
Possessing Dangerous Weapons or Materials While Boarding or Aboard an Aircraft
(a) Base Offense Level: 9
(b) Specific Offense Characteristics
If more than one applies, use the greatest:
(1) If the offense was committed willfully and without regard for the
safety of human life, or with reckless disregard for the safety of human life, increase by 15 levels.
(2) If the defendant was prohibited by another federal law from possessing the weapon or material, increase by 2 levels.
(3) If the defendant’s possession of the weapon or material would have
been lawful but for 49 U.S.C. § 46505 and he acted with mere negligence, decrease by 3 levels.
(c) Cross Reference
(1) If the defendant used or possessed the weapon or material in committing or attempting another offense, apply the guideline for such other
offense, or §2X1.1 (Attempt, Solicitation, or Conspiracy), as appropriate, if the resulting offense level is greater than that determined
above.
Commentary
Statutory Provision: 49 U.S.C. § 46505 (formerly 49 U.S.C. § 1472(l)).
Background: This guideline provides an enhancement where the defendant was a person prohibited
by federal law from possession of the weapon or material. A decrease is provided in a case of mere
negligence where the defendant was otherwise authorized to possess the weapon or material.
History
Effective November 1, 1987. Amended effective November 1, 1989 (amendments 182, 186, 187, and 303); November 1, 1991 (amendment 404); November 1, 1992 (amendment 443); November 1, 1995 (amend- ment 534); November 1, 1997 (amendment 560).
Provenance
- Source
- ussc.gov
- Retrieved
- 2026-09-20
- Edition
- ussg-2018
- Content hash
5385801bd24b39829c5732bcffeea0740a6aea0cadabe75ddd524e4f376cd0e1
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