Federal Airport Gun Charges: TSA Firearm Violations.

TSA security agents frequently encounter firearms during their screenings. However, this does not mean that airport firearm incidents are automatically federal felonies. Once the TSA agent detects a firearm in a passenger’s carry-on bag or on the passenger’s person, the agent hands the situation over to the relevant law enforcement authority. Depending on the circumstances of the incident, the passenger could face anything from a civil TSA penalty to state or federal criminal charges.

Indeed, airport firearm incidents do not automatically translate to federal felony charges. Instead, these incidents can result in:

• State charges;
• Federal charges;
• Civil penalties; and/or,
• A combination of the above.

The outcome of an airport firearm incident, whether it results in a criminal prosecution or a civil penalty, depends on a variety of factors. These include (but are not limited to) the location, the passenger’s conduct, the intent of the individual, the status of the firearm, whether the firearm was in a passenger’s carry-on bag or on their person, and all other relevant facts and circumstances.

Whether a criminal incident should result in state or federal felony charges depends on the specific statute(s) prosecutors use to charge. All airport firearm incidents are not the same, and different criminal statutes apply in different scenarios. Therefore, a felony classification depends not only on the prosecutor’s decision as to which statute(s) to apply but also on the underlying facts.

The location where the firearm was discovered may affect which laws apply and which agencies investigate. The person who discovers the firearm also matters, and they, too, trigger different statutes that may lead to different classifications. If local law enforcement officers find the firearm, then state or federal prosecutors may pursue the individual depending on the location of the discovery and the person’s conduct.

The prosecuting agency for the incident can depend on the airport location, whether the incident triggered TSA or other federal law enforcement intervention, and the alleged conduct involved in the incident.

What Can TSA Do After Finding a Firearm?

When a TSA officer detects a firearm during a screening, the TSA officer’s first step is generally to notify the appropriate law enforcement authority. However, TSA officers also have the authority to take additional steps independently. When TSA officers refer an incident to local authorities, a TSA civil penalty may follow.

As a result of finding a firearm, TSA officers can:

• Issue a warning (typically followed by referral to local law enforcement),
• Issue a correction letter to the passenger,
• Assess a civil penalty against the passenger, or,
• Take no action.

Similar to other TSA screenings, any firearm detection during a security screening requires TSA to take action as necessary. TSA will stop screening and contact local law enforcement, which takes control of the firearm and processes the passenger.

But, unlike other TSA security screenings, when a TSA officer discovers a firearm, he or she must notify the local law enforcement authority immediately. If the TSA officer determines it may be appropriate to issue a civil penalty, TSA may pursue a civil penalty. If the local law enforcement authority chooses to pursue a criminal case, this will in addition to (and it will not replace) any civil penalty assessed by TSA.

Is a TSA civil penalty the same as a criminal conviction or criminal sentence? No, a TSA civil penalty is not a criminal conviction or criminal sentence. An airport firearm incident may lead to a TSA civil penalty, depending on the circumstances and TSA’s exercise of enforcement discretion.

If a TSA civil penalty is imposed, it can range from several hundred dollars to more than $17,000. These penalties are assessed on a per-violation basis, meaning that if a passenger attempts to fly with more than one firearm in a carry-on bag, that could lead to multiple TSA civil penalties.

What if I forgot I had a firearm in my carry-on bag? Airport security screenings can be stressful, and it is possible to simply forget a firearm in a carry-on bag. However, if a TSA agent finds a firearm in your carry-on bag, it will not matter why the firearm was in there. You may still face detention, questioning, confiscation of the firearm, or even criminal charges.

Todd Spodek defended Anna Sorokin, the case Netflix later dramatised as Inventing Anna.

When Do Intent, Firearm Status, and Prior History Change Federal Exposure?

One federal statute frequently used in airport firearm cases is U.S.C. § 46314. This statute makes it a crime to knowingly and willfully enter an aircraft or an airport area that serves an air carrier or foreign air carrier contrary to airport security requirements. Here, “knowingly” means having knowledge of the fact (entering a secure area), and “willfully” does not require specific intent to violate the law.

While some airport firearm cases may involve inadvertent or accidental conduct, lack of criminal intent will not always eliminate the possibility of criminal charges. However, lack of criminal intent may influence the resolution of a case, and it is one of several factors a federal airport defense attorney will consider when assessing potential exposure.

Generally, airport firearm cases present unique challenges to defense lawyers. The evidence that prosecutors gather during these investigations includes TSA screening records, law-enforcement records, and statements that are attributed to the travelers. When you face the possibility of an airport firearm prosecution, your attorney must be prepared to challenge this evidence.

Along with other factors, a prior criminal history can significantly change your exposure in an airport firearm case. For example, individuals with previous felony convictions are prohibited from possessing firearms. If a prohibited possessor attempts to fly with a firearm in their carry-on luggage, they can face federal felony charges for possession. The nature of the prohibited individual’s prior felony conviction(s) may create additional exposure as well.

If you or your loved one is under investigation after an airport firearm incident, it is important to work with an experienced federal airport defense attorney. Your lawyer will examine evidence and facts such as:

• Whether the firearm is operability,
• Whether the firearm is loaded or unloaded,
• The location and storage of the firearm, and,
• Whether the firearm was discovered in a checked or carry-on bag.

Your attorney can evaluate how this evidence can be used to your advantage or used to challenge the prosecutors’ claims.

Along with firearm status, intent requirements are yet another factor that can change the severity of the charges at issue. The specific intent requirements that apply to your case will depend on the statute(s) that prosecutors choose to charge. A federal airport defense attorney can help determine what charges are appropriate based on the specific facts of your case.

How Do Checkpoint Location and Baggage Handling Change the Rules?

A common question that travels face after an airport firearm investigation is: “What if I have a concealed-carry permit?” While Texas state law permits individuals with a valid license to carry a concealed handgun, these law enforcement authority exceptions do not apply to TSA’s rules. TSA prohibits firearms in carry-on luggage except as provided for qualified armed law-enforcement officers and Federal Air Marshals. If travelers try to bring a firearm through a TSA checkpoint, they can face civil and criminal penalties regardless of whether they have a license to carry the handgun concealed.

So how do commercial travelers legally transport firearms? The law allows travelers to transport firearms and other weapons in their checked baggage as long as they comply with federal airport security rules. TSA requires that firearms be:

• Unloaded,
• Secured in locked hard-sided containers,
• Packed in a locked, hard-sided container and declared to the airline before proceeding to the TSA security checkpoint,
• Compliant with the destination’s laws (if applicable),
• Properly declared with the airline (or aviation security), and,
• Declared to the airline at check-in.

What Else Does TSA Require for Transporting Firearms?

In addition to TSA’s transportation requirements, the airline will have policies and procedures to follow. TSA and airlines work together to ensure that all transport of firearms in checked baggage is safe. For example, in addition to declaring the firearm when checking their bag, a traveler may also need to:

• Demonstrate that the weapon is unloaded,
• Demonstrate the weapon has been secured according to TSA requirements, and,
• Affix appropriate labels to the firearm case as required by federal law and the airline’s policies and procedures.

Similar to how a TSA security screening of a passenger’s carry-on luggage triggers different rules and penalties, federal airport security rules have different rules and penalties for firearms in checked baggage. These rules apply only to passengers who are flying on commercial aircraft. TSA rules do not apply to all passengers on private aircraft

What Are the Rules in Texas Airport Firearms Cases?

Texas Penal Code § 46.03 lists secure areas of an airport as examples of where weapon possession is prohibited. This means that even if the offense does not trigger TSA’s rules, criminal penalties can apply based on the presence of a firearm in a secure airport area.

Talk It Through With a Lawyer

Every case turns on its own facts. Todd Spodek is the managing partner of Spodek Law Group, a second generation firm his father opened in 1976, and the firm takes federal criminal and white collar matters nationwide. Call 888 348 8028 to talk it through.