Inadvertent gun in carry-on bag by LTC holder

[FrogFan]

Hello all,

A friend of mine has an LTC and mistakenly had his carry weapon in his carry-on bag several months ago. The TSA at DFW discovered it at the airport. They required that he return the gun to his car and immediately rescinded his pre-check status for 5 years. Now, today, several months later, he received a notification that he has been fined $5,000.

I realize it's beyond careless to do such a thing, but I thought rules and penalties were relaxed for LTC holders awhile back. I guess not?

Thanks for any insight.

[Mike S]

The difference is between State Criminal penalties & Federal Civil penalties.

Under the Texas Penal Code, LTC holders must be afforded the opportunity to immediately leave the secure area of the airport to avoid being charged of a State offense. If a person doesn’t have an LTC (or a person with an LTC for some dumb reason refuses to immediately depart...), they get arrested & charged with unlawfully possessing a weapon in a prohibited location underthe Texas Penal Code..

But, this is totally separate from the Civil fine that is levied at the Federal level for possession of a weapon in the secure area (including the screening area). Without an LTC, your friend would have had both State & Federal repercussions.

[FrogFan]

The difference is between State Criminal penalties & Federal Civil penalties.

Under the Texas Penal Code, LTC holders must be afforded the opportunity to immediately leave the secure area of the airport to avoid being charged of a State offense. If a person doesn’t have an LTC (or a person with an LTC for some dumb reason refuses to immediately depart...), they get arrested & charged with unlawfully possessing a weapon in a prohibited location underthe Texas Penal Code..

But, this is totally separate from the Civil fine that is levied at the Federal level for possession of a weapon in the secure area (including the screening area). Without an LTC, your friend would have had both State & Federal repercussions.

Ah, thank you. I understand. I just did some checking on the Civil penalty for the first offense is loss of PreCheck classification for 5 years and a fine of "up to" $15,000. This was my friend's first offense. The gun was loaded. Any insight on how they arrived at $5,000 for the fine? Is that the "typical" fine for this infraction? My friend is not complaining, but $5K is a lot of money to him.

[ScottDLS]

Hello all,

A friend of mine has an LTC and mistakenly had his carry weapon in his carry-on bag several months ago. The TSA at DFW discovered it at the airport. They required that he return the gun to his car and immediately rescinded his pre-check status for 5 years. Now, today, several months later, he received a notification that he has been fined $5,000.

I realize it's beyond careless to do such a thing, but I thought rules and penalties were relaxed for LTC holders awhile back. I guess not?

Thanks for any insight.

The criminal penalties were removed at the State level in Texas a few years back, which is likely why he didn't get arrested. There actually are no federal criminal statutes that apply. So they gave him a civil penalty of $5K. I would pay it and be happy to not have a criminal conviction.

[FrogFan]

The criminal penalties were removed at the State level in Texas a few years back, which is likely why he didn't get arrested. There actually are no federal criminal statutes that apply. So they gave him a civil penalty of $5K. I would pay it and be happy to not have a criminal conviction.

Oh, he paid it and is happy to not have a criminal conviction. I asked here because I misunderstood the state/federal/civil aspects of the issue.

[ScottDLS]

The criminal penalties were removed at the State level in Texas a few years back, which is likely why he didn't get arrested. There actually are no federal criminal statutes that apply. So they gave him a civil penalty of $5K. I would pay it and be happy to not have a criminal conviction.

Oh, he paid it and is happy to not have a criminal conviction. I asked here because I misunderstood the state/federal/civil aspects of the issue.

I had a similar, though less serious incident 8 years ago. I left a 9mm SIG magazine with ammunition in my carry on. No state charge applied, but I lost pre-check for 1 year and got a letter from Homeland Security, but thankfully no civil penalty.