What Happens When You Arrive at Airport Security With a Gun
It happens more often than most people realize. A traveler approaches the TSA checkpoint at FLL, places their carry-on bag on the conveyor belt, and suddenly finds themselves surrounded by law enforcement officers. The X-ray machine has detected a firearm in their luggage—perhaps a handgun they forgot was in a side pocket, or one they packed believing they were following proper procedures.
What follows is a cascade of legal consequences that unfolds on two parallel tracks: immediate arrest by local law enforcement for violating Florida state law, and the initiation of federal civil penalty proceedings by the TSA. Each track operates independently, with its own rules, procedures, and potential outcomes. Neither one automatically resolves if you address the other.
The State Criminal Charge: Florida Statute § 790.06
Under Florida law, specifically Florida Statute § 790.06(12), it is a second-degree felony to carry a concealed firearm into “any place where the carrying of firearms is prohibited by federal law.” Airport security checkpoints clearly fall within this prohibition.
Penalties Under Florida State Law
A second-degree felony in Florida carries severe consequences:
- Up to 15 years in state prison
- Up to 15 years of probation
- Fines up to $10,000
- Permanent criminal record
- Loss of firearm rights
- Potential immigration consequences for non-citizens
- Professional licensing implications
- Employment difficulties
Even if you possess a valid Florida concealed weapons permit, it provides no defense to bringing a firearm through airport security. The license does not authorize carrying a weapon in places where federal law prohibits it.
The Criminal Process in Broward County
After arrest at FLL, defendants typically face the following process:
- Initial Arrest and Booking: Local law enforcement (often Broward Sheriff’s Office deputies) will arrest you at the airport, transport you to the main jail facility, and process you into the system.
- First Appearance: Within 24 hours, you’ll appear before a judge who will address bond and ensure you understand the charges.
- Arraignment: You’ll be formally charged and asked to enter a plea.
- Discovery and Negotiations: Your Fort Lauderdale criminal defense attorney will review all evidence, challenge any procedural violations, and negotiate with prosecutors.
- Resolution or Trial: Cases may resolve through dismissal, plea negotiations, or trial depending on the circumstances and strength of the defense.
The Federal Civil Penalty: TSA Fines That Can Exceed $15,000
While many defendants focus entirely on avoiding jail time, they’re often blindsided by a letter arriving weeks or months after their arrest. The TSA, operating under federal authority, assesses substantial civil penalties against individuals who bring firearms through airport security checkpoints—regardless of the outcome of the criminal case.
How TSA Penalties Work
The TSA civil penalty process is entirely separate from state criminal proceedings:
- Initial Notice: The TSA typically sends a Notice of Violation weeks after the incident, proposing a civil penalty.
- Penalty Amounts: As of recent guidelines, TSA fines for firearms violations range from approximately $3,000 to $15,000 for a first offense, depending on various factors including whether the firearm was loaded, whether ammunition was present, and the circumstances of the violation.
- Aggravating Factors: Loaded firearms, accessible ammunition, or prior violations result in higher penalties. The TSA takes the position that bringing a loaded firearm to a checkpoint represents a more serious security threat.
- No Criminal Conviction Required: The TSA can and does impose these fines even if your criminal charges are dismissed, reduced, or you’re found not guilty. These are civil administrative penalties, not criminal sanctions.
The TSA Response Process
When you receive a TSA Notice of Violation, you have a limited time (typically 30 days) to respond. Your options include:
- Pay the proposed fine: This closes the matter but involves no admission of criminal wrongdoing (though it may be used as evidence in state proceedings).
- Submit a written response: You can present mitigating circumstances, explain the situation, and request a reduction in the penalty.
- Request an informal conference: You can discuss the matter with a TSA attorney, present your case, and negotiate a reduced penalty.
- Request a formal hearing: This involves a more formal administrative proceeding before an administrative law judge.
Many people make the mistake of ignoring the TSA notice, assuming it will simply go away or that resolving their criminal case will eliminate the civil penalty. This is a critical error. Failing to respond within the deadline typically results in the proposed penalty becoming final, and the federal government can pursue collection through various means, including tax refunds, wage garnishment, and negative credit reporting.
Why Both Threats Require Coordinated Legal Strategy
The dual nature of FLL firearm arrests creates unique strategic challenges. Decisions made in one proceeding can impact the other:
Evidence Sharing Concerns
Statements or documentation you provide to the TSA during civil penalty negotiations could potentially be used against you in the criminal case. Similarly, how you address the criminal charges may influence TSA penalty considerations.
Timing Considerations
The criminal case typically moves faster than the TSA civil penalty process. However, the criminal case’s outcome—whether dismissal, plea to reduced charges, or conviction—provides important context for TSA negotiations.
Financial and Freedom Priorities
Defendants must weigh the risk of incarceration, criminal record, and civil fines simultaneously. Sometimes, strategic decisions must be made about which threat to prioritize and how to allocate resources.
Character Evidence and Mitigation
Both proceedings allow for presentation of mitigating circumstances, but the standards and effectiveness of such arguments differ. Criminal court may consider factors that the TSA weighs differently, and vice versa.
Common Defenses and Strategic Approaches
An experienced Fort Lauderdale criminal defense attorney will evaluate multiple defense angles for both the criminal charge and the civil penalty:
Criminal Defense Strategies
- Lack of Knowledge or Intent: Florida law requires that you knowingly carry a concealed firearm. If you genuinely forgot the weapon was in your bag, this may provide a defense or mitigating factor. Documentation of your typical practices, travel frequency, and circumstances can support this defense.
- Improper Search or Seizure: If law enforcement violated your constitutional rights during the investigation or arrest, evidence may be suppressed and charges dismissed.
- Lack of Concealment: The statute prohibits concealed carry. If the firearm was not concealed, this may provide a defense, though this is rarely applicable in airport checkpoint situations.
- Diversion Programs: Depending on your criminal history, your attorney may be able to negotiate enrollment in pretrial diversion or intervention programs that can result in charges being dismissed upon successful completion.
- Plea to Reduced Charges: In appropriate cases, prosecutors may agree to reduce charges to a misdemeanor or non-firearm-related offense, significantly reducing potential penalties.
TSA Civil Penalty Mitigation
- First-Time Offender Status: Demonstrating that this is your first violation and that you have an otherwise clean record can help reduce penalties.
- Inadvertent Mistake: Providing context showing this was a genuine oversight—perhaps you traveled directly from a range, were packing in a hurry, or had legitimate security concerns that explain having the firearm with you—can be persuasive.
- Cooperation with Authorities: How you responded when the firearm was discovered matters. Full cooperation and immediate acknowledgment can be mitigating factors.
- Financial Hardship: While this rarely eliminates penalties entirely, demonstrating genuine financial hardship can sometimes result in reduced fines or payment plans.
- Safety Measures Implemented: Showing that you’ve taken steps to ensure this never happens again—such as purchasing specific gun storage solutions, implementing personal checklists, or completing additional firearms safety training—demonstrates responsibility.
The Value of Experienced Local Representation
Navigating both Florida state criminal charges and federal TSA civil penalties requires a Fort Lauderdale criminal defense attorney who understands:
Local Court Dynamics
Broward County prosecutors, judges, and court procedures have specific characteristics. A Fort Lauderdale criminal defense attorney with established relationships and reputation in the local courts brings invaluable advantages in negotiating favorable outcomes.
Federal Administrative Procedures
TSA civil penalty proceedings operate under federal administrative law with unique procedural rules. Experience with these proceedings is essential to effectively negotiate reduced penalties and avoid costly missteps.
Strategic Coordination
Managing both proceedings simultaneously requires careful strategic planning. Your attorney must consider how each decision impacts both the criminal case and the civil penalty, protecting your interests on both fronts.
Collateral Consequences
Beyond the immediate penalties, firearm arrests can affect concealed carry permits, professional licenses, employment, immigration status, and future travel. Comprehensive representation addresses all these dimensions.
Real-World Implications: What’s Actually at Stake
Consider the total potential exposure of an FLL firearm arrest:
- Criminal penalties: Up to 15 years imprisonment and $10,000 in fines
- TSA civil penalty: $3,000 to $15,000 or more
- Attorney fees and costs: Varies by case complexity
- Lost wages: From court appearances, jail time, and employment impacts
- Permanent criminal record: Affecting future employment, housing, and rights
- Travel complications: Potential placement on TSA watchlists or enhanced screening
For someone who made an honest mistake—perhaps a concealed carry permit holder who forgot their firearm was in a laptop bag—the consequences can be life-altering. This is why immediate, experienced legal representation is not a luxury but a necessity.
Steps to Take Immediately After an FLL Firearm Arrest
If you or a loved one has been arrested for bringing a firearm through security at Fort Lauderdale-Hollywood International Airport:
- Exercise your right to remain silent: Politely decline to answer questions without an attorney present. Even explanations that seem helpful can be used against you.
- Contact a Fort Lauderdale criminal defense attorney immediately: Time is critical for evidence preservation, witness interviews, and early case strategy.
- Document everything you remember: Write down exactly what happened, what you said, and what officers said. Memory fades quickly.
- Preserve evidence: If you have documentation of when you purchased the firearm, your typical travel patterns, or other relevant information, secure it immediately.
- Do not ignore TSA correspondence: When the civil penalty notice arrives, forward it to your attorney immediately and respond before the deadline.
- Do not discuss the case publicly: Avoid posting about the incident on social media or discussing it with anyone other than your attorney.
- Gather character references: Begin compiling letters from employers, community members, and others who can speak to your character and responsibility.
At The Ansara Law Firm, we understand that facing criminal charges and federal civil penalties simultaneously can be overwhelming. Our approach combines aggressive criminal defense with strategic handling of TSA civil penalty proceedings to protect your freedom, your finances, and your future.
Our Fort Lauderdale criminal defense attorneys bring:
- Extensive experience with Florida weapons charges and airport-related offenses
- Knowledge of federal TSA procedures and civil penalty negotiations
- Established relationships with Broward County prosecutors and judges
- A track record of successful case outcomes, including dismissals, reduced charges, and minimized penalties
- Comprehensive representation that addresses every aspect of your case, from criminal court to civil penalties to collateral consequences
We recognize that most people arrested at FLL are not criminals—they’re responsible gun owners who made an honest mistake. Our goal is to resolve both the criminal charges and civil penalties as favorably as possible while protecting your rights at every stage.
Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
Transporting Firearms and Ammunition, TSA
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