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Caught with a Firearm at a California Airport, Pt.2: Unintentional Possession & Legal Protections
In California and throughout the US, taking a firearm into airport areas where possession of a weapon is explicitly prohibited (“sterile areas”) is a serious offense, and being caught often results in hefty fines and lengthy prison time.
But what if possession is purely unintentional? What if, say, you do have a concealed carry license and having your piece on you is second nature? Or, perhaps, you packed it in your suitcase, not knowing that you need a specialized case to bring it aboard the aircraft?
Regardless of the specifics, the law is still the law, and carrying a loaded firearm in prohibited areas is still a crime. As such, you will need a good San Diego criminal attorney to help prove a lack of intent and minimize the potential repercussions. Let’s see why.
Can you conceal carry in California airport?
In general, no. As we indicated in Part 1 of this article, the CA §171.5 PC makes it illegal to carry weapons at the airport. However, under CA §171.5(f) PC, the exceptions are made for:
- Authorized or on-duty law enforcement officers (state and federal);
- Federal flight deck officers;
- Transportation security officers (only under limited circumstances);
- Military personnel (under official orders).
While it doesn’t constitute active “carrying”, travelers can transport firearms aboard the aircraft, but only if they comply with stringent TSA and airline regulations:
- The firearm must be unloaded and locked in a hard-sided container (such as a pelican case);
- The firearm must be declared to the airport officials at the check-in;
- The firearm must be in a luggage compartment of the plane;
This effectively means that even individuals with a valid concealed carry weapons (CCW) permit cannot bring firearms into the sterile areas of the airport or on the plane.
What is the penal code 25400 in California?
The CA §25400 PC criminalizes any form of CCW on their person while in public, and prescribes legal penalties of up to 3 years in county jail, a fine of up to $10,000, or both. The reason why we mentioned this is that this is a compounding offense, meaning that it can be charged alongside the CA §171.5, potentially enhancing the sentence.
What happens if you accidentally take a gun through TSA in California?
Whether it’s LAX, SAN, or any other airport in the CA, the TSA enforces strict rules when it comes to bringing a (loaded) firearm through their checkpoints. Whether intentionally or otherwise, the most likely course of events will be:
- Detention: You will be prohibited from flying and local law enforcement agencies will be notified;
- Confiscation: The TSA will seize the weapon, along with any other equipment;
- Fines: You’ll be fined per the TSA Enforcement Sanctions Guidance Policy, as follows:
- Loaded firearms (or unloaded firearms with accessible ammunition): $3,000 – $12,210 ($12,210 – $17,062 if it’s a repeat violation);
- Silencers, mufflers, frames and/or receivers: $850 – $1,700;
- Unloaded firearms: $1,500 – $6,130;
- “Criminal referral”: In addition to the aforementioned penalties, your case will be referred to local law enforcement for further handling (in accordance with the California Penal Code).
Which criminal attorney near me in San Diego can best help me if I’m caught unintentionally carrying a loaded firearm at the airport?
Contrary to popular belief, being caught with a firearm at an airport does not mean you’ll automatically end up in jail or paying exorbitant fines – not if you have an adept team from Monder Criminal Lawyer Group by your side.
Our specialists employ a host of proven strategies to prove your innocence in court, including proving you unknowingly brought a weapon or did so unintentionally, violation of probable cause, or that you were under duress (i.e., forced to bring a weapon under threat of harm).
We also have ample experience in other facets of criminal law, ranging from handling charges of car hijacking and minimizing related repercussions, to providing fierce advocacy in cases of domestic violence and much more. Reach out to us today and let us be your legal shield!
