What to Do When Facing an Airport Firearm Charge?

 Posted on January 11, 2024 in Criminal Law

Traveling with a firearm can lead to serious criminal charges if not done legally and properly. Getting arrested for carrying a gun at an airport is a frightening experience. But there are steps you can take to protect yourself if you end up facing charges.  A Texas criminal defense lawyer can help you navigate this charge.

Understand the Charges

The first thing to understand is what the potential charges are that you may face under federal and state law. The most common charge for carrying a gun to a security checkpoint is “possession of a weapon in a prohibited place” under the Texas Penal Code. This is a third-degree felony punishable by two to 10 years in prison. You may also face charges under federal law for carrying a firearm or ammunition into a secured area of an airport, which can lead to fines and up to 10 years imprisonment. The facts and circumstances will determine the actual charges.

Do Not Make Statements to the Police

If you are detained or arrested, politely decline to answer any questions from police until you have legal counsel present. Anything you say can be used against you. Wait until you have spoken to your attorney before making any statements about what happened. Your lawyer will handle interactions with law enforcement.

Mitigating Factors Matter

An experienced defense attorney will look closely at any potential mitigating factors that could weaken the prosecution’s case. For example, did you mistakenly leave a firearm in your carry-on bag? Were you rushed or stressed heading to the airport? Did you report the issue to the airport staff? While carrying a firearm into a secured area is still unlawful, mitigating circumstances can impact negotiations with prosecutors and sentencing if convicted.

Explore Diversion Programs

For cases involving lawful gun owners with no criminal history, our criminal defense law firm has successfully gotten clients into pretrial diversion programs. These programs involve completing community service, gun safety courses, and other conditions in exchange for the avoidance of criminal convictions. Work cooperatively with your lawyer to see if this sentencing alternative is possible in your case.

Contact a San Antonio, TX, Criminal Defense Lawyer

Being arrested for carrying a firearm at an airport can be scary. But with an experienced San Antonio, TX criminal defense attorney guiding you, these cases can often be reduced or even dismissed. Call Law Offices of Sam H. Lock at 210-226-0965 to get started today.