What are the Penalties for Carrying a Gun Through Security at an Airport?
The Transportation Security Administration (TSA) was created by the U.S. Department of Homeland Security in response to the terrorist attacks that occurred on September 11, 2001. While the Second Amendment gives you the right to “bear arms,” there are restrictions on where and when a firearm can be in your possession. If you are found carrying a gun through airport security, either on your person or in your carry-on bag, you may be arrested or fined. If you are a repeat offender, then harsher penalties will be imposed.
In this blog, our Greenville weapons charge lawyers discuss TSA gun regulations and penalties if you attempt to carry a gun through airport security.
TSA Regulations on Transporting Firearms
Whereas TSA prohibits individuals from having a firearm at security checkpoints, you are allowed to transport it as checked luggage. However, the firearm must be unloaded and locked in a hard-sided container. At the check-in counter, you must declare all firearm and firearm parts that are in your possession. Although ammunition does not need to be declared, it must be securely packaged.
Federal Penalties
According to 49 CFR §1540.111(a), an individual is not allowed to have a “weapon, explosive, or incendiary” when inspection of a person’s body or accessible property is conducted during security screenings. If you are found in violation of this statute, then you may be sent a Notice by the TSA stating that you are civilly fined $5,000 or a specified lesser amount.
You can attempt to negotiate a lower fine with TSA, but if you ignore the Notice, you will be fined the entire $5,000 penalty. From past experience, our Greenville weapons charge attorneys have successfully been able to negotiate lesser fines with TSA, helping our clients avoid financial hardship. =
Bringing a firearm into an airport may result in criminal charges. If you are found carrying a gun or other firearm through airport security, you may be found in violation of 49 U.S.C. §46314. You may be fined, imprisoned for up to one year, or both. If you intended to violate security procedures to commit a felony, you may be fined, imprisoned for up to 10 years, or both.
Criminal Trespass in South Carolina
If you are found carrying a firearm through airport security in South Carolina, you will be charged with criminal trespass. Under SC Code §16-11-620, if you are convicted, you may be imprisoned for a maximum of 30 days or fined up to $200. If aggravating circumstances exist, more severe penalties may apply. Even though criminal trespass is a misdemeanor offense, you will have a criminal record. This can make it challenging for you to find a job, rent an apartment, or renew professional licensure.
Aggressive Representation from Our Greenville Weapons Charge Attorneys
At Ryan Beasley Law, safeguarding your rights means much more than keeping you out of jail. Our legal team wants to protect your future by offering you skilled representation. If you have recently been accused of violating airport security regulations, the most important step you can take is to contact a Greenville gun charge attorney. To learn more or to arrange your confidential consultation, contact us online or by calling (864) 679-7777.