40
votes
Airport Security - advanced check, 4th amendment breach
The 4th amendment is irrelevant because you consented to being searched as a condition of passing through security - you don’t have to fly. You cannot revoke that consent once x-ray screening or metal ...
36
votes
Accepted
Born on a plane
Skyborn are a known phenomenon.
Country Citizenship?
Generally, the kid automatically gets citizenship from his mom (and father) through bloodline, so our skyborn on that plane is likely that ...
35
votes
Can you legally have an (unloaded) black powder revolver in your carry-on luggage?
The relevant regulations in 49 CFR 1540 refer to weapons, not firearms, and unless you are specifically permitted, you cannot carry a weapon in your carry-on luggage. The interpretation of "...
22
votes
Accepted
Does Elon Musk have any grounds for legal action against people who track his plane?
Specifically, the threatened action is about stalking and implicit threats to his family. I'm not suggesting that there is a lot of merit to the claim, but that is how he is presenting the argument. ...
15
votes
Does Elon Musk have any grounds for legal action against people who track his plane?
To expand on @user6726's answer, and get into the legal specificities, since the only duty not to do this, really, arises generally out of those predominantly criminal statutes, a "legal action&...
13
votes
Accepted
Can an airline forcibly remove a senior citizen who is wearing a soiled adult diaper?
It depends on what the Contract of Carriage says. Delta Airlines, for US contracts, says under rule 7 that
Delta may refuse to transport any passenger, and may remove any passenger from its aircraft
...
11
votes
Airport Security - advanced check, 4th amendment breach
You have it backwards. The duty is yours, not to book connections that are too tight. (Or the airline if they book the itinerary).
If you book a connection so tight that you have to be OJ Simpson (...
11
votes
Does Elon Musk have any grounds for legal action against people who track his plane?
Just as a clarification to your first sentence, ADSB is only required in certain airspaces and elevations. It is entirely possible and legal to fly private planes from coast to coast without ADSB, ...
11
votes
Can you legally have an (unloaded) black powder revolver in your carry-on luggage?
TSA considers Antique Firearms the same as any other Weapon, even unloaded ones.
CFR 49 § 1540.111 Carriage of weapons, explosives, and incendiaries by individuals.
(a) On an individual's person or ...
10
votes
Can you legally have an (unloaded) black powder revolver in your carry-on luggage?
Black powder guns are considered firearms, they are just treated differently than modern cartridge fed weapons under the sub-set "antique firearms". This category changes how the ATF ...
8
votes
Airport Security - advanced check, 4th amendment breach
The fourth amendment does not apply to TSA searches. Passengers consent to the search as a condition of being allowed to enter the secure area of the airport and to board the plane. A search done ...
8
votes
Airport Security - advanced check, 4th amendment breach
Searching someone based solely on their name is obviously illegal as
per the 4th amendment...I need to transfer flights along this journey
at airport B. Airport B decided to do an advanced search [...
8
votes
Can I object to a flight attendant praising TV characters for 5 minutes?
Do flight attendants have an unlimited leeway of forcing the passengers to listen to their gibberish that are completely unrelated to their duties?
Pretty much, I'd say. It may not be a good ...
7
votes
Accepted
Annoying the TSA, Part II: Fake Contraband
he was arrested despite technically not doing anything wrong
He was arrested because there was probable cause to believe that he was involved in the commission of a felony. The arrest was legal even ...
6
votes
Why does airline benefits program advertising not violate truth-in-advertising laws?
Airline miles are pegged to the miles you fly
For those airlines which still call their points miles (many don’t) you usually earn 1 mile for each full-fare economy nautical mile flown. More for ...
6
votes
Accepted
Is using hidden city ticketing a theft of service?
No-show clauses in airline ticket contracts have been considered by the Tribunal Supremo (the Supreme Court) of Spain, in Judgement 631/2018; see section 6. Importantly, they applied EU legislation, ...
5
votes
Was it legal in 2004 to sell a minor an airline ticket from the US to a foreign country without proof of parental consent?
So far as I can see, no US law required an airline to demand written parental consent for a passenger aged 17 in 2004, nor does any law requires such consent now. A passport could probably have been ...
5
votes
Can meeting of the minds be premised on a dialog with an agent even though terms are accepted on a webpage?
No
As described, Bob and the agent clearly did not have anything like a meeting of the minds necessary to form a contract. In fact, the agent explicitly said they could not accept the booking.
...
4
votes
Can you buy rights to airspace in the US?
A property owner can give you an easement for the air rights of their property, which can allow you to put your own structure over their property or prevent them from putting a structure over their ...
4
votes
Accepted
Why doesn't London airport's Lost Baggage policy conflict with Theft by Finding or other UK law?
A charge of Theft by Finding is unlikely to succeed, as by posting details of found property on the website Heathrow Airport have made a good faith attempt to find the owner.
There might be some ...
4
votes
Accepted
Will I be let into the US if I request a passport from a country in the Trump travel ban?
The newly-reinstated presidential proclamation says (Sec 3(b)) says
The suspension of entry pursuant to section 2 of this proclamation
shall not apply to:
(i) any lawful permanent resident ...
4
votes
Accepted
Destroying the TSA's equipment
Intentional sabotage of a TSA computer system is almost certainly a serious crime and would also almost surely give rise to civil liability, although you might avoid both if you warned the TSA that ...
4
votes
Accepted
I committed a crime against the Weapons Act in Germany - Can I travel there?
As in most cases it depends on the details.
The length of a blade (> 44mm and width > 10) is important and the circumstances.
Assume a fine to something up to € 10000, but a sentence up to 3 years ...
4
votes
Accepted
Is it legal for Turkish Airlines to refuse to refund a cancelled refundable-ticket purchased online?
Turkish airlines states its cancellation policies here – this is what appears to a person in the US, content in Nepal or elsewhere is anyone's guess. The possibility and cost of cancellation depends ...
4
votes
Is it legal for Turkish Airlines to refuse to refund a cancelled refundable-ticket purchased online?
You would need to read your contract
A few points to note:
International air tickets are subject to the law at the port of origin irrespective of the number of flights. So if your return flight ...
4
votes
Does Air France Cancellation policy violate EU 261/2004
Answering my own question after some more research (which I should have done in the first place).
Yes, it's illegal both in the US and in the EU
Many airlines do it anyway because they are desperate ...
4
votes
Was it legal in 2004 to sell a minor an airline ticket from the US to a foreign country without proof of parental consent?
Nothing you describe is illegal. Seventeen-year-olds travel alone by air all the time. Some airlines do not even offer their unaccompanied minor service to seventeen-year-olds. By the end of the ...
4
votes
Was it legal in 2004 to sell a minor an airline ticket from the US to a foreign country without proof of parental consent?
Did the airport/airline or the travel agent break the law?
No. It's perfectly legal to sell an airline ticket to a 17 year old and it's perfectly legal for a 17 year old to travel internationally on ...
4
votes
Who ordered the masks in American airports?
There is a line in airports between the secure zone and the public zone. TSA has broad authority over the secure zone (a post 9-11 fact), and has mandated wearing a mask in its zones of authority. ...
4
votes
What can an Air company do if they get constant, but false alarm threats?
The "Air Company"-airline can't really do a whole lot other than sue for damages. If they do internal investigation, they can provide all the evidence to the appropriate authority (if the ...
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