Charged with Weapon Possession in New Jersey?

Security is of utmost importance at most airports, and LaGuardia Airport in New York is no exception. This is why there are strict rules when it comes to possessing a weapon at LaGuardia. 

Both federal and state laws govern possessing weapons at LaGuardia. Failure to heed these laws can result in serious punishments, including time behind bars. If you are accused of possessing a weapon at LaGuardia, contact an experienced Rosenblum Law criminal defense attorney for a free consultation. 

Understanding Laws Regarding Possession of a Weapon at LaGuardia Airport

Under federal law, it is illegal to physically possess on one’s person any weapon, explosive, or incendiary device at an airport. This prohibition includes firearms.

In addition, New York has a statute specifically addressing airports. This law provides that it is illegal to have a firearm in a “sensitive location,” one of which is airports such as LaGuardia. 

Federal law does allow for transportation weapons, including firearms, while traveling through airports. But in order to do so, the weapon needs to be inaccessible during a flight, which means the weapon and its ammunition must be stored in a checked bag. 

Specifically for firearms, Transportation Security Administration (TSA) rules require that:

• Travelers declare each and every firearm that they plan to transport in an airport.
• The firearm(s) and ammunition are locked in a hard-sided container in checked baggage.
• The firearm(s) are unloaded.
• Both the ammunition and the firearm(s) are not accessible by the traveler on a flight.

Failure to meet these requirements means that a firearm is considered loaded, even if there are no bullets or ammunition physically loaded into it. Also note that under New York state law, to avoid weapon possession charges, a firearm owner must have the proper license to possess the weapon if they are staying somewhere in the state after their flight.

Definition of a Weapon Under New York Law

The following are some of the objects considered weapons under New York State law:

• Any firearm
• Electronic dart gun
• Various types of knives, including switchblades and gravity knives
• Metal knuckles
• Billy club
• Slingshot
• Canesword
• Armor-piercing ammunition

Note that this list is not exhaustive. To be on the safe side, consult an attorney if you plan to possess anything that could be considered a weapon in New York.

Consequences of Possessing a Weapon at LaGuardia Airport 

Being convicted of illegal weapon possession can result in fines and even time in prison:

• TSA fine: The agency can charge a fine of up to $14,950
• Class A misdemeanor: This charge for carrying an unloaded weapon can land someone in prison for up to one year and a fine up to $1,000. This is considered a charge of weapons possession in the fourth degree.
• Class B felony: This class of felony is for those who possessed an explosive substance with intent to use against another person or property. Those who possess ten or more firearms will be charged with a Class B felony, which is considered criminal possession of a weapon in the first degree. The maximum prison sentence is 25 years. 
• Class C felony: Possession of a loaded weapon or possession with intent to use the weapons against another person will result in at least one year in prison as well as large fines. This is considered a charge of weapon possession in the second degree. The maximum prison sentence is 15 years.
• Class D felony: This class of felony is for those who already had a criminal record and are guilty of a Class A misdemeanor weapon possession. Essentially, with a previous criminal record, the charge is elevated from a fourth-degree to a third-degree weapon possession charge. Also, if the weapon illegally possessed is an explosive device, firearm silencer, or machine gun, the accused will be charged with a Class D felony. The maximum prison sentence is 7 years.
• Class E felony: Someone is guilty of a Class E felony weapons possession if they possess what is considered an “assault weapon” by the New York Secure Ammunition and Firearms Enforcement Act of 2013. The maximum prison sentence is 4 years. 

Not only does a possession of a weapon charge come with fines and time behind bars, having a criminal record can impact one’s ability to travel domestically in the future. For example, one could end up on the TSA watchlist. 

A criminal conviction also can make it more difficult to travel internationally. Every country has different rules for who is allowed to enter if they have a criminal record. As a result, someone with a criminal conviction could be turned away when they land in another country before they even leave the airport.

Potential Legal Defenses

There are various legal defenses that may be possible to defend against a charge of unlawful possession of a weapon at LaGuardia. The goal of any legal defense is to disprove one or more of the elements of the crime. For example, the defendant could argue that:

• They did not know that they actually possessed the weapon.
• They did not actually possess the weapon that the prosecution is alleging they did.
• The object that the defendant possessed was in fact not a prohibited weapon.

If the prosecution is alleging improper storage of a firearm, the defendant might be able to argue that the firearm was properly stored unloaded, in checked baggage, and in the required protective casing.

How an Attorney Can Assist Someone Accused of Possession of a Weapon at a LaGuardia Airport

During an initial consultation, an attorney will evaluate the facts of the case and present the defendant with some possible legal strategies. The attorney also will explain the potential consequences of the criminal charges.

Once hired, the attorney will advocate on the defendant’s behalf during court proceedings as well as negotiate with prosecutors for reduced charges or more lenient penalties. The attorney will guide the defendant through the entire litigation process, including gathering evidence and witness testimony needed to present a strong case in court if a plea agreement cannot be reached.

FAQs

Call a Rosenblum Law Criminal Defense Attorney for a Free Consultation

If you are charged with possessing a weapon at LaGuardia Airport, consult a Rosenblum Law criminal defense attorney right away. Our attorneys are known for providing aggressive legal defenses for our clients. We have extensive experience in negotiating with prosecutors and advocating for defendants at trial. Contact Rosenblum Law immediately to get started in fighting for your legal rights.