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What are the fines and penalties for New York City Airport Gun Arrests?

What Are the Fines and Penalties for New York City Airport Gun Arrests?

If you’re on our website, it’s because you—or someone you care about—just got arrested for having a firearm at a New York City airport, and need the best criminal defense attorney. At Spodek Law Group, we understand that, and take this very seriously. Our goal is to provide you the best possible legal representation at all stages of your case.


New York City’s Tough Approach to Airport Gun Arrests

NYC has some of the strictest gun laws in the nation—particularly at JFK and LaGuardia airports. If TSA discovers a gun in your possession, or if there’s an allegation you tried to check a firearm improperly, you might face misdemeanor or felony charges. The severity typically depends on whether the firearm was loaded, whether it was accessible, and whether there are any aggravating factors. Regardless of the situation, we can help you.

  • State Penalties: Under New York Penal Law §§ 265.01–265.03, you could face fines in the thousands and potential prison sentences.
  • TSA Penalties: TSA may impose separate civil penalties, which can also be significant.
  • Long-Term Impact: Our objective is to minimize—or eliminate—long-term consequences like a criminal record, difficulty finding employment, or losing your right to own firearms.

At Spodek Law Group, we focus on getting your charges dismissed or significantly diminished. We take this responsibility extremely seriously because we know you’re looking to preserve your future.


Possibility of Federal Prosecution

In some cases, the federal government might get involved. Federal statutes—like 18 USC § 922(g)—can come into play if there’s evidence the firearm crossed state lines, or if prosecutors believe there’s a violation of federal law. If this occurs, you may face mandatory minimum sentences and federal sentencing guidelines. Our team has experience dealing with some of the toughest legal issues nationwide, which means we can handle both state and federal components of your case.


Dual Sovereignty and Double Jeopardy

When it comes to airport gun offenses, clients sometimes worry about being prosecuted by both the state and the federal government. Under the concept of dual sovereignty, it is legally permissible—but not always common. Regardless of how your case unfolds, our attorneys have over 50 years of combined experience. We can keep track of both state and federal developments in order to help you get the best possible outcome.


Potential Defense Strategies

At Spodek Law Group, our goal is to get the charges against you dismissed, or significantly reduced. Below are a few defense scenarios we’ve seen in NYC airport gun cases:

  1. Lack of Criminal Intent
    • Scenario: You had a valid license in your home state and simply forgot the gun was in your luggage.
    • Strategy: We highlight that you had no criminal intent. We show you’re a law-abiding gun owner who made a mistake. This can lead to dismissals or reduced charges, depending on the facts.
  2. Safe Passage Under 18 USC § 926A
    • Scenario: You were traveling between two states where you can legally possess your firearm, and you got arrested during a layover in New York.
    • Strategy: We argue you complied with the Safe Passage law—meaning your firearm was unloaded, locked, and secured. If the facts support it, the charges might be dropped because you weren’t intending to break local laws.
  3. Mistaken Identity or Unaware of the Weapon
    • Scenario: Another person packed the bag. You had no idea a firearm was inside.
    • Strategy: We force prosecutors to prove you knowingly possessed the gun. If they can’t show beyond a reasonable doubt you were aware of it, the case could be dismissed.
  4. Illegal Search and Seizure
    • Scenario: TSA or airport officers may have discovered the gun through procedures violating your Fourth Amendment rights.
    • Strategy: We file motions to suppress the firearm if the government’s search was improper. If the court grants suppression, the evidence is tossed out—and the prosecution’s case might fail.
  5. Airline/TSA Miscommunication
    • Scenario: You tried to declare the firearm correctly but followed misleading instructions from an airline agent or encountered incorrect signage.
    • Strategy: We demonstrate you were acting in good faith. If it’s provable, it undermines the claim that you had any willful wrongdoing.

Legal Citations and References

Below are references we commonly consult for airport gun arrests:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • New York Penal Law §§ 265.01–265.03 (Criminal Possession of a Weapon)
  • 18 USC § 922(g) (Federal Prohibition on Possession of Firearms in Certain Contexts)
  • 18 USC § 926A (Safe Passage)
  • 49 CFR § 1540.111 (TSA Regulations)

We leverage these statutes and regulations when building an aggressive defense. Our law firm is known for providing the best possible customer service, and for making sure our clients receive the most comprehensive representation possible.


Consequences of a Conviction

If you are convicted—whether at the state or federal level—you could face serious repercussions. This can include fines, jail time, and permanent restrictions on your future. Our team is dedicated to preventing these outcomes. We pride ourselves on having a rock star team of attorneys, who have over 50 years of combined experience. We use that experience to negotiate dismissals, favorable pleas, or full exonerations.


Working with Spodek Law Group

At Spodek Law Group, we are dedicated to providing you the best possible legal representation. We recognize that, at this stage, you might be feeling uncertain about the future—especially with something as serious as a gun arrest at a New York City airport. Our experience handling state and federal crimes nationwide means we can handle cases anywhere in the USA. Our attorneys stay available 24/7, so you can always reach us.

Our Process

  1. Risk-Free Consultation: When you call us, we’ll discuss the specifics of your arrest, potential charges, and any documents you have—like arrest reports or TSA forms.
  2. Case Analysis and Defense Strategy: Once we understand the facts, we map out a plan. This might include gathering witnesses, filing pre-trial motions, or negotiating with prosecutors.
  3. Objective: We focus on getting charges dismissed or substantially diminished. If necessary, we go to trial with a strong defense.

Contact Us Today

We are Spodek Law Group, and we’re here to help. If you or someone you care about is facing an airport gun arrest in New York City, call us for a risk-free consultation. Regardless of the facts of your case, our team of attorneys can provide the guidance you need. Our only objective is to get the case against you dismissed, or significantly diminished—so you can move on with your life. Get in touch with us now, and let us put our years of experience to work for you.

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