Carrying A Firearm Through a TSA Checkpoint: PART II

A few months ago, Attorney Mike Jacobs from our office wrote a blog about the consequences associated with being charged with carrying a firearm through a TSA (Transportation Security Administration) checkpoint (see http://www.peachstatelawyer.com/gun-at-the-airport/).   Rachel discussed how being charged with carrying a fire arm through the TSA checkpoint generally means you have two cases: a civil case and a criminal case.  The criminal case, in Georgia, will always be in the Clayton County Courthouse because the Hartsfield-Jackson International Airport is within Clayton County’s Jurisdiction.   The civil case is actually a federal case and can be handled in several different ways.  This article will discuss the option our clients have when facing TSA fines in conjunction with a criminal charge for carrying a firearm through a TSA checkpoint.

Most of our clients receive a notice via mail from a TSA representative indicating that they are being assessed a $3000.00 civil penalty for violating 49 C.F.R. §1540.111(a).   The letter will instruct the recipient that the fine will be lowered to $3500.00 fine if paid within 30 days of the receipt of the letter.  This is where many of my clients call in a panic about the prospect of having to pay a $3500.00 on top of the mess they already are dealing with in Clayton County.   Have no fear; there are several options to explore.

The first option would be to just pay the fine and move on with your life, but that’s generally not why you would want to hire an attorney…

The second option would be to challenge the fine in a formal hearing in front of a Federal Administrative Judge.  The TSA representative would then have to present evidence showing that you are in violation of the Federal Code and should be assessed a civil penalty for carrying a firearm through a TSA check point.  However, this option can be tricky.   The code classifies carrying a firearm through a TSA checkpoint as a “strict liability” offense.   That’s a fancy way to say:  you either did or you didn’t.   If the TSA officer is able to present evidence showing that you in fact had a gun while going through a TSA checkpoint, then it doesn’t matter that it was a complete mistake.  Losing this hearing would then leave you at the mercy of the administrative judge.

The third option would be to schedule an informal meeting with an attorney from our office and the General Counsel for TSA.   The General Counsel will let us know what his TSA officers are saying happened.  We then fill in the gaps on how the gun got there.   Nine times out of ten, our clients completely forgot their firearm was in their luggage (i.e. carry on, purse, or briefcase).   In addition, we let TSA know how the case is being handled in Clayton County.   We have had a lot of success in having the fine either eliminated or lowered drastically from the original $1500.00 offer.

Our lawyers are trained to handle both the civil and criminal aspects of carrying a firearm through a TSA checkpoint.  Our fee includes representation for both cases.  If you or a friend are facing charges for carrying a firearm through a TSA checkpoint, contact our office today at 404-581-0999.