Articles Posted in Firearm Offenses

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Florida is a state that takes Second Amendment rights seriously. Florida has one of the highest numbers of legally armed citizens in the country, and the state’s laws are generally favorable to gun owners. However, when it comes to air travel, TSA regulations take precedence. Violating them—even unintentionally—can result in severe consequences.  
arrested Fort Lauderdale airport gun

If you’re arrested for carrying a concealed firearm into an airport in South Florida, it is critical that you contact a criminal defense lawyer immediately. It’s generally a good idea to decline even speaking to authorities until you’ve had a chance to talk to a lawyer first — even if the error was wholly unintentional.

Each year, millions of tourists pass through Florida’s international airports, including Fort Lauderdale-Hollywood International Airport (FLL), Miami International Airport (MIA), and Orlando International Airport (MCO). Florida’s thriving tourism industry means a high volume of travelers, many of whom legally carry firearms. Unfortunately, some gun owners unknowingly violate TSA regulations, leading to criminal charges that can have both state and federal consequences. If you find yourself in this situation, it’s crucial to understand the differences between Florida’s gun laws and TSA’s firearm rules, as well as why hiring a Fort Lauderdale criminal defense lawyer can make a significant difference in your case.

Understanding Florida’s Concealed Carry Laws

Florida has historically been a pro-gun state, allowing law-abiding citizens to carry concealed firearms with the proper permit. As of July 1, 2023, Florida enacted constitutional carry (also known as permitless carry), which means that any eligible person who meets the legal requirements can carry a concealed firearm without obtaining a permit. However, this right does not override federal restrictions or TSA regulations regarding firearms in airports.

Under Florida Statute 790.06, individuals who choose to obtain a concealed weapons permit still benefit from reciprocity agreements with other states. However, there are strict prohibitions on where firearms can be carried, including inside the secure areas of an airport. If you are found in possession of a firearm beyond the security checkpoint, Florida law (F.S. 790.12) allows for serious charges, including possible felony prosecution.

TSA Regulations on Firearms and Air Travel

The Transportation Security Administration (TSA) has strict rules on how travelers can transport firearms. Unlike Florida’s pro-gun stance, TSA’s regulations are federal mandates that all passengers must follow, regardless of state laws.

Key TSA rules include:

  • Firearms cannot be carried in carry-on luggage. All firearms must be unloaded, locked in a hard-sided case, and checked into checked baggage.
  • Ammunition must be properly stored. TSA allows ammunition in checked baggage, but it must be securely packed in original packaging or a container designed specifically for carrying ammunition.
  • Travelers must declare their firearm at check-in. When checking baggage, travelers must inform the airline that they are transporting a firearm.

Violating TSA regulations can result in serious consequences, even if you legally own the gun and had no intent to break the law.

Consequences of Violating TSA Firearm Regulations

Bringing a firearm into a TSA checkpoint—even by accident—can lead to both civil and criminal penalties.

Civil Penalties

TSA imposes hefty civil fines for improperly transporting firearms. As of 2024, these fines can range from $3,000 to $15,000, depending on the severity of the violation. Additionally, violators may lose TSA PreCheck privileges for several years.

Criminal Charges in Florida

If you are caught carrying a firearm past a TSA checkpoint in a Florida airport, you may face misdemeanor or felony charges, depending on the circumstances:

  • Misdemeanor charges (typically under F.S. 790.06) can result in up to one year in jail, probation, and fines.
  • Felony charges may apply if there are aggravating factors, such as a prior criminal history or intent to use the firearm unlawfully. A felony conviction can result in up to five years in prison and loss of firearm rights.

Federal Consequences

In addition to Florida state charges, the federal government may prosecute firearm violations under federal law. If charged federally, individuals face potential prison time and federal fines. Federal prosecution is more likely if the individual has a criminal history, was attempting to smuggle a firearm, or had an illegally modified weapon.

Why Hiring a Local Criminal Defense Lawyer is Important

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The U.S. Supreme Court is poised to decide whether to uphold a federal law that prohibits individuals subject to a domestic violence restraining order from possessing firearms. firearm license firearm possession offense Fort Lauderdale defense attorney

The case is U.S. v. Rahimi, and it involves a Texas man accused of striking his girlfriend during an argument and later threatening to shoot her.

As Fort Lauderdale criminal defense lawyers who have represented defendants in matters of domestic violence, domestic violence restraining orders, and unlawful firearm possession, we’ve been watching the case closely. Although it comes down to federal law (18 U.S.C. §922(g)(8)) and we primarily handle state-level cases, there could certainly be some ripple effects if the justices err on the side of the right to bear arms.

Despite the conservative bend on the bench and the fact that justices expanded gun rights last year, many legal scholars are concluding it unlikely justices will go against the grain on this federal law in the Rahimi case. A federal appellate court in that matter struck down a 1994 federal ban on firearms for those under court order to stay away from their partners or spouses.

Whatever they decide, it could have implications for lots of other cases – including a pending matter involving President Joe Biden’s son, Hunter Biden. The younger Biden is facing criminal charges for purchasing a firearm while addicted to drugs, something that is also prohibited under federal law, though less commonly enforced as the domestic violence restraining order restriction.

As noted during the SCOTUS oral arguments, the existing federal background check system has blocked some 75,000 gun sales to those subject to domestic violence protection orders over the last 25 years.

What the Federal Law Says

The federal law says it’s unlawful for a person who has a protection order (a Florida judgment of injunction for protection of domestic violence meets this definition) in effect to possess guns or ammunition, to ship or transport guns or ammunition interstate, to receive any that have been so shipped or transported, or to have any that have been seized returned to them. The respondent in that case must be identified as an “intimate partner” (spouse, ex-spouse, co-parent, or person who lives/has lived together with victim). There are exemptions for police and active military members who who are required to possess service firearms as part of their job.

If a person is convicted of a domestic violence offense, they are permanently disqualified from possessing a gun or ammunition – and there’s no official use exemption in that case. Even if the case is expunged, the court can still retain that firearm prohibition.

Violate the federal firearm law on this, and you’re facing up to 10 years in federal prison and/or a $250,000 fine.

However, as our Fort Lauderdale defense attorneys can explain, even the repeal of the federal law wouldn’t necessarily mean these prohibitions would magically disappear. That’s because we still have state firearm restrictions for domestic violence injunctions with which to contend.

Florida Firearm Possession Rules for Subjects of Domestic Violence Injunction Continue reading

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