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What are the fines and penalties for New York City Airport Gun Arrests?
|Last Updated on: 4th October 2025, 09:37 pm
If you’re on our website, it’s because you or someone you care about just got arrested for having a firearm at JFK or LaGuardia – and need the best criminal defense attorney. At Spodek Law Group, we understand that, and take this very seriously.
The Port Authority Police just arrested you. You’re heading to Queens Central Booking. You’re terrified. Let me explain exactly what happens next.
Who Arrests You and Where You Go
When TSA finds a gun at JFK or LaGuardia, they don’t arrest you – they call the Port Authority Police Department (PAPD). These are the officers who actually put you in handcuffs.
You get processed at the PAPD station at the airport, then transported to Queens Central Booking. Your arraignment happens at Queens Criminal Court in Kew Gardens – usually within 24 hours.
The Queens District Attorney’s Office prosecutes these cases. Not the feds, not Manhattan – Queens. They have a dedicated team for airport gun arrests, and they prosecute hundreds of these cases every year.
Exactly What You’re Charged With
Here’s what the Queens DA typically charges based on your situation:
Unloaded gun in checked baggage, no NY license:
- Criminal Possession of a Weapon 4th Degree (NY Penal Law § 265.01)
- Class A misdemeanor
- Up to 1 year jail, 3 years probation
Loaded gun anywhere, or unloaded in carry-on:
- Criminal Possession of a Weapon 2nd Degree (NY Penal Law § 265.03)
- Class C felony
- 3.5 to 15 years prison, mandatory minimum 3.5 years
Multiple guns or prior convictions:
- Enhanced charges possible
- Mandatory state prison likely
Plus TSA Civil Penalties: According to TSA’s 2025 civil penalty schedule:
- Unloaded gun: $4,100-$5,370
- Loaded gun: $10,250-$15,000
- Repeat offense: Up to $15,000
(Source: 49 CFR § 1503.401, TSA Civil Penalty Guidelines 2025)
The Reality at Queens Criminal Court
Your arraignment happens at 125-01 Queens Boulevard in Kew Gardens. The judge you get matters – some are reasonable about bail, others aren’t. The Queens DA’s office usually asks for $10,000 to $25,000 bail on felony gun cases, even for first-time offenders with no criminal record.
At Spodek Law Group, we’ve handled these exact cases in this exact courthouse. We know which ADAs are willing to negotiate and which ones want to make examples of out-of-state gun owners. This isn’t our first time at Queens Criminal Court – not by a long shot.
(And yes, we’re the firm that handled Anna Delvey’s case that became the Netflix series – complex cases are what we do.)
Defenses That Work in Queens
The Honest Mistake Defense
Most effective when: You have a valid permit from another state, gun was unloaded in checked baggage, you can prove you fly regularly without incident.
What happens: We negotiate with the Queens DA for an Adjournment in Contemplation of Dismissal (ACD) or disorderly conduct violation. No criminal record.
Safe Passage Protection (18 USC § 926A)
Most effective when: You were connecting through JFK or LaGuardia between two states where your gun is legal, gun was properly secured.
What happens: We file motions arguing federal law preempts NY law. Queens judges are familiar with this defense – some accept it, some don’t.
Someone Else Packed the Bag
Most effective when: Spouse or family member packed your bag, you can prove you weren’t home when packing occurred.
What happens: We force the DA to prove you knew the gun was there. Without knowledge, there’s no possession.
TSA/Airline Screwup
Most effective when: You declared the gun to the airline, have documentation, TSA or airline gave wrong instructions.
What happens: We show you tried to follow the rules. Queens DAs sometimes offer better deals when there’s documented good faith effort.
What PAPD and Queens DA Look For
The Port Authority Police write detailed reports about:
- Exactly where the gun was found
- Whether it was loaded
- What you said when caught (don’t talk without a lawyer)
- Your demeanor and cooperation
The Queens DA’s office considers:
- Your criminal history
- Your gun license status in other states
- Whether you’re a New York resident
- How many guns/how much ammo
They’re tougher on NYC residents who should know better. They’re sometimes more lenient on tourists from gun-friendly states who genuinely didn’t know NYC’s laws.
The Federal Wildcard
While Queens handles most airport gun cases, the feds can take over if:
- You’re prohibited from owning guns (prior felony, restraining order)
- The gun crossed state lines for illegal purposes
- You’re suspected of terrorism or trafficking
Federal prosecution means the Eastern District of New York, not Queens. Different courthouse (Brooklyn), different prosecutors, mandatory minimums. We handle both.
Real Consequences Beyond Criminal Charges
Getting arrested at JFK or LaGuardia means:
- You missed your flight (no refunds)
- TSA PreCheck/Global Entry revoked
- Name on watchlists
- Possible employment issues
- Gun rights affected even in your home state
Your Move Right Now
The PAPD already filed their report. The Queens DA is preparing charges. Every hour you wait makes our job harder.
Here’s what we do immediately:
- Get you out of custody or arrange bail
- Appear with you in Queens Criminal Court
- Start negotiations with the specific ADA on your case
- File motions if negotiations fail
We know Queens Criminal Court. We know the judges, the prosecutors, the system. We know which defenses work and which don’t.
Call Now
888-724-4815
We answer when PAPD is booking you at 2am. We show up at Queens Criminal Court for your arraignment. We fight the Queens DA’s office every step.
Don’t try explaining to PAPD that you have a permit back home. Don’t tell them you didn’t know NYC’s laws. Everything you say becomes evidence.