When traveling through Florida’s airports, firearm laws become even more stringent. While Florida permits lawful gun ownership, the Transportation Security Administration (TSA) and federal laws regulate how and where firearms can be brought into airports. Accidentally bringing a gun to a Florida airport can result in severe criminal charges, steep fines, and potential federal penalties, even if it was an honest mistake.
If you’ve been charged with carrying a firearm into an airport, you need experienced legal representation to fight for your rights. Contact Metcalf Falls, Criminal Defense Attorneys, P.A., at (813) 258-4800 or use our online form to schedule a free consultation today.
Florida & Federal Firearm Laws for Airports
Under TSA regulations, travelers may only transport firearms in checked baggage. The firearm must be:
- Unloaded
- Packed in a hard-sided, locked container.
- Declared to the airline during check-in.
Ammunition must also be stored separately and comply with TSA and airline-specific guidelines. Firearms are strictly prohibited in carry-on luggage and beyond security checkpoints.
Florida’s Firearm Laws for Airports
Florida Statute §790.06(12) prohibits carrying a firearm into any portion of an airport where it is expressly forbidden, such as:
- Security screening areas.
- Terminal boarding areas.
- Onboard planes.
Even if you have a valid concealed carry permit, bringing a gun into these restricted areas could lead to criminal charges.
Federal Gun Laws for Airports
Federal regulations, including the Gun Control Act and the Federal Aviation Act, strictly govern firearm possession on airport property. Violating these laws can result in criminal prosecution, including federal charges.
Are There Penalties for Bringing a Firearm to a Florida Airport?
The charges for carrying a firearm into a Florida airport depend on your intent, possession type, and whether you have a concealed carry permit:
- With a permit: Charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
- Without a permit: Charged as a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
Are There Federal Penalties?
Federal consequences can include:
- Fines up to $14,950.
- Criminal charges, such as smuggling or trafficking.
- Loss of TSA PreCheck or Trusted Traveler privileges.
Even accidental possession of a firearm at an airport can lead to TSA fines, which start at $2,050 for unloaded firearms and $4,100 for loaded firearms.
What Are Some Defenses for Firearm Possession at an Airport?
Facing firearm charges doesn’t automatically mean you’ll be convicted. With an experienced attorney, you can present defenses such as:
- Unintentional Possession: If you didn’t realize the firearm was in your bag, it may negate the required intent to commit a crime.
- Violation of Fourth Amendment Rights: If the firearm was discovered through an unlawful search or seizure, evidence may be excluded.
- Improper TSA Procedures: Errors in handling evidence or detaining you at the checkpoint could weaken the case.
- Lack of Knowledge: If you weren’t aware the firearm was in your possession (e.g., someone else packed your bag), this could be a valid defense.
FAQs About Bringing Firearms to Florida Airports
Can I travel with a firearm in Florida airports?
Yes, but the firearm must be in a checked bag, unloaded, locked in a hard-sided case, and declared at check-in. Firearms are not allowed in carry-on bags or beyond security checkpoints.
What happens if TSA finds a firearm in my carry-on?
TSA will notify local law enforcement. Depending on the circumstances, you could face state or federal criminal charges, TSA fines, or both.
Can I be charged if I didn’t know the firearm was in my bag?
Yes, but lack of intent can be a defense. A skilled attorney can argue that you unintentionally violated the law.
How do I avoid TSA fines or penalties?
Always double-check your bags before arriving at the airport. If you must travel with a firearm, ensure it complies with TSA regulations.
Can a lawyer help me fight TSA fines?
Yes, an attorney can help challenge TSA penalties, negotiate reduced fines, and fight criminal charges to protect your record.
Why Work With Our Tampa Gun Charge Attorneys?
Criminal charges at airports carry weighty sentences, some federal. Working with Tampa criminal defense attorney Brett Metcalf gives you the best chance of challenging these charges and protecting your right to own guns. Additionally, potential employers, landlords, and financial institutions might view such an offense as violent, making it difficult to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned firearms lawyer, Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he now uses to his clients’ advantage in defending against firearms charges.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of gun-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett builds a robust defense, aiming for a pretrial dismissal, an acquittal, or minimized penalties based on the specifics of the situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Contact a Tampa Gun Charge Lawyer
Accidentally bringing a firearm to a Florida airport is a common mistake, but it doesn’t have to ruin your future. At Metcalf Falls, Criminal Defense Attorneys, P.A., we have the experience and knowledge to defend you against state and federal firearm charges.
Call us today at (813) 258-4800 or fill out our online form to schedule a free consultation.
