One of the cases we see fairly often is when a well-meaning, smart citizen forgot about a weapon in their carry-on luggage. The charges for possessing a gun in the airport (specifically the secured areas), can be surprising and impactful. Ensuring air travel safety is a major concern shared by both the Transportation Security Administration (TSA) and passengers. The TSA has stringent rules in place to guarantee the well-being of everyone in airports. One crucial aspect of this security involves the strict prohibition of firearms, especially within secured areas. Failure to comply with this regulation can result in substantial civil penalties imposed by the TSA. Now, let’s delve into the federal regulations and statutes that govern firearm possession in airports. We’ll also explore how state laws may differ and discuss the fines associated with violating these regulations.
Federal Regulations and Statutes
The TSA, being a federal agency, is tasked with establishing and upholding regulations concerning airport security across the United States. One of these rules is the prohibition of individuals from carrying firearms or other dangerous weapons in secure areas within airports. This not only applies to the airplanes themselves but also extends to screening checkpoints, boarding zones, and sterile areas beyond security checks.
According to 49 CFR Part 1540.111, individuals caught violating this regulation may face civil penalties imposed by the TSA. The fines can vary widely. They range from thousands to tens of thousands of dollars. The amount varies based on the nature of the violation and any prior infractions. Who decides the amount? The TSA does. The amount varies based on the person’s intent, the seriousness of the breach, and the risk posed to others.
Varying State Laws about Having a Gun in the Airport
It’s worth mentioning that even though the TSA establishes federal regulations, state laws regarding firearms can vary significantly. Some states have more lenient rules when it comes to openly or concealed carrying firearms. However, it’s essential to clarify that these state laws don’t override the TSA regulations in airports. Regardless of local laws, responsible gun owners must remember: firearms in secure airport areas are a violation of federal law.
TSA Backlog of Cases
The TSA is facing a backlog of civil penalty cases related to firearms possession in airports. This backlog has resulted in delays in processing and resolving these cases. However, remember that this backlog does not diminish the seriousness of the offense or exempt violators from potential penalties. The TSA remains committed to ensuring the security of airports. Case load does not discourage enforcement of regulations.
Gun in the Airport: Fines and Penalties
The civil penalties imposed by the TSA for possession of a firearm in secured portions of airports can be substantial. For example, a first-time offense can result in a fine of up to $9,800, while subsequent offenses can lead to penalties of up to $15,600 or higher. These fines are intended to serve as deterrents, emphasizing the severity of the violation and the importance of adhering to airport security protocols.
Take Away Points
Airport security is a shared responsibility between passengers and the TSA. Understanding the regulations and laws surrounding the possession of firearms in secured portions of airports is crucial to maintaining a safe and secure environment for all travelers. While state laws may differ, the TSA’s federal regulations govern airport security and impose significant civil penalties for violations. It is essential to respect and comply with these regulations to ensure the safety and well-being of everyone involved in air travel.
I see new Gun in the Airport cases across my desk every week. Navigating any legal issue can be overwhelming, but Federal charges can be life-changing. If you have been charged with possession of a firearm in an airport, work with an attorney you trust. If I can help, please reach out.
