Firearm violations in airports are treated as serious criminal offenses in Florida due to heightened security concerns and the involvement of state and federal authorities. These cases often arise when a firearm is discovered during TSA screening, at security checkpoints, or within restricted areas of an airport. Even individuals who legally own firearms and have no criminal intent can face arrest and prosecution.
Florida law strictly regulates where firearms may be carried within airport property. While certain areas of an airport may allow lawful firearm possession, sterile areas beyond security checkpoints are heavily restricted, and violations can result in immediate detention, firearm seizure, and criminal charges.
If you are accused of a firearm violation at a Florida airport, the consequences can be severe. These cases may involve both state criminal charges and federal administrative penalties, making experienced legal representation essential.
Gainesville Airport Firearm Violation Defense Lawyer
If you have been accused of unlawfully carrying or possessing a firearm at an airport in Florida, you must act quickly to protect your rights. Airport firearm cases are often treated as high-priority matters and may escalate rapidly due to security concerns.
Dean Galigani of the Galigani Law Firm has years of experience defending clients in Gainesville and throughout Florida against firearm and weapons-related charges. He understands the complex overlap between Florida firearm statutes, airport regulations, and TSA enforcement procedures, and he knows how to challenge arrests based on misunderstanding or misapplication of the law.
Contact the Galigani Law Firm today at (352) 375-0812 for a free consultation if you are facing firearm violation charges at an airport in Gainesville, Ocala, Lake City, or anywhere in Florida.
Information Center
- Definition of Airport Firearm Violations Under Florida Law
- Where Firearms Are Prohibited in Airports
- Common Situations Leading to Airport Firearm Charges
- Penalties for Firearm Violations in Airports in Florida
- Defenses to Airport Firearm Violation Charges
- Role of a Florida Firearm Defense Attorney
- Key Elements the Jury Considers
- Frequently Asked Questions
- Additional Resources
Definition of Airport Firearm Violations Under Florida Law
Firearm violations in airports are governed primarily by Florida Statute § 790.06, § 790.053, and § 790.01, along with federal aviation security regulations. Florida law generally prohibits carrying a firearm into the sterile area of an airport, which includes areas beyond TSA security checkpoints.
A violation may occur when:
- A firearm is carried past a security checkpoint
- A weapon is discovered in carry-on luggage
- A firearm is improperly stored or declared
- A person lacks lawful authorization to possess the firearm in that area
Importantly, criminal liability does not require intent to threaten or harm. Merely possessing a firearm in a prohibited airport area may be sufficient for charges.
Where Firearms Are Prohibited in Airports
Florida law distinguishes between different areas of airport property.
Firearms are generally prohibited in:
- Sterile areas beyond TSA screening
- Boarding gates and passenger terminals past security
- Certain restricted or secured airport facilities
Firearms may be lawfully possessed in:
- Checked luggage if properly declared and stored
- Non-sterile public areas of an airport, depending on circumstances
Misunderstanding these distinctions is a common cause of airport firearm arrests.
Common Situations Leading to Airport Firearm Charges
Airport firearm violation charges often arise from:
- Forgetting a firearm in a carry-on bag
- Accidental possession discovered at TSA screening
- Improper declaration of firearms in checked baggage
- Carrying a firearm while escorting someone through security
- Confusion over concealed carry permissions
- Firearms discovered during secondary screening
Many individuals charged have no criminal history and believed they were complying with the law.
Penalties for Firearm Violations in Airports in Florida
Penalties depend on the specific conduct, firearm type, and prior criminal history.
Misdemeanor Firearm Violations: Certain airport firearm violations may be charged as misdemeanors.
Potential penalties include:
- Up to 1 year in county jail
- Up to $1,000 in fines
- Probation
- Permanent criminal record
Felony Firearm Violations: More serious violations may result in felony charges.
Potential penalties include:
- Up to 5 years or more in Florida State Prison
- Up to $5,000 in fines
- Permanent loss of firearm rights
Additional Consequences
Beyond criminal penalties, airport firearm violations may result in:
- TSA civil fines
- Firearm seizure or forfeiture
- Loss of concealed carry privileges
- Federal scrutiny or travel restrictions
Defenses to Airport Firearm Violation Charges
- Lack of knowledge or accidental possession: Many airport firearm cases involve honest mistakes, such as forgetting a firearm in a bag. Criminal liability may be challenged if the accused lacked knowledge of the firearm’s presence. Prosecutors must still prove knowing possession beyond a reasonable doubt.
- Firearm was not in a prohibited area: The state must establish that the firearm was located in a legally restricted airport area. If the accused remained in a lawful public area or never crossed a security checkpoint, the charge may fail. Precise location matters greatly in these cases.
- Lawful transport and proper declaration: Firearms may be lawfully transported in checked baggage when properly declared and secured. If the accused complied with TSA and airline requirements, criminal charges may not be appropriate. Defense counsel carefully reviews compliance details.
- Unlawful search or detention: Airport searches must still comply with constitutional standards. Improper detention or expansion of screening beyond lawful scope may invalidate evidence. Suppression may result in dismissal.
- Misinterpretation of firearm laws by authorities: Firearm and airport regulations are complex and often misunderstood. Arrests may occur even when conduct is lawful. Demonstrating legal compliance can defeat the charge.
- Insufficient or conflicting evidence: The prosecution must prove possession, location, and knowledge. Inconsistent reports, unclear video, or lack of documentation may create reasonable doubt. The burden remains on the state.
Role of a Florida Firearm Defense Attorney
- Analyzing airport location and security boundaries: A defense attorney determines exactly where the firearm was discovered and whether that area was legally restricted. Small factual distinctions can decide the case. Accurate mapping and documentation are often crucial.
- Reviewing TSA procedures and reports: TSA reports and screening records are not infallible. Defense counsel examines whether procedures were properly followed and whether conclusions are supported by evidence. Errors may undermine the prosecution’s case.
- Challenging possession and knowledge elements: Many cases hinge on whether the accused knowingly possessed the firearm. Defense counsel focuses on accidental possession and lack of awareness. Without proof of knowledge, criminal charges may fail.
- Protecting firearm and concealed carry rights: A conviction can permanently affect gun ownership rights. Defense counsel works to prevent unnecessary forfeiture or revocation. Early legal action is critical.
- Negotiating dismissal or reduction of charges: Many airport firearm cases resolve through dismissal or reduction when intent is lacking. Defense counsel negotiates based on statutory defenses and evidentiary weaknesses. Early intervention improves outcomes.
- Trial representation when necessary: If a case proceeds to trial, defense counsel challenges the state’s interpretation of the law and facts. Jurors must understand complex firearm regulations. Skilled advocacy is essential.
Key Elements the Jury Considers
To convict, the prosecution must prove beyond a reasonable doubt that:
- The defendant possessed a firearm
- The firearm was located in a prohibited airport area
- The defendant acted knowingly
- No lawful exception applied
- The evidence was lawfully obtained
Failure to prove any element requires acquittal.
Frequently Asked Questions
Can I be arrested for accidentally bringing a firearm to the airport?
Yes. Accidental possession does not automatically prevent arrest, but it may be a strong defense.
Does a concealed carry license allow firearms past TSA?
No. Concealed carry licenses do not permit firearms in sterile airport areas.
Can TSA fines apply even if charges are dropped?
Yes. TSA fines are separate from criminal prosecution.
Should I speak to airport police or TSA?
You should consult a criminal defense attorney before making any statements.
Additional Resources
Transportation Security Administration – Firearms and Ammunition – Explains federal requirements for transporting firearms through airports.
Florida Statute § 790.06 – License to Carry Concealed Weapon or Firearm -Defines concealed carry permissions and airport restrictions.
Florida Statute § 790.053 – Open Carry of Weapons – Addresses visibility and location-based firearm prohibitions.
Finding a Firearm Violation Defense Attorney in Gainesville, Florida
Firearm violations at airports often result from confusion about complex laws, but the consequences can still be severe. Early legal guidance is essential to protect your rights, record, and firearm ownership.
Dean Galigani of the Galigani Law Firm represents individuals charged with firearm violations at airports throughout Gainesville, Alachua County, Ocala, Lake City, and across Florida.
If you are facing airport firearm charges, contact the Galigani Law Firm today at (352) 375-0812 for a free consultation and experienced legal representation.
