Carrying a gun into an airport can be a one-way ticket to criminal charges.
There are a lot of misconceptions in general about Florida’s revamped concealed carry law, and that confusion extends to people traveling to the Sunshine State as well as those who live here.
Despite the fact that Florida law now allows permitless carry of firearms for most adult civilians, bringing a gun into an airport is still against the law. Gun possession at FLL Airport in Fort Lauderdale is likely to land you in handcuffs and facing a trip to jail rather than wherever you were originally headed. This is true even if it was purely an accident.
If you’re arrested for gun possession at the airport in Fort Lauderdale, you could be charged under either state law or federal law.
Federal and Florida Laws Prohibiting Gun Possession in AirportsF.S. 790.06(12)(a)(14) is the state law provision that prohibits possession of a gun at an airport. This law specifically states that having or meeting the qualifications for a concealed carry permit does not permit anyone outside of authorized personnel to have a gun in their possession – open or concealed – inside the passenger terminal or sterile area of any airport.
The state law expressly allows civilians to carry a legal firearm into the terminal only if the firearm is encased for shipment purposes of checking that firearm as baggage to be lawfully transported on any aircraft.
The next section of that same statute also notes that firearms are prohibited anywhere that carrying guns is forbidden under federal law. 49 U.S.C. 46314 makes it illegal to knowingly and willfully enter an airport or aircraft while being in violation of security requirements – which include improperly possessing a gun at a TSA security checkpoint. It doesn’t matter whether signs were displayed at the airport notifying you of the restriction. Violation of this section carries a possible penalty of up to one year in prison plus fines – which will be higher if the gun was loaded versus unloaded.
However, you’ll most likely be cited or charged under Florida law because TSA typically brings in local/state authorities when they intercept an unlawfully carried gun at a security checkpoint.
How TSA Responds to Finding a Firearm at Security CheckpointThe Transportation Security Administration (TSA) notes that you are allowed to transport unloaded firearms in a locked, hard-sided container as checked luggage only. You also must declare any firearm and/or ammunition to the airline at the ticket counter when you’re checking your bag. The container has to be completely secure and not accessible; if you have a locked case but it can be easily opened, you won’t be allowed to fly with it. The container the firearm was in when you purchased it may not be adequately secure enough for airline travel.
TSA reportedly stopped more than 6,700 firearms at airport security checkpoints in a single recent year. An estimated 93% of those were loaded, which the agency noted put passengers, crew and personnel at risk of injury in the event of accidental discharge.
Pretty much every year, Fort Lauderdale-Hollywood International Airport (FLL) ranks in the top 10 airports nationally for TSA interception of firearms at airport security checkpoints.
When a firearm is detected at a security checkpoint, TSA officers will immediately contact local law enforcement. Local police will remove the passenger and the firearm from the checkpoint area. Depending on local laws, police may arrest or cite the passenger. (TSA won’t confiscate your guns.)
It doesn’t matter if you’re lawfully allowed to carry the gun in Florida. It doesn’t matter if you’ve got a valid concealed carry license in Florida or another state. A concealed carry license does not protect people who bring concealed firearms into the airport.
TSA is also empowered to issue fines for bringing a firearm to a TSA checkpoint. This is a civil action, but it carries a penalty of up to $15,000 in fines, revocation of TSA PreCheck eligibility for at least five years and could result in enhanced screening procedures if you try to fly in the future.
Because gun possession laws vary from state-to-state, travelers need to make sure they look at the gun laws both in their jurisdictions of origin and destination.
Possible Defenses in Possession of Firearm at FLLEven when it seems the evidence is clearly against you, there are almost always ways a skilled criminal defense attorney can minimize the impact of this situation on your life and your bank account.
We may argue mistake or lack of knowledge, lack of criminal intent or unlawful search and seizure.
Acting quickly is essential to protecting your rights in these cases. The sooner your Fort Lauderdale criminal defense lawyer can be brought into the fold, the faster we can formulate an effective defense strategy. Timely action can substantially impact the outcome of your case.
Contact the experienced Fort Lauderdale criminal defense lawyers at The Ansara Law Firm, by calling (954) 761-4011 or toll-free at (954) 761-4011.