You’re running late for your flight. You grab your favorite carry-on bag (the same one you took to the shooting range last weekend) and rush to Fort Lauderdale-Hollywood International Airport (FLL). As you place it on the TSA conveyor belt, your heart sinks. The screener’s face changes. Security is called. Within minutes, you’re in handcuffs, facing a third-degree felony charge for carrying a concealed firearm.
The words you utter —”I honestly forgot it was in there”— may be the truth. But in Florida’s criminal justice system, that honest mistake can still result in up to five years in prison, a permanent criminal record, and the loss of your Second Amendment rights. Without experienced legal counsel from a Fort Lauderdale criminal defense attorney who understands the nuances of Florida’s gun laws and airport security violations, your honest mistake could destroy your future.
When Forgetfulness Becomes a Felony
Florida Statutes § 790.06(12)(a) makes it a third-degree felony for any person to possess or carry a concealed firearm in any airport terminal. This statute makes no explicit exception for accidental possession or lack of intent. On its face, the law appears to be a strict liability offense, meaning the state need only prove you possessed the weapon, not that you intended to commit a crime.
Similarly, 18 U.S.C. § 922(g)(3) and federal aviation regulations (49 CFR § 1540.111) prohibit weapons in sterile areas of airports. The Transportation Security Administration (TSA) has zero tolerance for firearms at checkpoints, and federal prosecution is always a possibility in these cases, particularly if the weapon is loaded or if the individual has a prior criminal record.
The stark reality: Florida sees hundreds of airport gun cases each year. In 2023 alone, TSA reported discovering over 6,700 firearms at airport checkpoints nationwide, with Florida airport, including FLL, Miami International, and Orlando International, consistently ranking among the highest for such incidents. Similar numbers of airport gun confiscations by TSA were reported in 2024. The majority of these cases involve lawful gun owners who simply forgot their weapon was in their bag.
Defendants may face consequences at both the state and federal level. State criminal prosecution would most likely be handled by the State Attorney’s Office in the 17th Judicial Circuit. There could also be civil penalties from the TSA. This action would be separate and from the state-level criminal case. The TSA can levy civil fines ranging between $3,000 to $15,000 for a single violation. They can also revoke your TSA PreCheck or Global Entry status for years.
What to Do If You’re Detained at FLL
If your bag is flagged by security for a firearm at the airport, it’s important to stay calm. Easier said than done, of course, but you’ll need a cool head in navigating the next several minutes.
It’s generally a good idea to:
- Invoke your right to silence. Politely say, “I am not going to answer any questions without my lawyer present.” Do not attempt to explain how it got there. Don’t apologize or admit any wrongdoing. Don’t try to talk your way out of the situation. Leave that to your Fort Lauderdale criminal defense lawyer.
- Do not consent to further searches. While TSA has the right to search your bags for security, don’t give permission for them to search other materials, your car, etc. If they ultimately conduct a search anyway, your refusal to give consent gives your attorney grounds to challenge the search, and have any additional evidence against you suppressed.
- Contact an attorney immediately. Ideally, your Fort Lauderdale criminal defense lawyer has the opportunity to take action before the state attorney’s office formally files charges. We can supply evidence of your background and lack of intent. In some cases, that may lead to a resolution through a “Letter of Release” or a diversion program.
At The Ansara Law Firm, we don’t just wait for trial. We take a proactive approach to protecting your future. Our work may include negotiating a pretrial diversion program, available to some first-time offenders. This results in charges being completely dismissed after you meet certain requirements, such as a brief period of supervision and/or a firearms safety course. We can also challenge the evidence. We’ll examine whether the search was conducted properly. We may also assist clients in responding to TSA’s “Notice of Violation” to help reduce federal fines.
Accidentally carrying a gun into FLL shouldn’t mean your future is derailed. If you’ve been cited or arrested, you will need a Broward criminal defense lawyer who understands the nuances of Florida gun laws and the high stakes environment of airport security.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
Firearm Possession Restrictions, Florida Department of Agriculture and Consumer Services
More Blog Entries:
Florida State Charges vs. Federal Penalties: The Dual Threat of an FLL Firearm Arrest, Dec. 5, 2025, Fort Lauderdale Criminal Defense Attorney Blog