NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is gun on airplane charges
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience handling federal criminal cases. We’ve represented clients in cases that captivated national attention, including the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct matter, and the Alec Baldwin stalking prosecution. If you’re reading this article, you’re probably facing gun charges related to an airport or airplane – and you need to understand what you’re up against.
Gun on airplane charges come in two forms. Federal criminal prosecution under 49 U.S.C. § 46505 carries up to ten years in prison – or twenty years if prosecutors claim you acted with willful disregard for human life. Then there’s the TSA civil penalty, which can reach $17,062 for a single violation. Most people we represent had no intent to bring a gun to the airport. They forgot it was in their bag, they didn’t realize the rules applied to them, they thought TSA wouldn’t notice. Federal prosecutors don’t care about your excuse.
The Federal Criminal Statute
Title 49, Section 46505 makes it a federal crime to carry a concealed dangerous weapon that would be accessible during flight, to place a loaded firearm in property not accessible to passengers, or to place an explosive on an aircraft. The statute defines “loaded firearm” as any weapon designed to expel a projectile through an explosive that has a cartridge, detonator, or powder in the chamber, magazine, cylinder, or clip.
You don’t have to make it onto the plane to violate this law. Getting caught at the TSA checkpoint is enough. The maximum sentence is ten years in federal prison – or twenty years if the government proves you acted “willfully and without regard for the safety of human life.”
You can legally transport a firearm on a commercial flight if you declare it to the airline, pack it unloaded in a hard-sided locked container, and check it as luggage. Most people charged under this statute tried to bring the gun through the checkpoint in carry-on baggage.
TSA Civil Penalties and 2024 Statistics
Even if you avoid criminal prosecution, TSA’s civil enforcement system will cost you thousands. For a loaded firearm – and TSA considers a gun “loaded” if both the firearm and ammunition are accessible to you, even if they’re in separate pockets – the penalty ranges from $3,000 to $12,210 for a first violation. Second violations bring $12,210 to $17,062.
TSA intercepted 6,678 firearms at airport security checkpoints in 2024 – ninety-four percent were loaded. When they find a gun, they immediately contact local law enforcement. You’ll be detained, likely arrested. TSA then assesses a civil penalty and refers the case for criminal prosecution. You’ll also lose TSA PreCheck eligibility for at least five years.
What Happens When TSA Finds Your Gun
Your bag goes through the X-ray machine, the TSA officer sees a firearm, and everything stops. TSA calls local airport police or federal agents. They pull you aside, secure the weapon, and start asking questions. Anything you say can be used against you in both the criminal case and the civil penalty proceeding.
People make their biggest mistake here – they try to explain. “I forgot it was there.” “I have a concealed carry permit.” “I didn’t mean to bring it.” Those statements don’t help. The officer writes them in the report, the prosecutor reads it, and now you’ve confessed to possessing the gun at the checkpoint. Your intent doesn’t matter for the basic violation. You possessed a gun at a TSA checkpoint – that’s the crime.
Local police will either arrest you on state charges or release you pending federal review. State charges vary by jurisdiction – North Carolina treats it as a Class 1 misdemeanor with up to 120 days in jail, while New Jersey makes it a fourth-degree felony with up to 18 months in prison and a $10,000 fine. Federal prosecutors then decide whether to charge you under 49 U.S.C. § 46505.
Recent Case Shows Real Prison Time
In April 2024, Dedric Dwayne Rivers arrived at Jacksonville International Airport with an undeclared FN509 9mm pistol and ten rounds in his checked luggage. Rivers had prior felony convictions. U.S. District Judge Wendy Berger sentenced him to eighteen months in federal prison in early 2025.
Not every airport gun case results in federal charges – many resolve with state misdemeanors or just the TSA civil penalty. But you can’t assume lighter treatment if the gun was loaded, you have criminal history, or you made incriminating statements to TSA.
The “I Forgot” Defense Doesn’t Protect You
Most of our clients genuinely forgot the gun was in their bag. They packed it weeks earlier for a range trip, they routinely carry for self-defense and forgot to remove it, they grabbed the wrong bag that morning. Federal law doesn’t care. The statute prohibits the conduct – possessing the weapon at the checkpoint or on the aircraft. Prosecutors don’t have to prove you intended to hijack a plane or threaten anyone.
Some defendants argue they had a valid concealed carry permit. Irrelevant. State permits don’t authorize carrying guns through TSA checkpoints or onto commercial aircraft. Federal law preempts state carry laws in the airport sterile area and on planes.
The willfulness element matters for enhanced penalties – going from ten years maximum to twenty years – but not for the basic offense. If prosecutors want to prove willfulness, they’ll point to TSA signage warning about guns, the fact that you’ve flown before and should know the rules, or statements you made. That’s why talking to TSA or police at the checkpoint is almost always a mistake.
How We Defend These Cases
At Spodek Law Group, we’ve handled federal firearms cases for many, many years. The first question is whether federal prosecutors will charge you at all. If the case stays at the state level or remains a civil TSA penalty, we negotiate to minimize fines and avoid criminal conviction.
If federal prosecutors get involved, we challenge their evidence of knowing possession and willfulness. Did you actually know the gun was in that bag? Can they prove it? We also examine TSA’s search procedures for Fourth Amendment violations.
For clients with no criminal history, we push for pretrial diversion or deferred prosecution agreements. That keeps the federal felony conviction off your record – which matters tremendously for employment, professional licenses, and future gun rights. Federal gun convictions trigger consequences beyond prison – you lose your right to possess firearms for life under 18 U.S.C. § 922(g), and if you’re not a U.S. citizen, a firearms conviction often triggers mandatory deportation.
Why You Need Experienced Federal Defense Counsel
Gun on airplane charges involve federal statutes, TSA regulations, aviation security laws, and parallel state charges. The prosecutors are federal Assistant U.S. Attorneys who handle these cases regularly. You need a defense attorney who understands the federal system.
Spodek Law Group handles federal cases nationwide. Our managing partner Todd Spodek is a second-generation criminal defense attorney with extensive experience in complex federal matters. We’ve defended clients in cases that others called unwinnable – that experience matters when you’re facing ten years in federal prison for a gun you forgot was in your laptop bag.
Unlike other law firms that focus on relationships with prosecutors and judges, our loyalty is only to you. We push for dismissals, we challenge weak evidence, we force the government to prove every element.
If you’re facing gun on airplane charges – whether it’s a TSA civil penalty, state charges, or federal prosecution under 49 U.S.C. § 46505 – contact us immediately. We’re available 24/7. Don’t talk to TSA, don’t talk to FBI agents – talk to us first.