§ 2K1.5.
Possessing Dangerous Weapons or Materials While Boarding or Aboard an Aircraft
(a) Base Offense Level: 9
(b) Specific Offense Characteristics
(1) (Apply the greater) If—
(A) 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; or
(B) the defendant was prohibited by another federal law from possessing the weapon or material, increase by 2 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.
Historical note
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 (amendment 534); November 1, 1997 (amendment 560); November 1, 2026 (amendment 837).
Commentary
Statutory provisions
Statutory Provision: 49 U.S.C. § 46505 (formerly 49 U.S.C. § 1472(l)).
Background
Background: This guideline provides an enhancement where the defendant was a person prohibited by federal law from possession of the weapon or material.