What are the fines and penalties for New York City Airport Gun Arrests?
Contents
- 1 What Are the Fines and Penalties for New York City Airport Gun Arrests?
- 2 New York City’s Tough Approach to Airport Gun Arrests
- 3 Possibility of Federal Prosecution
- 4 Dual Sovereignty and Double Jeopardy
- 5 Potential Defense Strategies
- 6 Legal Citations and References
- 7 Consequences of a Conviction
- 8 Working with Spodek Law Group
- 9 Contact Us Today
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:
- 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.
- 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.
- 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.
- 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.
- 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:
- 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
- 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.
- 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.
- 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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