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Being caught with a weapon at John F. Kennedy International (JFK) Airport is a serious offense that comes with fines and potential jail time. The Transportation Security Administration (TSA) prohibits the possession of a weapon at all New York airports, while the state of New York has laws about the possession of a weapon in general.
The TSA imposes heavy fines for having a weapon in an airport, including JFK. Anyone found with a weapon by TSA will be referred to New York authorities for possible criminal charges. If you are accused of possessing a weapon at JFK, contact an experienced Rosenblum Law criminal defense attorney for a free consultation, and learn what your options are and how we might work to get the charges dismissed or reduced.
Understanding Laws Regarding Possession of Weapons at JFK Airport
Under 49 CFR Section 1540.111, it is unlawful for anyone to physically possess a weapon or have one in accessible baggage in an airport, such as their carry-on baggage When properly packed, some weapons can be kept in checked baggage, such as:
- Firearms that are unloaded and secured in a hard-side container may be allowed, but the passenger must declare the firearm to the airline at check-in
- Pocket knives
- Sporting equipment that could be considered a weapon
The TSA considers a firearm to be loaded if the firearm and ammunition are both physically accessible to the passenger. This is true even if the ammunition is not loaded into the firearm.
There are also New York laws that govern weapons. For example, unlawful possession of a weapon is a Class A misdemeanor. Under Section 265.01 of the New York State Penal Code, a weapon can be:
- A firearm
- A dart gun
- A stun gun
- A switchblade knife
- A pilum ballistic knife
- A metal knuckle knife
- A cane sword
- Plastic or metal knuckles
- Slingshot
- Kung fu star
This section of the law applies to unloaded firearms when no other crime has been committed. Aggravated criminal possession of a weapon, a Class C felony, applies when a gun is loaded and the person possessing the weapon intends to use it to harm someone else.
Consequences of Possession of a Weapon at JFK Airport
Someone convicted of possessing a weapon at a New York airport can face substantial fines and criminal charges:
- TSA penalty: One may be fined up to $14,950 by the TSA .
- Class A misdemeanor: This class of criminal charge is levied on those who are caught with an unloaded weapon. This can result in a fine of up to $1,000 and up to one year behind bars.
- Class E felony: Possession of a weapon that is considered an “assault weapon” under New York state law is a Class E felony weapons possession crime. This can result in up to 4 years behind bars.
- Class D felony: If someone already has a Class A misdemeanor weapons possession conviction on their record, they will be charged with a Class D felony, elevating what would normally be a fourth-degree felony charge to a third degree felony charge. Even if someone without a previous record illegally possesses an explosive device, firearm silencer, or machine gun, they will be charged with this class of felony. A Class D felony can result in up to 7 years behind bars.
- Class C felony: Someone will end up with at least one year in prison if convicted of possession of a loaded weapon or possession with intent to use against another person. This crime is classified as second degree illegal possession of weapons. The defendant could be sentenced to as many as 15 years in prison.
- Class B felony: When someone is caught with an explosive substance with intent to use against property or another person, they may be charged with a Class B felony. This class of felony will also be applicable for those caught with ten or more firearms which is classified as first degree illegal possession of weapons. The punishment is up to 25 years behind bars.
A misdemeanor or felony conviction stays on someone’s criminal record, and a convicted felon:
- Is prohibited from voting or carrying firearms in New York.
- Is ineligible for TSA Pre-Check.
- Can face issues traveling internationally because some countries will not admit a person with a criminal record.
Factors Considered in Prosecuting Possession of a Weapon at JFK Airport
The only evidence the TSA needs to issue a fine for possession of a weapon at JFK is a weapon found in someone’s accessible baggage or in checked baggage that is not properly secured.
More evidence is needed to justify criminal charges in New York, because state law allows ownership of some items that the TSA considers prohibited weapons. For example, if someone has a permit for and legally owns a firearm, but the TSA finds that it was not properly secured in checked luggage and imposes a fine, it may still be possible to avoid state criminal charges.
In addition, if prosecutors fail to prove that the defendant knew they physically possessed a weapon, criminal charges may be dismissed. The defendant also may be able to argue that the object or device in question is not legally considered a weapon.
How an Attorney Can Assist Someone Accused of Possession of a Weapon at JFK Airport
As outlined above, there are many factors and arguments to be considered when someone is charged with possessing a firearm at JFK. This is why it is important to hire a criminal defense attorney to guide a convicted individual through the legal process. An attorney can assist in a number of ways, starting with an initial consultation and case evaluation in which the attorney will advise the accused about the situation they face and their chances of beating the charge. The attorney will then gather evidence regarding the search and seizure conducted by authorities, as well as witness testimony that may prove that the accused was not aware of the weapon.
From there, the attorney will develop a legal defense strategy based on the specific circumstances of the case. The attorney will also advocate for the accused in court proceedings if the case goes to trial.
To avoid a trial, the attorney may negotiate with prosecutors for reduced charges and penalties. Plea agreements can also help avoid jail time.
FAQs
The TSA has a long list of banned weapons at JFK airport. This includes items such as sporting equipment that could be used as a weapon.
Even with a permit, you cannot physically possess a weapon at JFK. However, you can bring a firearm in your checked baggage as long as you declare the weapon at the proper checkpoint.
You will not lose your right to travel, but you will lose the right to expedited boarding with TSA Pre-Check. Also, you may not be permitted to enter certain countries if you have a criminal conviction. Note that you may not be informed of these rules until you arrive at an airport in the country in question, in which case you could be detained and/or sent back to the U.S.
Witness testimony can be key in proving that you did not intentionally bring a weapon into JFK. For example, witnesses can back up the claim that you were unaware of the weapon.
Law enforcement may be able to carry weapons in New York airports and on flights.
In New York, there is no way to expunge a criminal conviction from your record. On the other hand, you may be able to seal your record, which means it will not be available to the public to view.
If you can prove that you did not carry a weapon into JFK airport or that you possessed the weapon legally, you may want to fight the charge in court to avoid penalties and a criminal record. However, if evidence is lacking to prove your case, a plea deal might be preferable. An attorney can best advise if you should take a plea deal or fight the charge in court based on the circumstances of the case.
Immediately notify a TSA officer or airline representative. If you attempt to conceal a weapon, you could face criminal charges.
Generally, TSA will initially treat replicas or toy firearms in carry-on luggage the same as a real firearm. It is best to pack them in checked baggage to avoid complications.
Call a Rosenblum Law Criminal Defense Attorney for a Free Consultation
Many people are caught off guard by a charge of possessing a weapon in an airport. It is possible that someone had no intention of doing so. Regardless, this is a serious charge that comes with steep fines and other consequences.
If you are accused of possessing a weapon at JFK, it is important to seek legal representation to protect your rights and try to avoid penalties and potential jail time. Rosenblum Law’s experienced criminal defense attorneys can examine the facts of your case and determine potential defenses. Contact us today for a free consultation and initial case evaluation.
Last updated: Oct 3, 2024
