United States v. Benjamin Harris
Opinion
Opinion
Graber, J.
ORDER
The opinion filed on December 5, 2012, and appearing at 2012 WL 6054778 , is amended as follows:
On opinion pages 933-34, in the carryover paragraph, change “we must read § 46505,” through “By stating” to:
On opinion page 934, change “this interpretation,” to “that interpretation.” and delete “as that statute merely confirms that the term ‘dangerous weapon’ includes such a pocketknife”.
With these amendments, Appellant’s petition for panel rehearing is DENIED. No further petitions for rehearing or petitions for rehearing en banc will be entertained.
OPINION
The question presented is whether 49 U.S.C. § 46505 , which prohibits carrying a “concealed dangerous weapon” on aircraft, is unconstitutionally vague as applied to an airport employee who sneaks a pocketknife with a blade that is almost two-and-a-half inches long past a security checkpoint and then gives it to a passenger who takes it aboard an airplane. Reviewing de novo, United States v. Zhi Yong Guo, 634 F.3d 1119, 1121 (9th Cir.), cert. denied, — U.S. -, 131 S.Ct. 3041 , 180 L.Ed.2d 860 (2011), we hold that the statute is not unconstitutionally vague as applied and, therefore, we affirm.