NYC Airport Gun Arrests Lawyers

Airports within New York City have become classified as a special zone, and your rights here will be suspended upon entering the airport. Unfortunately, many people only begin to realize this after the fact that they have been arrested, locked up and charged with an airport gun arrest. New York enforces strict and punishing gun laws, and they do not recognize your right to a gun permit or a license from any of the other 49 states. Even pistol licenses aren’t granted by New York, and the people who have flown through may find themselves under arrest even despite them complying with the lawful transportation of these weapons.

Fighting for Freedom

You need someone competent and understanding of law in these fields so that they can fight for you to give you your freedom back. You should never have to face wrongful arrest for a crime that you had not even intended to commit. At Federal Lawyers, we will search all the various laws to help you with finding what will protect you most when you stand before the judge.

The Gun Laws in New York

Gun owners have a right to fly with their weapons as long as they have complied with the TSA rules. For example, the traveler will take his unloaded gun into checked baggage, and it will be locked inside of a hard-sided container, which is completely lawful. This classifies as lawful because the container has been secured. Unfortunately, TSA doesn’t always follow its own rules. You might naturally assume how you have stayed compliant with the TSA laws and followed some of the federal regulations, so you will be okay—wrong!

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Legal Scenario: What Would You Do?

Scenario

You are flying out of JFK Airport for a business trip and declare your legally owned firearm at the airline check-in counter, expecting to follow TSA procedures for checked firearms. Instead of processing your bag, the airline agent calls the Port Authority Police, who place you under arrest for criminal possession of a weapon.

I have a valid concealed carry permit from my home state — how can I be arrested just for trying to legally check my firearm at a New York City airport?

Attorney's Answer

New York does not recognize out-of-state concealed carry permits, and under New York Penal Law § 265.03, criminal possession of a weapon in the second degree is a Class C violent felony carrying a mandatory minimum of 3.5 years in state prison. The federal Firearm Owners Protection Act (FOPA) provides safe passage protections under 18 U.S.C. § 926A, but those protections only apply if you are traveling through New York without stopping — once you interact with airport personnel and declare the weapon in NYC, you have effectively brought the firearm into New York's jurisdiction. An experienced attorney can argue for FOPA protection, challenge the arrest circumstances, or negotiate with the Queens or Brooklyn District Attorney's office to reduce the charge and avoid a mandatory prison sentence.

This is general information only. Contact us for advice specific to your situation.

In the past, it never became a problem. The gun owner presented the weapon to the gate agent for checking it in. It has been licensed and contained securely with a container that had been locked. Unfortunately, police officers suddenly show up with frowns and handcuffs to take you in. The gun owner gets wrongfully taken to jail where he will have no choice but to wait for the hearing. Soon, the gun owner realizes how he faces serious prison time for a felony he never intended to commit. This happens even despite the fact that he followed all the rules concerning guns with the TSA.

The Three State and City Laws