NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to prison for firearm at airport
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, and we’ve built over 40 years of combined experience handling federal criminal cases that other attorneys won’t touch. You’ve probably heard about some of our work – Todd represented Anna Delvey in the case that became a Netflix series, we handled juror misconduct issues in the Ghislaine Maxwell trial, and we’ve defended clients in cases involving Alec Baldwin. If you’re reading this, you’re likely facing an airport gun charge or worried about what happens next after TSA found your firearm.
This article explains whether airport firearm violations lead to actual prison time – not just fines. You need to understand the difference between TSA civil penalties and criminal prosecution, because both can happen simultaneously.
You Can Absolutely Go to Prison
Federal law makes it a crime to carry weapons in airport secure areas and onto aircraft. Under 49 U.S.C. § 46505, possessing a firearm on an aircraft carries up to 10 years in federal prison – and that jumps to 20 years if someone dies as a result. The statute doesn’t care whether you “forgot” the gun was in your bag or whether you have a valid concealed carry permit.
State charges are more common than federal prosecution. When TSA detects your firearm at screening, they immediately call local law enforcement – who can arrest you on the spot. In New York, airport gun possession is a felony carrying up to 3.5 years in state prison even for first-time offenders. North Carolina treats it as a Class 1 misdemeanor with up to 120 days in jail.
TSA intercepted 6,678 firearms in 2024 – and 93% were loaded. That’s 18 guns found every single day at American airports. Not all of these cases result in prosecution, but many do. Local prosecutors have wide discretion to file charges, and they frequently do so when the weapon was loaded or when you have prior convictions.
Two Separate Punishments Run Simultaneously
TSA will hit you with civil penalties regardless of whether criminal charges are filed. The maximum civil fine is $14,950 per violation as of 2025, according to TSA’s civil enforcement guidelines. This isn’t a criminal matter – it’s a regulatory fine. You don’t go to court, there’s no jury, and the burden of proof is lower than “beyond a reasonable doubt.”
TSA also revokes your PreCheck eligibility for at least five years. Criminal charges proceed on a separate track entirely. The TSA civil penalty has zero impact on whether prosecutors file charges – you’re dealing with two government entities who don’t coordinate their punishments.
At Spodek Law Group – we’ve seen clients shocked to receive a $15,000 TSA bill months after resolving their criminal case with probation.
What Determines Prison vs. Probation
Prosecutors and judges look at specific factors when deciding sentences. A loaded firearm is treated far more seriously than an unloaded one – even though both violate the law. TSA found 93% of intercepted guns were loaded in 2024, which means most defendants face enhanced penalties right out of the gate.
Your criminal history matters enormously. First-time offenders with no prior record often receive probation or deferred prosecution agreements, especially in states where checkpoint violations are misdemeanors. Prior gun convictions or felony records make prison far more likely. Some jurisdictions treat a second airport gun offense as an automatic felony with mandatory minimum sentences.
Whether the gun made it past the checkpoint changes everything. If TSA catches it during screening, you’re typically looking at state charges. If somehow the weapon makes it onto the aircraft – federal prosecutors get involved and the exposure jumps to 10 years under 49 U.S.C. § 46505. Federal cases mean guidelines ranges, mandatory minimums in some situations, and far harsher outcomes than state court.
The type of weapon influences charging decisions. Bringing something unusual – a loaded AR-15 pistol, a gun with an obliterated serial number – signals to prosecutors that this wasn’t an innocent mistake.
Federal Prosecution Is Rare But Devastating
Most airport gun cases never reach federal court. Local prosecutors handle the overwhelming majority as state-level crimes – usually misdemeanors for first offenses. Federal prosecutors have limited resources and generally focus on terrorism, organized crime, and cases involving actual threats to aviation security.
But when feds do prosecute, the consequences are severe. A conviction under 49 U.S.C. § 46505 for carrying a weapon onto an aircraft carries a maximum 10-year sentence – or 20 years if death results. Even defendants with no criminal history face guideline ranges of 18-24 months for basic violations when aggravating factors exist.
Federal cases arise when the weapon actually boards the aircraft, when you make it through screening and TSA only discovers the gun later, or when you combine the gun with other federal crimes. The government also pursues federal charges against repeat offenders who’ve been caught at airports multiple times.
Once federal prosecutors file charges, you’re operating under completely different rules. Federal prosecutors have a 95% conviction rate because they don’t file unless the evidence is overwhelming. Plea agreements typically still involve prison time even for first offenders, though cooperation can reduce sentences.
Defending These Charges Requires Understanding Both Systems
The worst thing you can do after TSA finds your gun is talk to law enforcement without a lawyer. Airport police will ask questions designed to establish knowledge and intent – two elements prosecutors need for conviction. Saying “I forgot it was in there” sounds innocent but actually proves you knowingly possessed the firearm.
Criminal defense in airport gun cases often focuses on knowledge and intent. Prosecutors must prove you knew the firearm was present. If someone else packed your bag, if you’re traveling with multiple bags and grabbed the wrong one, if a family member placed the gun in your luggage without your awareness – these facts can defeat the knowledge element.
The TSA civil penalty operates differently. You receive a Notice of Violation with the proposed fine amount. You can respond with evidence explaining the circumstances, request a reduction based on financial hardship, or request an informal conference. Many people ignore these notices – TSA refers unpaid fines to Treasury for collection and can garnish wages or tax refunds.
At Spodek Law Group, we handle both the criminal case and the TSA civil matter because they require coordination. Sometimes we use the outcome of criminal proceedings to negotiate a reduced TSA fine. Other times we focus on avoiding prison first, then tackle the civil penalty.
Our experience with high-stakes federal cases – the kind that make national news, the kind other lawyers say are unwinnable – means we know how federal prosecutors think. We’ve handled weapons cases, federal fraud cases, cases involving national media attention.
The answer is yes, you absolutely can go to prison for bringing a firearm to an airport. Whether you will go to prison depends on your state’s laws, whether you have a criminal record, whether the gun was loaded, and whether federal prosecutors decide to get involved. Many first offenders avoid prison through probation or deferred prosecution, but that outcome requires skilled defense from the moment TSA finds the weapon.