United States v. Benjamin Harris
705 F.3d 929
9th Cir.2012Background
- Harris challenges 49 U.S.C. § 46505 as applied to airport employee conduct involving a pocketknife at Long Beach airport.
- Henderson passed through TSA with a pocketknife; TSA required him to move it to checked bag for $30, which he could not pay.
- Harris and Henderson planned to move the knife past security; Harris used his badge/PIN to enter boarding area with the knife.
- Henderson handed the knife to Harris to bypass the checkpoint; the knife was later retrieved by airport staff and Henderson remained on the flight.
- Harris was indicted for conspiracy and aiding/abetting the carrying of a concealed dangerous weapon on an aircraft; § 46505(b)(1) defines a prohibited concealed dangerous weapon.
- District court denied motion to dismiss; Harris entered a conditional guilty plea and appeals the vagueness ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is § 46505 as applied unconstitutionally vague? | Harris argues lack of notice that a two-and-a-half inch knife is prohibited. | Harris contends the statute is vague as applied given the knife length and context. | Not unconstitutionally vague as applied. |
| Does § 46505 provide adequate notice given signs and prior cases? | Harris emphasizes ambiguity despite signs and Hedrick distinction by blade length. | Harris relies on Hedrick’s reasoning and argues blade length distinction matters. | Statute provides adequate notice; not vague as applied. |
Key Cases Cited
- United States v. Guo, 634 F.3d 1119 (9th Cir. 2011) (as-applied vagueness standard acknowledged; cert. denied)
- Hedrick, 207 F. Supp. 2d 710 (S.D. Ohio 2002) (noted as supporting not vague for similar pocketknife context)
- Wallace, 800 F.2d 1509 (9th Cir. 1986) (stun gun as dangerous weapon per se in aviation context)
- Dishman, 486 F.2d 727 (9th Cir. 1973) (starter pistol as dangerous weapon based on capability)
- McLaughlin v. United States, 476 U.S. 16 (1986) (immediate danger from display of unloaded firearm suffices)
- Kilbride, 584 F.3d 1240 (9th Cir. 2009) (enhanced clarity standard for vagueness in criminal statutes)
- Mazurie, 419 U.S. 544 (1975) (case for contextual vagueness analysis in non-First Amendment statutes)
- Williams, 553 U.S. 285 (2008) (standard for vagueness involving criminal sanctions)