Accidentally Bringing a Firearm to the Airport
What happens if you accidentally bring a firearm to the Tampa International Airport? If you pack your bags in a hurry, you might forget about a firearm in a carry-on bag. The TSA screener will discover that mistake as soon as you enter the security checkpoint. Every year, Transportation Security Administration (TSA) screeners discover hundreds of firearms and handguns at security checkpoints throughout the airports in Florida.
The only way to legally travel with a firearm on a commercial flight is to ensure it is properly packaged and declared at check-in with the airline. Although firearms can be transported in checked baggage, the firearm must be locked, unloaded, and packed in a hard-sided case. Ammunition must be packed separately.
Over the last ten years, the attorneys at Sammis Law Firm have represented many clients accused of this crime. We work to get the charges completely dropped. If you didn’t realize the firearm was in your carry-on bag, then you are not guilty of any criminal offense.
In Florida, the crime might be charged as a second-degree misdemeanor if you have a concealed carry permit. With no permit, you might be charged with a third-degree felony for possession of a concealed firearm. Bringing a weapon other than a firearm might result in first-degree misdemeanor charges for carrying a concealed weapon.
Of course, the fact that you accidentally brought the firearm to the airport is a defense. An experienced criminal defense attorney could present evidence showing that you are “not guilty” of any crime if you did NOT realize that you were actually in possession of the firearm.
Even if the charges are dropped, you might still be responsible for paying the TSA civil penalty which does not require that you had actual knowledge that the firearm was in the luggage.
An experienced criminal defense attorney can help you during each stage of the case as you fight for the best possible resolution.
Attorney for Firearm Possession at the Airport in Florida
If you were accused of bringing a firearm or weapon to the airport, then contact an experienced criminal defense attorney. We can help you fight any criminal charge in court for possessing a firearm or other dangerous weapon.
The TSA might seek to impose civil penalties in addition to a possible criminal charge. The recommended penalties for accidentally bringing a firearm to the airport start at $2,050 for unloaded guns and $4,100 for loaded guns. Depending on the circumstances, the fines can increase to more than $10,000 per violation. An attorney might be able to help you avoid the civil penalty.
Bringing a firearm to the airport might also result in the traveler having their “trusted traveler status” and TSA PreCheck benefits revoked. The attorneys at Sammis Law Firm represent clients on a wide variety of firearm charges, including brandishing a weapon or illegally possessing the weapon.
Call 813-250-0500.
How Many Firearms Are Seized in Florida Airports?
For the guns seized at the airport in 2020 from January 1st through the end of October 31st, TSA seized:
- 65 firearms at the Orlando International Airport
- 62 firearms at the Fort Lauderdale-Hollywood International Airport
- 57 firearms at the Tampa International Airport
- 43 firearms at the Miami International Airport
- 30 firearms at the Jacksonville International Airport
- 9 firearms at the St.Pete-Clearwater International Airport
What Happens After the Firearm is Discovered?
At trial, either of these crimes requires proof beyond all reasonable doubt that you knew you were in possession of the firearm. Not knowing the firearm was in the carry-on luggage is a defense to the charges.
If you are innocent of the crime, then a criminal defense attorney can help you fight for the charges to be dismissed on the merits. After the charge is dropped, then you might be eligible to expunge any record of the arrest.
In the past few years, officers with the Tampa International Airport Police Department (TIAPD) have arrested dozens of people. In addition to criminal charges, the traveler might also have to pay a civil penalty to TSA. The notice of the civil penalty might take up to a year to arrive.
If you need to travel with a firearm or ammunition, you should check with the airline in advance. Depending on where you are traveling to, the firearm can be checked with your luggage if you declare it. Different rules apply depending on which state you are departing to or arriving from. For international flights, the website of U.S. Customs and Border Protection explains the requirements.
Recent Rates of Firearm Detection at the Airport
Even as the number of passengers coming to the airport dropped in 2020, the number of firearms found in carry-on bags at the security checkpoint areas of the airport continues to rise. TSA screened 75% fewer passengers in July 2020 compared with July 2019. Nevertheless, the rate of detecting firearms is up significantly.
In July 2019, 5.1 firearms per million passengers screened were detected in 2019. In 2020, 15.3 firearms per million passengers screened were detected in 2020.
Nearly eighty percent of guns found by security in July 2019 were loaded. In July 2020, four firearms were located on passengers at the security checkpoint at the Tampa International Airport.
Attorneys for Criminal Investigations at the Airport
The attorneys at Sammis Law Firm represent clients accused of accidentally bringing a firearm or ammunition to the airport without properly declaring it. We also represent clients after their money is seized by law enforcement officers before a domestic or international flight.
Law enforcement officers that seize money at the Tampa International Airport might include officers with the Tampa International Airport Police Department (TIAPD), Customs and Border Protection (CBP), Homeland Security Investigations (HSI), or the Drug Enforcement Administration (DEA).
Money might be seized before a domestic flight if the officer has “probable cause” that the money is involved in drug trafficking or money laundering.
Money might be seized on an international flight if you have more than $10,000 and fail to file a FinCEN 105 Form to declare the currency.
No matter the circumstances, the attorneys at Sammis Law Firm represent clients accused of a crime at the Tampa International Airport.
Call 813-250-0500.
This article was last updated on Tuesday, August 6, 2024.
