Fort Lauderdale Criminal Attorney Blog
Despite Florida’s generally gun-friendly laws, including the recent constitutional carry legislation, airports remain strictly-regulated environments when it comes to firearm possession.
The Fort Lauderdale-Hollywood International Airport offers service to more than 35 million passengers to 135+ destinations annually. There are more than 700 daily flights to and from the airport every single day. According to the Transportation Security Administration (TSA), officers discovered a total of 817 firearms in travelers’ carry-on luggage last year (slightly down from the 834 discovered the year before). Just at FLL, there were 113 unlawfully-carried firearms discovered in 2024 and 135 in 2023. 
Here, Broward criminal defense lawyers delve into the legal implications of unlawfully carrying guns at airports in Florida, relevant state and federal statutes, and the importance of hiring an experienced criminal defense attorney if you find yourself facing charges.
Gun Regulations at Florida Airports
Florida’s gun laws have become increasingly permissive in recent years. As of July 1, 2023, Florida enacted constitutional carry, allowing eligible individuals to carry concealed firearms without obtaining a permit.
However, this right does not override federal restrictions or TSA regulations regarding firearms in airports. It is possible to travel lawfully with firearms, if they’re unloaded, packed in a locked, hard-sided case and placed in a checked baggage. Most problems occur when people try to travel with guns in their carryon luggage.
Under Florida Statute 790.06, 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, you could face serious charges, including possible felony prosecution under Florida Statute 790.12, which could result in up to five years in prison. Beyond that, federal statute, 49 U.S.C. § 46314, prohibits bringing a weapon, explosive, or incendiary device in a secure area of the airport or onto an aircraft. Violations can result in imprisonment for up to 10 years and fines of up to $14,950. The severity of the charge and subsequent penalty often depends on the intent, how the weapon was carried, and whether there was accessible ammunition. This is one reason why hiring an experienced criminal defense lawyer is so important.
The Legal Process: From Detention to Court Case
When a TSA officer spots a firearm on an X-ray screen, the agency will immediately notify local airport law enforcement. They’ll respond to the security checkpoint. An officer will remove the gun from the x-ray tunnel and pull the traveler aside. What happens at that point is largely up to the discretion of the airport police.
Airport police will likely detain you at the very least, though they may choose to initiate a formal arrest after an investigation. After that, defendants will have an initial appearance, at which they go before a judge, have their charges read, and bail conditions are set. Soon after, there will be an arraignment, where you’ll be given the opportunity to enter a plea of guilty, not guilty or no contest to the charges. Most defense lawyers will advise entering a not guilty plea so that they can engage in thorough discovery. During discovery, prosecution and defense exchange information about the case. Motions may be filed, such as motions to suppress evidence or dismiss charges. From there, both sides will engage in plea bargaining, which is when the defendant agrees to plead guilty in exchange for reduced charges or a lighter sentence. Most cases that aren’t dismissed are resolved this way. A small percentage will go on to trial, which will require prosecutors to prove the defendant’s guilt beyond a reasonable doubt. If found guilty, the defendant will be sentenced according to state or federal guidelines.
Why Hiring an Experienced Criminal Defense Lawyer is Crucial
Facing firearms charges at an airport can have severe consequences, including hefty fines, imprisonment, and long-term impacts on your rights and future opportunities. Here’s why it’s imperative to hire an experienced Fort Lauderdale criminal defense lawyer:
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Understanding of Complex Laws. An experienced criminal defense attorney will have a deep understanding of both state and federal laws governing firearms at airports. They can navigate the intricate legal landscape and identify the best defense strategies.
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Negotiation Skills. A skilled defense lawyer can negotiate with prosecutors to potentially reduce charges or penalties. They may be able to argue for alternative sentencing options or diversion programs, especially for first-time offenders.
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Protection of Rights. Your attorney will ensure that your constitutional rights are protected throughout the legal process, from the initial detention to any potential trial.
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Case Analysis. A defense lawyer can thoroughly analyze the circumstances of your case, including the legality of the search and seizure, to identify any potential violations of your rights or procedural errors that could work in your favors.
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Mitigation of Consequences. Beyond the immediate legal penalties, a firearms charge can have far-reaching consequences on your life, including loss of gun ownership rights, employment opportunities, and travel privileges. An experienced attorney can work to mitigate these long-term impacts.
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Courtroom Experience. If your case goes to trial, you’ll want an attorney with extensive courtroom experience who can effectively present your case to a judge or jury.
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Knowledge of Local Court Systems. A local criminal defense attorney will have familiarity with the South Florida court systems, prosecutors, and judges, which can be advantageous in navigating your case.
In conclusion, while Florida’s gun laws have become more permissive in recent years, airports remain highly-regulated environments. The consequences of bringing a firearm into an airport, even accidentally, can be severe and long-lasting. If you find yourself facing such charges, it’s crucial to seek the assistance of an experienced criminal defense attorney who can guide you through the complex legal process and work to protect your rights and future.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
TSA sees decrease in firearm discoveries at Florida security checkpoints in 2024, Jan. 28, 2025, TSA
More Blog Entries:
TSA Gun Rules vs. Florida Concealed Carry — What Fort Lauderdale Travelers Need to Know, Feb. 5, 2025, Fort Lauderdale Criminal Defense Lawyer Blog
