Fort Lauderdale Criminal Attorney Blog
When travelers are arrested for bringing a firearm through security at Fort Lauderdale-Hollywood International Airport (FLL), they often focus solely on the criminal charges they’re facing. What many don’t realize until it’s too late is that they’re actually confronting two separate legal battles: state criminal prosecution under Florida law and substantial federal civil penalties imposed by the Transportation Security Administration (TSA). Understanding this dual threat is essential to mounting an effective defense, and it’s why working with an experienced Fort Lauderdale criminal defense attorney who understands both dimensions of these cases is crucial.
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.
