Possessing Dangerous Weapons or Materials While Boarding or Aboard an

Aircraft (a) Base Offense Level: 9 254 ║ Guidelines Manual (November 1, 2024) §2K1.6 (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 hu- man life, increase by 15 levels. (2) If the defendant was prohibited by another federal law from pos- sessing 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 negli- gence, decrease by 3 levels. (c) Cross Reference (1) If the defendant used or possessed the weapon or material in commit- ting or attempting another offense, apply the guideline for such other offense, or §2X1.1 (Attempt, Solicitation, or Conspiracy), as appropri- ate, if the resulting offense level is greater than that determined above. Statutory Provision: 49 U.S.C. § 46505 (formerly 49 U.S.C. § 1472(l)). Commentary 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. 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 (amend- ment 534); November 1, 1997 (amendment 560).