A citizen of the United States has a public right of transit through the navigable airspace.US Code - Section 40103: Sovereignty and use of airspace, aka The Law
I’ve heard it dozens of times since co-founding We Won’t Fly 5 months ago: “There is no right to fly.” Neener-neener. They don’t actually say “neener neener” but I know they want to!
So I was really surprised to find out today that you do, in fact, have a right to fly. It says so right there in US Code (otherwise known as “The Law”). It’s right there in black and white.
Sorry haters!
11 Responses to Turns out you have a Right to Fly After All!
Leave a Reply
Let’s Connect
This has been pointed out several times in recent months.
TSA supporters like TSA themselves, however, just don’t care about The Law. Not when they have to get their jollies from feeling people up.
I’ve been saying this and quoting US Code for months! Thanks for the back up.
49USC40103(a)(2)
https://www.law.cornell.edu/uscode/uscode49/usc_sec_49_00040103—-000-.html
Although as written, the TSA would counter that this applies on so far as a right of guaranteeing disabled passengers the ability to board and fly in planes as guaranteed in the Americans with Disabilities Act.
You don’t think TSA will actually admit we have rights, do you?
The US Code is private law, which is different from Common Law. In private law, they can take away or impose changes to privileges. Common law follows the right to travel. These are not the same things. Flying is just a means/mode of travel.
The issue then becomes jurisdiction. What is your status? You are either free/sovereign, or you are not free(meaning: subject to their jurisdiction). If you are a STATE resident/US citizen, etc., then you are the latter. Meaning: you fall under their jurisdiction because you unwittingly consented to having your allegiance to that body politic. There are a number of ways in which you do so. One is by voting. Other ways are by using an issued Social Security Number, or partaking in some benefit like medicare.
This is also where people get into trouble in regards to taxation. You cannot simply say you are free when the evidence weighs against your testimony. So I say again, you are either free or you are not.
Are you serious?
This is simply not true and is commonly recognized as false. It is highly irresponsible to propagate these claims without doing the proper research since advice like this can cause harm to the people that act on this type of false information.
If you’re basing your conclusions on the tax protestor claims of 14th amendment citizenship not being the same as Constitutional citizenship, you obviously don’t understand the law or the Constitution since our founding document clearly outlines the ability to tax without providing restrictions on who it can tax. Basically it wouldn’t matter what type of citizen you think you are, you are subject to taxation.
If you’re basing your conclusions on the concept of federal zones and jurisdiction of the federal government, the you don’t understand the form of government we have is a federalist system (Hence the federalist papers explaining our government to the citizens, it’s a good read for those that don’t get the Constitution) which means that the federal government does have jurisdictions in the States for laws that are enumerated by the Constitution. The “federal zones” you may be referring to, provided this is your main premise, is simply an extra power of the federal government. Not a restricting power. Remember, the Constitution enumerates powers, not takes them away.
Please do 30 minutes of real research on this subject before spreading false information that could cause innocent people harm.
The citation is 49 U.S.C. s 40103(a)(2) (2010). Up top you should say “Title 49, Section 40103″.
“A citizen of the United States has a public right of transit through the navigable airspace. ”
Start flapping your arms. If you can get off the ground you have a right to fly.
You are confused.
We’re talking about rights, not abilities.
George Donnelly recently posted..Michael Scheuer is My New Hero
Hey maybe the implication is that like during the prohibition, more people will get private pilot licenses and start flying ultralights and makeshift airplanes to avoid TSA B.S. considering that pilots don’t get frisked, hell, they don’t send TSA to tiny municipal airports with scanners and gropers… YET do they? Or is that a whole other secret crime that has been kept quiet by DHS?
Anyway, maybe there will be more private pilots making money shuttling people around with the advertising bonus of no scanning and groping. Though, now that I’ve made this comment and the idea is in the public, I’m sure TSA will end that too and soon the only way to prevent getting groped and x-rayed to death is to hitch-hike wearing a tin-foil hat and horrendous B.O.
GA (general aviation) is exempt from the TSA as far as I know. But not everyone can afford it.
George Donnelly recently posted..Michael Scheuer is My New Hero
How is it any government has jurisdiction over your being, your liberty, your property simply because you had the misfortune of being born within the limits of a fictional entity created by those who demand control over your life?
Under the laws of the United States of America, you are either a citizen (a member of the civil state entitled to all its privileges) or you are an alien (one born out of the jurisdiction of the United States, and who has not been naturalized under the constitution and laws). Why are those your only choices? Why do you not have other options? Why must you conform to laws, rules, and regulations created decades, even centuries before we were born?
See Amgona dot com for the more…