Airport gun carry case

[Stegall Law Firm]

I recently represented an individual here in Memphis who quite accidentally brought his gun into the airport and was charged. He was charged with Class A misdemeanor unlawful possession, and also with Class A airport and aircraft security, an unusual Tennessee law which states that it's an offense to unlawfully enter an airport in violation of or contrary to security requirements established by federal law (it's TCA 39-17-109 if you want to look it up). Thankfully he was not charged with any federal violations, although he did have to pay a $1500 fine to TSA.

What happened was that this was basically a huge mental lapse on the client's part, and he realized it right away. He travels a good deal for work, owns a handgun and has a valid carry permit. He went to the airport that day to fly out and simply forgot that he had left the gun in his briefcase. He put the briefcase on the scanner, and, well, you can figure out the rest.

This being a misdemeanor he was not arrested but was instead given a citation. For the same reason he did not have to surrender the permit.

Here's what happened at court. The case was dismissed at costs. We were very relieved. Initially the prosecutor wanted the client to go on judicial diversion, which isn't the end of the world but is not nearly as good as a dismissal. Under diversion the client would have to have pled guilty, gone on supervised probation for 11 months/29 days, then come back to court to have the case dismissed. It would have entailed all kinds of extra fees and costs, in addition to the stigma of being on probation. This was a professional individual who'd never been in any kind of trouble before, and was just careless in the wrong place at the wrong time.

After some finessing with the prosecutor, they agreed to dismiss it if the client paid costs that day. Also, for some reason the prosecutor wanted to see the client's carry permit. (Thankfully he had brought it with him.) The case was dismissed, client paid about $108 in costs, then I had an expungement order prepared and signed right after. Currently I am trying to work with the airport to get the gun back. I don't know if I'll be successful. Since the client did break the law they may not return it.

So the moral of the story is, obviously, don't leave your gun in your bag when you go through security. It's a strict liability crime, so even if you just forget or have no bad intention you can be charged. Interestingly, although the client was charged with class A unlawful possession, since he had a valid permit it appears he should have been charged just with class B possession under 1359. The Memphis airport is posted. But the other charge, the funny one that makes it an offense to enter an airport in violation of federal security laws, would have stuck.

We were lucky in this case, but it could have gotten nasty if the feds decided to get involved. In another jurisdiction, like Nashville or Chattanooga, they may not be so lenient. I think they basically gave the client a break, and saw it for the honest mistake that it was. I was surprised by the $1500 TSA fine (and so was the client), but I guess you can chalk that up to government sticking it to the citizens every way they can.

[Guest peacexxl]

I know a guy, church member who had this same issue. I wonder if it is the same guy. From what he said, he has never been so happy to have to drop that kind of money, considering how badly things could have gone. Even thought he fines hurt quite a bit, it pays to be a good, upstanding citizen.

[CQB Elite]

Thanks for sharing your client's story. It serves as a good reminder to be very careful when it comes to the ownership of firearms.

[Erik88]

this same exact thing happened to a friend of my Mom a few years ago at the Nashville airport. She forgot her Glock 26 was in her purse.

Apparently she didn't learn her lesson because just last week she remembered to take the gun out but forgot about her knife.

[Guest friesepferd]

yea. i make sure that if i am packing to go anywhere i start with an empty bag and put things in it. so i know everything that is in it, and consider whether or not it might be a problem, etc.

[JayC]

Simple solution... drive don't fly... Then you don't have to worry about being disarmed and strip searched

[Guest 270win]

That is an expensive walk through the metal detectors but sounds like it worked out as well as it could for the client. I'm surprised the TSA doesn't have a cash register and credit card scanner ready at the metal detectors to collect for incidents like this. Sadly, that is all the TSA guys catch.

[Guest rsgillmd]

Sounds like something that could have happened to anyone that travels frequently. It also sounds like it's a good thing he had you on his side. Thanks for sharing.

[Guest rsgillmd]

Simple solution... drive don't fly... Then you don't have to worry about being disarmed and strip searched

I've with you JayC. If something is within a 5-6 hour drive, as opposed to a 1-1.5 hour flight, I would rather drive. To many ridiculous restrictions these days, all in the name of "security."

[JayC]

I've with you JayC. If something is within a 5-6 hour drive, as opposed to a 1-1.5 hour flight, I would rather drive. To many ridiculous restrictions these days, all in the name of "security."

Agreed, the price of admition is too high for another episode of "Security Theater"... Doesn't matter if it's 5 hours or 3 days, I'm driving.

[Guest whoa5oh]

i would say that if the case was dismissed the gun should be returned, the weapon was only seized as evidence in a case against him, if the case was dropped there's no longer a valid reason for seizure. he broke no laws, in they eyes of the court, (since they dropped it). i would think there'd be a good case against tsa for theft of property. and i'm still not sure why he was forced to pay a fine enforced by law, if it was determined in the outcome ( the dismissal) that no laws were actually broken, at least not the intent of the law. maybe you could clear this up a little for me, since i'm definately not a lawyer. if you'd like, you could just send it to me in a message, unless someone else here would like to know as well

[dats82]

It is interesting what you say about Nashville not being as forgiving. I have a story to the contrary. Not trying to argue with it, but I think it is a pretty crazy story. I'll try to give you the short version.

A friend of mine was surprised by his girl friend with a trip to Vegas. He did not know he was going to be flying when he packed his bag, and he packed a gun for travel. At the time, he did not have a permit. The gun was left unloaded, but there was ammunition in the same bag. When he found out where they were going, he got so excited and forgot about the gun. When arriving at the airport, they decided he would drop her off to check the bags and such, and he would park the car and meet her at the gate. Needless to say, when he returned from parking the car, he was greated by the airport security. He finally talked them into letting him take the gun back out to car. If that was not bad enough, he also forgot he had a knife in his pocket, so after actually going through security, he had it confiscated. Through all this, he ended up with no fines, charges, etc.

[tnhawk]

Simple solution... drive don't fly... Then you don't have to worry about being disarmed and strip searched

That's my first choice everytime. I've managed to stay out of an airport for several years now.

[TGO David]

Simple solution... drive don't fly... Then you don't have to worry about being disarmed and strip searched

Another absurd one-size fits all solution, eh?

Let me know when you can drive to Europe.

[JayC]

Another absurd one-size fits all solution, eh?

Let me know when you can drive to Europe.

Why on earth would I want to fly to Europe? 12+ hours in small seats with no leg room, bad/no food, and 200 other people? No thank you

Flying to the west coast was barely worth the effort before 9/11, now with the security theater, it's just not worth it.

I understand your point, I'm fortunate to not have to travel by air... and frankly I'm glad, because it's the most uncomfortable method of travel IMHO... add in the strip searches/porn scanners... and the general headache of flying... and for me, the list of places worth getting on a plane again are very few... Europe is for sure not on the list.

[Worriedman]

A different approach to this problem, carry everywhere. That way you are prepared to go to the airport, with the proper case (used to be you could simply remove the magazine and put it in a separate magazine holder, if it was completely enclosed the magazine and rounds in it, but no more, have to have any ammunition in an "approved" box and the magazine must be unloaded). My last stop before heading in to the counter is to remove my little Leatherman pocket tool and my Benchmade and drop them in my checked bag, along with my pistol.

I doubt anyone would have the car rental place take the spare out of their vehicle when they get to a destination.

[DaveTN]

i would say that if the case was dismissed the gun should be returned, the weapon was only seized as evidence in a case against him, if the case was dropped there's no longer a valid reason for seizure. he broke no laws, in they eyes of the court, (since they dropped it). i would think there'd be a good case against tsa for theft of property. and i'm still not sure why he was forced to pay a fine enforced by law, if it was determined in the outcome ( the dismissal) that no laws were actually broken, at least not the intent of the law. maybe you could clear this up a little for me, since i'm definately not a lawyer. if you'd like, you could just send it to me in a message, unless someone else here would like to know as well

I would guess it is because the TSA (a Federal Agency) decided to let the state courts handle it. They could have charged him Federally, I doubt they care what the state court did, and they could still charge him if he tried to make a big deal about the gun. I would guess the price of the gun is gum money compared to what this cost him in fees and legal defense.

Certainly He broke the law. A dismissal doesn't change that; its just means he wasn't convicted.

[Oh Shoot]

... Interestingly, although the client was charged with class A unlawful possession, since he had a valid permit it appears he should have been charged just with class B possession under 1359. The Memphis airport is posted....

Yep, and if he had only been charged with that and you couldn't have gotten him off, surely you could have at least gotten it reduced to the Class B. Might have been our awaited test case on this, too, to see if a conviction of carrying past a sign also caused TNDOS to pull his permit under 39-17-1352. You might have had additional work to do.

...and also with Class A airport and aircraft security, an unusual Tennessee law which states that it's an offense to unlawfully enter an airport in violation of or contrary to security requirements established by federal law (it's TCA 39-17-109 ...

Yeah, statue says "... knowingly trespass or unlawfully enter"....so, lack of intent isn't really a defense. Wow.

All in all I'd say you did a stellar job on this one, counselor!

- OS

[Guest whoa5oh]

i agree that a fine job was done, but i suppose i'm using common sense when refering to federal law which will never make sense. i think if the case is dropped the property should be returned

[bajabuc]

Taking my young son to the airport to visit his grandmother, I put him in the custody of a hostess and was watching him walk out to the plane when the security guys said, "What kind of a dad are you? Go out there and give him a hug." So I did...I walked through the metal detector and out to the plane, gave the kid a hug and walked back through the apparatus...it went off... Of course it did...I was carrying my S&W .22. The security guys went NUTS! Finally I said..."you should have caught me on my way TO the plane, not coming back." I got to keep the gun and no citation. There were some changes the next time I went out to pick him up...but I'd left it in the truck.

[Fallguy]

Thanks for sharing this story. Glad it turned out well (overall) for him.

One reason I pretty much carry everywhere I can (legally) and on my person 99.9% of the time. That way I don't have to remember I'm armed (I already know I am) if I go somewhere or where it is if I have to disarm.

[Oh Shoot]

i agree that a fine job was done, but i suppose i'm using common sense when refering to federal law which will never make sense. i think if the case is dropped the property should be returned

What federal law do you mean?

The guy wasn't charged by the feds.

- OS

[vontar]

Good job getting him off that charge and hope you can get his gun back.

I've with you JayC. If something is within a 5-6 hour drive, as opposed to a 1-1.5 hour flight, I would rather drive. To many ridiculous restrictions these days, all in the name of "security."

8 hours or less drive, I will drive, over 8 I might fly. 8 hours is my Fly verse drive decision.

However I like to drive and would not mind driving cross country if I had a reason.

[Guest whoa5oh]

i was mentioning the threat of any federal laws that might be involved in this case. since it was mentioned that he got off without being charged federally i suppose