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Caught with a Firearm at a California Airport, Pt.1: Understanding Charges & Penalties
For reasons that are beyond justified, The Golden State has borderline-extreme rules and regulations when it comes to weapons at its airports – and breaking even a single one can lead to hefty fines and even incarceration.
As such, if you’re caught carrying a (loaded) firearm at a California airport, you will need to fully understand the implications of these charges. This guide will provide the basics, but it is highly recommended to enlist the help of an excellent criminal lawyer in San Diego, as being sentenced for this offense carries severe repercussions.
What does possession of a weapon mean?
Before we get into the airport-specific cases, let’s first define the “possession of a weapon”, specifically a firearm. California law defines two instances of possession of a weapon:
- Direct possession entails holding a weapon or having it on one’s person (i.e., in a holster, pocket, etc.).
- Constructive possession means having the ability to exercise immediate control over a weapon, even if it is not in the person’s direct possession of a weapon (e.g. when the weapon is stored in a suitcase).
Now we can address specific instances of the “weapon” being a (loaded) firearm.
What is the penal code 171.5 B in California?
California Penal Code §171.5 is the primary piece of legislation that criminalizes possession of a weapon at any type of passenger vessel terminal. Subdivision (b) (i.e., CA §171.5(b) PC) specifically makes it unlawful to bring any weapon (firearms included) to the areas beyond the TSA checkpoints, otherwise known as “sterile areas” of the airport.
Failure to comply with these requirements can result in fines of up to $1,000, imprisonment in a county jail for up to 6 months, or both. However, it must be noted that these provisions are cumulative, pursuant to CA §171.5(g) PC.
This means that the potential sentence can be compounded by the application of other laws, specifically Penal Code sections §25850 and §30605, as well as with the Federal Code 49 U.S.C. §46505.
What is the Penal Code 25850 in California?
CA §25850 PC makes it a crime to carry a loaded firearm on one’s person in any public space and, especially, in any public space within a prohibited area – in this case, any part of the airport. Under this statute, carrying a loaded weapon into an airport – even unintentionally – can result in charges under this section, cumulative with the CA §171.5 PC.
What is the penal code for machine gun in California?
California Penal Code §30605 focuses specifically on the possession of assault weapons or .50 BMG rifles. Under this section, it is illegal to possess these weapons, unless specifically authorized under California law. Without this authorization, anyone caught with an assault or .50 BMG weapon could face additional charges (again, cumulative with the aforementioned ones).
What are the federal implications for firearms at the airport?
Federal Code 49 U.S.C. § 46505 prohibits bringing or attempting to bring a loaded firearm onto an aircraft – intentionally or unintentionally. Violation of this law can result in hefty fines under Title 18 U.S.C., up to 10 years of imprisonment, or both – if no death occurs.
Otherwise, the imprisonment term can be increased to 20 to life. It is critical to note that the Federal Code applies independently of California’s Penal Code, meaning that the person can be charged on both counts.
Which criminal lawyer near me in San Diego can best help me if I’m charged with carrying a loaded firearm at the airport?
Whether you’re seeking legal protection for possession of a firearm at the airport case, need fierce representation after being charged with carjacking, or require an adept team to undertake defense for any other type of criminal charges – you’re in the right place.
Monder Criminal Lawyer Group has long been the preferred choice of partner, owing to the years of experience and strategic advocacy we provide to our clients. Contact us today to schedule a consultation at our headquarters near Horton Plazza!
