Criminal Defense Lawyers

Federal Airport Gun Charges: What Really Happens When TSA Finds Your Firearm

You’re standing at the TSA checkpoint, bags already on the conveyor belt, when the agent signals to a supervisor. Within seconds, your carry-on is pulled aside. The supervisor opens it, and there’s your firearm—the one you completely forgot was in that compartment. Your heart drops. Security calls local police. Other travelers stare as handcuffs click around your wrists. Your flight leaves without you. Your family or business associates wonder where you are, and all you can think is: I’m facing federal gun charges.

Actually—and this is gonna sound weird after what just happened—you’re probly not facing federal charges at all. Let me explain, because this is one of the biggest sources of confusion when people get caught with a firearm at airport security.

The “Federal Charges” Panic: Why Most Airport Gun Cases Are Actually State Crimes

The Transportation Security Administration is a federal agency. Federal agents found you’re gun. So naturally, your facing federal prosecution, right? Not quite. Here’s what most people (and honestly, alot of lawyers who don’t handle these cases) miss: TSA has no criminal prosecution authority. None. They can issue civil fines, they can confiscate you’re weapon, they can call the police—but they can’t criminally charge you with anything.

So who does? In more then 90% of airport gun cases, it’s state or local prosecutors who file criminal charges. If your caught at Charlotte Douglas International Airport in North Carolina, for example, your likely facing a Class 3 misdemeanor under North Carolina state law. Not a federal felony. The difference between these two is, well, the difference between probation with maybe some community service versus years in federal prison.

But there’s an exception—and this is critical, trust me on this. If you’re what’s called a “prohibited person” under federal law, everything changes. Prohibited persons include anyone with:

• A prior felony conviction (even if it was 20 years ago and you’ve been clean since)
• A domestic violence conviction (even a misdemeanor)
• An active restraining order
• A fugitive warrant
• Certain drug convictions

If any of those apply to you, the case will go federal. Under 18 USC 922(g), a prohibited person in possession of a firearm faces up to 10 years in federal prison. There’s mandatory minimum sentencing in many circumstances. This isn’t something you want to mess around with.

So the very first question your attorney should ask—before anything else—is: “Do you have any prior convictions? Any restraining orders? Any warrants?” Because the answer to that determines whether your looking at a state misdemeanor case or a federal felony. Two completley different legal universes.

The Dual-Track Attack: TSA Civil Penalties AND Criminal Charges

Okay so now you understand that the criminal charges are probly at the state level. But here’s where it gets more complicated (yeah, I know, it’s already complicated). Your actually facing two seperate enforcement actions at the same time:

Track 1: TSA Civil Penalties

These are federal administrative fines that TSA can impose regardless of what happens in criminal court. The amounts vary based on what they found:

• Unloaded firearm, improperly packed: $650 to $1,310
• Loaded firearm: $4,100 or higher
• Maximum penalty: $14,950

Here’s what alot of defendants don’t realize untill it’s to late: these civil penalties operate on there own timeline. TSA will send you a “Notice of Violation” first. Then, if they decide to proceed, they send a “Final Notice and Order.” You have 30 days from that Final Notice to either pay the fine or file an appeal.

Thirty days. And that clock starts from the date on the Notice, not from when you recieve it in the mail (which could be weeks after you’re arrest). Miss that deadline, and you’ve forfeited you’re right to challenge the fine. Your stuck paying whatever TSA decided, even if you had valid defenses.

Track 2: Criminal Charges

Seperately from the TSA civil penalty, local prosecutors decide weather to file criminal charges. In North Carolina, this is typically a Class 3 misdemeanor. In other states, the charges vary. The criminal case has it’s own timeline—arraignment, discovery, pretrial motions, possibly trial. This process can take months.

Here’s the trap that catches people all the time: they hire a criminal defense attorney to handle the state charges, and that attorney focuses exclusively on the criminal case. Meanwhile, the 30-day TSA appeal window expires. The defendant ends up paying $10,000 or more in civil penalties that could of been reduced or eliminated if someone had filed an administrative appeal.

You need to fight both tracks. Ideally, you need an attorney who understands both criminal defense and federal administrative law. Or you need two attorneys. Yeah, it’s expensive. But paying a $14,000 TSA fine because you didn’t appeal is way more expensive.

The TSA PreCheck Problem

And there’s one more thing (I know, it keeps getting worse). If you have TSA PreCheck, you’re about to loose it. For at least five years. First offense. If it’s a repeat violation or what TSA considers “egregious” (loaded gun, for example), you might loose PreCheck permanently.

For occasional travelers, this is an annoyance. For business travelers who fly 50 or 100 times a year? Its devastating. Standing in regular security lines every single time, for five years, is hundreds of hours of your life gone. Some corporate executives have told me this penalty is actualy worse then the financial fine.

And here’s the kicker: the PreCheck suspension has it’s own appeal process, seperate from both the criminal case and the civil penalty appeal. It goes through TSA’s Office of Civil Rights. Different office, different procedures, different timeline. You can win your criminal case, get the TSA fine reduced, and still loose PreCheck if you don’t file that third appeal.

Three different systems. Three different deadlines. Three different appeals. This is why people who try to handle these cases without legal help usually end up regreting it.

Loaded vs. Unloaded: Why This Changes EVERYTHING

Lets talk about why TSA cares so much weather you’re gun was loaded. Because this isn’t just about the difference in fines (though that’s significant—$4,100+ for loaded versus $650 for unloaded). Its about how prosecutors and judges percieve you’re intent.

An unloaded firearm in the bottom of a bag suggests someone who went to the shooting range last weekend, put the gun back in there range bag, and then grabbed that same bag for a trip without checking the contents. It’s careless, its illegal, but it’s believable as an honest mistake. Alot of gun owners have the same routine—range bag doubles as a travel bag, and one day they forget to transfer things between bags.

A loaded firearm in an easily accessible compartment tells a different story. Loaded means ready to use. It suggests the person had the gun accessible for self-defense recently—maybe they carry concealed every day. And if your the kind of person who carries a loaded gun daily, how do you “forget” its there? The prosecution argument writes itself: you knew it was there, you wanted it there, and you brought it intentionaly.

Now look, I’ve worked with plenty of people who genuinly did forget they had a loaded gun in there carry-on. Daily carriers develop such automatic habits that the gun becomes like there wallet or keys—always in the same pocket or compartment, so routine that they stop consciously thinking about it. Psychologists call this “habit automaticity.” It’s real.

But proving it in court? That requires expert witnesses. You need a firearms instructor who can testify about how daily carriers develop these unconscious habits. You might need a psychologist who specializes in habit formation and memory to explain to a jury how someone can genuinly forget something they do every single day. These experts cost money—often several thousand dollars each—but in a loaded gun case, there essential.

Without expert testimony, your defense is basically: “I forgot, I promise.” And the prosecutor responds: “A loaded gun in you’re purse, and you forgot? Really?” Jury looks at you skeptically. Judge isn’t impressed. Your credibility is shot (no pun intended).

Here’s something else that matters alot: where in the bag was the gun? Bottom of a suitcase, under clothing and toiletries? That supports the “forgot it was there” story. Front pocket of a backpack, easily accessible? That looks intentional. Location matters as much as loaded versus unloaded status.

So if your facing a loaded gun charge, understand that your defense strategy needs to be alot more sophistocated then just saying “oops.” Your attorney needs to build a case around your habits, your lifestyle, and expert testimony. Its not impossible, but its also not simple.

The “I Forgot” Defense: Where It Works and Where It Fails

Okay so everybody’s first instinct when caught with a gun at TSA is to say: “I honestly forgot it was in there. I didn’t mean to bring it.” And that’s totally natural—in most cases, its actually true. But here’s what you need to understand: that defense works in some places and fails completely in others.

Where “I Forgot” Fails: TSA Civil Penalties

TSA civil penalties are what lawyers call “strict liability.” That means intent doesn’t matter. It doesn’t matter if you forgot, if you didn’t know it was there, if it belonged to you’re spouse and they packed the bag, or if aliens planted it in your luggage while you slept. The gun was in you’re carry-on at a TSA checkpoint, so your responsible. Period.

People get really frustrated with this. “But I’m telling the truth! I genuinly forgot!” I believe you. The TSA officer might even believe you. Doesn’t change anything. Your still paying the fine. The appeals process might reduce the amount based on mitigating factors (first offense, cooperation with officers, etc.), but “I forgot” alone won’t eliminate the penalty.

Where “I Forgot” Works: Criminal Court

Criminal charges, on the other hand, usually do require proof of intent. The prosecutor needs to show you knowingly possessed the firearm in a prohibited location. “I forgot it was there” challenges that knowledge element. It doesn’t guarantee the charges get dismissed, but it gives your attorney something to work with—especially if your a first-time offender with no criminal history and a valid concealed carry permit from you’re home state.

In plea negotiations, “honest mistake” can be the difference between regular probation versus longer probation, or between probation and jail time. At sentencing, judges do consider intent. A person who made a careless error is treated differently than someone who knowingly tried to sneak a gun through security.

The Better Defense: “I Tried to Follow the Rules but Misunderstood”

Here’s something most people don’t know (and most prosecutors don’t talk about): you can legally fly with a firearm. The rules are:

• Firearm must be unloaded
• Packed in a hard-sided, locked case
• Declared to the airline at the ticket counter (not at security)
• Case goes in checked luggage, not carry-on

Do it properly, and thousands of people fly with firearms every day without incident. So here’s a defense strategy that’s sometimes more effective then “I forgot”: argue that you intended to transport the firearm legally but misunderstood the procedure.

Maybe you brought a locking case with you (defense attorney shows receipt for pelican case purchased two days before flight). Maybe you have emails or texts showing you researched airline policies. Maybe you planned to declare it at the ticket counter but got confused about the process. This narrative is: “My client is a responsible gun owner who attempted to follow the law but made a procedural error.” That’s very different from “My client carelessly forgot they had a gun.”

Now this defense only works in certain circumstances—you need evidence of attempted compliance. But its worth considering, because it changes how prosecutors and judges percieve you. Your not a careless person who endangered public safety. Your a law-abiding citizen who tried to do things right and got confused by complicated federal regulations.

The Prosecutor’s Bluff: “Plead Guilty and We’ll Help with the TSA Fine”

Here’s something prosecutors do that absolutely infuriates me (and this is crucial you understand this): they offer plea deals where they promise to “help you get the TSA fine reduced” if you plead guilty to the criminal charges. Sometimes they say they’ll “write a letter to TSA” or “make a recommendation” for leniency.

Don’t. Fall. For. This.

State prosecutors have zero authority over federal TSA civil penalties. None. They can’t reduce them, they can’t eliminate them, they can’t influence the outcome. A letter from a local prosecutor to TSA is worth exactly nothing. TSA doesn’t care what the state criminal case outcome was—they run there own seperate process.

So what happens is: you plead guilty to the misdemeanor charge (now you have a criminal record), pay the court fines and costs, complete probation, and then… you still owe TSA the full civil penalty. You’ve given up your criminal defense in exchange for literally nothing.

If a prosecutor makes this offer, your attorney should call them out on it. Get the promise in writing. Document it. Because if they can’t deliver what they promised (and they can’t), that’s potential grounds for misconduct allegations. Most prosecutors will back off once they realize you know there bluffing.

State Variations and Jurisdictional Traps

So we’ve been talking about these charges in general terms, but the specific state where your arrested matters alot. North Carolina treats airport gun possession as a Class 3 misdemeanor. Texas has it’s own statute with different penalties. Oklahoma, California, Georgia—they all have there own variations. The federal TSA civil penalty is the same everywhere, but the criminal charges depend on state law.

And here’s something even more complicated (I know, it just keeps getting worse): which checkpoint or terminal you were caught at can determine who prosecutes you’re case. Large airports often sit on the borders of multiple counties or have special airport police districts. The jurisdiction can be:

• County prosecutor
• City attorney
• Airport authority
• Special federal enclave (rare, but some airports have these)

Why does this matter? Because different prosecutors have different policies and reputations. Some jurisdictions treat first-time airport gun cases leniently—they focus on the TSA civil penalty and offer pretrial diversion programs. Others are aggressive, viewing any gun at an airport as a serious security threat that deserves jail time.

Two people caught on the same day at the same airport but at different terminals might end up with completely different prosecutors and completely different outcomes. Its not fair, but its reality. This is why experiance matters when choosing an attorney—you want someone who knows the specific jurisdiction and prosecutor who’s handling you’re case.

The Interstate Permit Paradox

A lot of people caught with guns at airports have valid concealed carry permits from there home state. And there first reaction is: “But I’m legal to carry! I have a permit!” This is what I call the interstate permit paradox, and its important you understand it.

Yes, you’re concealed carry permit means your a legal gun owner in your state. But airports are federal gun-free zones, regardless of state permits. Your state-issued CCW has no authority over federal property. So the permit doesn’t work as a defense—it won’t get the charges dismissed.

However (and this is important), a valid carry permit is a powerful mitigating factor. It shows your not some criminal with an illegal gun. Your a responsible, law-abiding gun owner who went through background checks and training. Judges and prosecutors treat permitted carriers very differently from unlicensed gun possessors.

Use the permit strategically. It won’t get you off, but it drastically improves you’re position at sentencing. First-time offender + valid CCW permit + honest mistake = much higher chance of probation instead of jail.

Realistic Outcomes: What Will Actually Happen to You

Okay lets talk about what your actually facing, because a lot of the stuff you’re reading online is either worst-case scenarios or overly optimistic. Here’s what typically happens in different situations:

First Offense, Unloaded Gun, No Criminal History:

Most common outcome is probation plus fines. In North Carolina, Class 3 misdemeanor can mean 1-30 days in jail, but judges usualy suspend that for first-timers and impose supervised or unsupervised probation instead. Court fines might be $500-$1,000. Plus the TSA civil penalty ($650-$1,310 for unloaded). Many jurisdictions offer pretrial diversion—complete some requirements (community service, gun safety class), and the charges get dismissed.

First Offense, Loaded Gun, No Criminal History:

Same criminal charge (Class 3 misdemeanor in NC), but judges take loaded guns more seriusly. Longer probation period, higher court fines, and some counties will impose short jail sentences (weekends, for example). TSA fine is much higher ($4,100+). Pretrial diversion less likely. Your attorney needs to work harder on mitigation—expert witnesses, character letters, evidence of responsible gun ownership.

Prohibited Person (Prior Felony, Domestic Violence Conviction):

This goes federal. You’re charged under 18 USC 922(g) with being a prohibited person in possession of a firearm. Mandatory minimum sentences apply in many cases—often 5-10 years in federal prison. No pretrial diversion. No probation. Federal sentencing guidelines are strict. If you have any prior convictions, you need a federal defense attorney immediately, not a state misdemeanor lawyer.

TSA PreCheck Suspension:

Across all categories: first offense = 5-year suspension from TSA PreCheck. Repeat offense or “egregious” circumstances (loaded gun, prohibited person) = permanent ban. There’s a seperate appeal process through TSA’s Office of Civil Rights, but the burden is on you to show mitigating factors. Most suspensions are upheld.

Timing Matters: The Q4 Advantage

Here’s something defense attorneys know but don’t talk about much: when your case goes through the system affects the outcome. Cases arrested in June or July—peak travel season—get maximum attention from prosecutors. TSA releases quarterly statistics in April highlighting record gun catches, which puts political pressure on local prosecutors to “do something” about airport security.

But cases that reach plea negotiation phase in November or December? Court backlogs are huge. Prosecutors want to clear there dockets before holidays. They’re more willing to offer favorable plea deals just to close files. If your arrested in summer, sometimes the best strategy is to slow things down—file discovery motions, request continuances—to push negotiations into Q4 when prosecutors are more flexible.

Its not a guarantee, but its prosecutorial economics. Overworked prosecutors with 200 cases on there desk in December are alot more reasonable then well-rested prosecutors in March with only 50 pending cases.

What to Do Right Now

If your reading this because you’ve already been caught with a firearm at airport security, here are you’re immediate action steps (and seriously, do these things today, not next week):

Step 1: Stop talking

You’ve probably already given a statement to TSA or police. Don’t give any more. “I want to speak with an attorney” is the only thing you should say from now on. Even if officers seem friendly and sympathetic. Even if they say “this will help your case.” It won’t. Anything you say can only hurt you—it can’t help at this stage.

Step 2: Document everything

Write down every detail you can remember while its fresh: What time? Which terminal? Which checkpoint? Names or badge numbers of officers? Exactly what they said to you? How they found the gun (X-ray, physical search, etc.)? What condition was the gun in (loaded, unloaded, location in bag)? Where were you traveling from and to? This information becomes crucial later.

Step 3: Determine which charges you’re facing

Criminal charges (state or federal) versus TSA civil penalty versus both? Look at any paperwork you were given. If your not sure, call the courthouse or check online court records. You need to know what your dealing with before you can address it properly.

Step 4: Calendar critical deadlines

When is you’re first court date (arraignment)? When did TSA mail the violation notice (or when will they)? Remember, you’ve only got 30 days from the TSA Final Notice to appeal. Missing that deadline costs you thousands of dollars. Put reminders in your phone, on your calendar, everywhere.

Step 5: Find the right attorney

Not just any criminal defense lawyer. You need someone who has experiance with airport gun cases specifically and understands both the criminal side and the TSA administrative side. Ask: “Have you handled TSA civil penalty appeals before?” If they say “uh, I focus on the criminal charges,” that’s a red flag. You need dual-track defense.

Step 6: If loaded gun, start expert witness search immediately

Don’t wait. Finding qualified expert witnesses (firearms instructors who can testify about daily carry habits, psychologists who specialize in habit automaticity) takes time. If your attorney doesn’t bring this up in a loaded gun case, that’s another red flag.

Step 7: If you have ANY prior convictions, get a federal specialist

Don’t hire a state misdemeanor attorney if your a prohibited person. Even if your case hasn’t gone federal yet, it probably will once prosecutors run you’re background. A lawyer who handles state misdemeanors is not qualified for federal mandatory minimum cases. They’re different worlds.

You Can Survive This

Look, I’m not gonna lie to you—these cases are stressful, there expensive, and they take months to resolve. The dual-track enforcement system (criminal charges plus TSA civil penalties plus PreCheck suspension) is deliberately confusing. Alot of people get caught in traps because they don’t understand all the moving parts untill its to late.

But here’s the good news: most first-time offenders with unloaded guns and no criminal history avoid jail time. You’re looking at probation, fines, community service—inconvenient and expensive, but not life-destroying. Even loaded gun cases can result in reasonable outcomes if your attorney builds a proper defense with expert witnesses.

The key is understanding that “federal” doesn’t mean federal prison for most people. It means TSA (a federal agency) is involved, but your criminal case is probly at the state level. And state misdemeanors, while serious, are manageable with the right defense strategy.

Don’t try to handle this yourself. Don’t trust prosecutors who promise to “help with the TSA fine” if you plead guilty—they can’t. Don’t miss the 30-day TSA appeal deadline. And if you have prior convictions, understand that changes everything. And if you have priors…

Get someone who knows what there doing. Someone who has actually handled these cases before and knows how to fight both tracks simultaneously. The consequences of getting this wrong are to serious to risk with a general practice attorney who’s “willing to figure it out as we go.”

The label says “federal,” but for most people, the path forward is clearer then they think once they understand the system. You can get through this.