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Inadvertent gun in carry-on bag by LTC holder
Posted: Wed Oct 16, 2024 3:57 pm
by 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 They required that he return the gun to his car and immediately rescinded his pre-check status for 5 years.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.
Re: Inadvertent gun in carry-on bag by LTC holder
Posted: Wed Oct 16, 2024 4:33 pm
by 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.
Re: Inadvertent gun in carry-on bag by LTC holder
Posted: Wed Oct 16, 2024 4:58 pm
by FrogFan
Mike S wrote: ↑Wed Oct 16, 2024 4:33 pm
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.
Re: Inadvertent gun in carry-on bag by LTC holder
Posted: Wed Dec 11, 2024 5:38 pm
by ScottDLS
FrogFan wrote: ↑Wed Oct 16, 2024 3:57 pm
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.
Re: Inadvertent gun in carry-on bag by LTC holder
Posted: Wed Dec 11, 2024 9:59 pm
by FrogFan
ScottDLS wrote: ↑Wed Dec 11, 2024 5:38 pm
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.
Re: Inadvertent gun in carry-on bag by LTC holder
Posted: Thu Dec 12, 2024 4:23 pm
by ScottDLS
FrogFan wrote: ↑Wed Dec 11, 2024 9:59 pm
ScottDLS wrote: ↑Wed Dec 11, 2024 5:38 pm
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.