Fort Lauderdale Criminal Attorney Blog
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.
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.
