ADIZ incursion - where were the lasers?

On Wed, 18 May 2005 07:35:16 -0400, Ron Natalie
wrote:

Larry Dighera wrote:


How does the government justify such a position in the case of
recreational flyers?

Because the courts have interpretted to mean any interstate travel
(even personal or recreational). Don't argue with me, I'm just
telling you how it is.


Are you able to provide any information detailing the government's
revoking a citizen's _right_ to fly? Such a right seems to be
confirmed by the this act:



The Federal Aviation Act would be without meaning without the commerce
clause. It couldn't grant any rights or place any restraints without it.


Sec. 104 [49 U. S. Code 1304]. There is hereby recognized and
declared to exist in behalf of any citizen of the United States a
public right of freedom of transit through the navigable airspace
of the United States.

There two key issues he

1. Right to transit means you can be on a plane through that airspace,
not necessarily that you can pilot it yourself.

2. Navigable airspace doesn't mean all airspace.

There is also the interesting detail that Federal jurisdiction over
airspace means that we do not have to secure permission of every
landowner to fly through the airspace over their land. Imagine what a
nighmare that would be!

Klein

The new owner of the "horse farm" that is under the departure end of RW 30
at Somerset Airport and is a common reporting point, firmly believes that he
owns the airspace above his farm. He has been harrassing the airport for
over a year, sending faxes and calling with tail numbers when he can, any
time someone flies "low" over his house. For a while he had "NO FLY"
painted on the roof of the house. More seriously, he recently got elected
to the Bedminster Town Council, and has been organizing the airport
neighbors against the airport. A lunatic, but a dangerous one.

--
Bob (Chief Pilot, White Knuckle Airways)


"Klein" wrote in message
...
snip

There is also the interesting detail that Federal jurisdiction over
airspace means that we do not have to secure permission of every
landowner to fly through the airspace over their land. Imagine what a
nighmare that would be!

Klein