GEORGIA CRIMINAL DEFENSE LAWYER AIRPORT GUN CHARGES - passenger being searched in security

Airport Firearms Violations and Gun Charges

How can you resolve airport gun charges in Georgia? Call today to learn about your options when facing state and federal airport gun charges.

Don’t Worry: You Are Not Alone.


It happens more than you can imagine.

Picture this: You’re weaving your way through the busy airport, your mind preoccupied with the details of your upcoming flight. You approach the long line leading to the airport security checkpoint. You place your laptop bag on the conveyor belt and your shoes in the gray bin. You walk through the familiar metal detectors. Then you are confronted by security and taken into custody. In the rush of packing and planning, you forgot to remove your firearm from the secured pocket of your bag.

You are charged with “Carrying a Weapon or Long Gun at a Commercial Service Airport” (OCGA § 16-11-130.2) and face Federal airport firearm charges as well. Many lawful citizens have found themselves in this very situation. Their well-intentioned protective instincts inadvertently lead to criminal charges. Federal law allows eligible citizens to carry firearms across state lines (with exceptions, such as NFA items, firearms for sale to out-of-state parties, etc.). However, state and federal laws both restrict firearm possession in secured areas of airports.

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Frequently Asked Questions

Georgia law allows the lawful carry of firearms (no license required for long guns, meaning rifles and shotguns; a Georgia Weapons Carry License required for handguns) in ‘unsecured’ areas of the airport, such as airport parking, walkways, and “shops and areas of the terminal that are outside the screening checkpoint” which are open to visitors and those who have not been screened through security. See O.C.G.A. §16-11-130.2. This same code section further provides that lawful Weapons Carry License holders who attempts to enter security with a weapon or long gun has a “right of retreat” and shall not be found guilty of a crime if he or she leaves the restricted access area immediately upon notification a weapon has been found in their belongings.

Federal law differs from Georgia’s law. While Georgia permits a license holder the right to retreat, according to the Federal Bureau of Investigation and the Unites States Attorney, it is still a violation of federal law to bring a firearm through airport security, whether a license is possessed by the offender or not. In other words, even if Georgia grants a license holder safe passage, the federal government may not, and charges may then be filed against you. This puts any citizen in a position where he or she may be cited or arrested under state or federal law for entering airport security and restricted areas with a firearm.

Can you travel with a firearm in your luggage? Individuals are allowed to transport unloaded firearms for travel in a commercial airliner as check-in baggage only. The firearm must be declared to the airline at the check-in counter, and the airline’s procedure must be strictly followed. Of considerable importance is the firearm’s casing, which should be locked to prevent access of any kind. Any violation of these regulations could result in significant penalties from the United States Transportation Security Administration: once a person is arrested for unlawful possession of firearms, the TSA may file a Notice of Violation (NOV) for a civil penalty that, by the TSA’s own information, may be as high as $13,066.00. This is in addition to any criminal penalties that may be imposed (jail time, probation, fines, or all of the above). Given the severity of airport gun charges, all travelers and visitors to the airport should ensure they follow local, state, and federal firearm transportation laws. If you need the assistance of attorneys experienced in defending travelers, contact us today for a consultation.

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Traveling With A Firearm

What about traveling with a firearm in your luggage? Individuals are allowed to transport unloaded firearms for travel in a commercial airliner as check-in baggage only. The firearm must be declared to the airline at the check-in counter, and the airline’s procedure must be strictly followed. Of considerable importance is the firearm's casing, which should be locked to prevent access of any kind. Any violation of these regulations could result in significant penalties from the United States Transportation Security Administration: once a person is arrested for unlawful possession of firearms, the TSA may file a Notice of Violation (NOV) for a civil penalty that, by the TSA’s own information, may be as high as $13,066.00. This is in addition to any criminal penalties that may be imposed (jail time, probation, fines, or all of the above).

Given the severity of airport gun charges, all travelers and visitors to the airport should ensure they follow local, state, and federal firearm transportation laws. If you need the assistance of attorneys experienced in defending travelers, contact us today for a consultation.

Don't Delay!

The TSA May Penalize You as Well

Whether you are arrested by a state agency or detained and charged by a federal agency for attempting to carry a firearm through airport screening - or if NEITHER wishes to charge you - you may still be served with a civil penalty notice by the federal Transportation Security Administration. The TSA can (and will) seek penalties of up to $5000 for first-time offenders who attempt to carry a firearm through the screening facilities they monitor - it can be more for repeat offenders. This is a ‘civil’ fine that has no criminal elements and will not be reported against your criminal history, but it can come with a significant price tag.

Given the severity of airport gun charges, all travelers and visitors to the airport should ensure they follow local, state, and federal firearm transportation laws. If you need the assistance of attorneys experienced in defending travelers, contact us today for a consultation.

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CONTACT AN ATTORNEY FOR THE BEST INFORMATION

Given the severity of airport gun charges, all travelers and visitors to the airport should ensure they follow local, state, and federal firearm transportation laws. If you need the assistance of attorneys experienced in defending travelers, contact us today for a consultation.

Speak to an Attorney!