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What Happens If I Accidentally Bring A Gun To The Airport?

If you have a firearm or another weapon in your carry–on bag at the airport and don’t realize your mistake until your bag goes through screening, you can end up with a TSA Notice of Violation (NOV) and a substantial civil penalty assessment order. For most individuals, the prospect of being thrown into a lengthy and costly legal battle with the TSA can be daunting. We understand that you may have forgotten that a gun was in your bag and may be mortified to discover that it was hiding among your belongings before you boarded your flight. However, it is possible to mount a defense against your TSA NOV and, with the help of a seasoned criminal defense attorney, have the penalty reduced.

Penalties for Bringing a Gun into the Airport

Accidentally bringing a gun to the airport can have serious legal ramifications. Even if your firearm smuggling was a complete accident, the TSA can fine you up to $10,000 for your crime. Once you get a notice with the civil penalty amount, you will need to pay it within 15 calendar days of receiving it or submit a penalty amount that is otherwise agreed on by the U.S. Department of Homeland Security You may want to request a formal hearing concerning the civil penalty instead.

TSA Evaluation

The TSA will examine various factors when they evaluate your offenses and determine whether or not you deserve a high fine. This includes determining whether or not you concealed the weapon artfully, the number and type of weapons found, any display or use of the weapon, as well as your past history of violations, experience level, and evidence of any attempt to interfere with operations. Attitude is also taken into consideration: if you are repentant and express that you had no idea that you left the weapon in your luggage, you have a better chance of a lesser fine than if you are arrogant and not apologetic. The TSA evaluates age and experience as a flyer, too. It‘s important to note that the penalties for bringing a weapon through security can be criminal, too – in Texas, carrying a concealed weapon is considered a first degree misdemeanor and the charge can be applied in this situation. But, even if you do not intend to bring a weapon onboard, it is still possible to be convicted of criminal charges.

What Is The Charge?

If you are found with a gun in your carry–on luggage, you could be charged any number of serious weapons charges. For instance, you could be accused of carrying a concealed weapon without a permit. This crime is a Class A misdemeanor punishable by up to one year in jail and up to $4,000 in fines. Additional charges could include carrying a concealed weapon in a restricted area (even if you have a permit), which is a Class B punishable by 180 days in jail and a fine of $2,000. This type of crime could even be charged as carrying a concealed firearm, a third–degree felony, punishable by two to 10 years of incarceration and a $10,000 fine.

Legaly Traveling With Firearms

Traveling with a firearm is not illegal. However, you must follow proper guidelines:

• You will not be allowed to travel with a firearm if you are traveling to or from a place that does not allow firearms.
• When you drive to and from the airport, your gun must be unreachable from the passenger area of the car and unloaded.
• The gun must be taken directly from your vehicle to the check-in desk.
• It must be unloaded and carried in a locked, hard-sided container.
• If the case is not completely secure, you will not be able to travel with the firearm. If the case is able to come open while locked, it will not be allowed. TSA has approved a variety of gun cases.
• Depending on the type of gun with which you are traveling, you may be allowed to travel with your firearm in a hard pistol case, a SKB multigun case, or a DLX single rifle case.
• Since your firearm must be unloaded during travel, the law requires that you keep your ammunition in a separate container. A cardboard, metal or wooden box designed to hold ammunition is acceptable.
• You must declare your gun and your ammunition when you check in.

Some airlines have different rules and regulations regarding firearms; make sure that you understand them and follow them correctly if you plan on checking a gun with your baggage. Call your airline to learn more!

Contact The Zendeh Del Law Firm, PLLC, Today

Have you been charged with a serious crime because you accidentally left a firearm in your carry-on bag? At the Zendeh Del Law Firm, PLLC, we have helped clients who have been arrested for weapons offense. Mistakes happen. If you forgot to take a firearm out of your bag before going to the airport, a lawyer from our firm can give you the top-notch legal representation you need. In the past, we have helped clients facing the same charges – let us put our experience to work for you. Whether you’ve been accused of a Class A misdemeanor or a Class C felony, a lawyer from our firm has the know-how and practical experience to help you get the favorable case outcome you need. If you need help with a TSA NOV defense case Contact us to see what a lawyer from the Zendeh Del Law Firm, PLLC, can do for you.

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