Ted Nugent's wife arrested at DFW with gun

[philip964]

She was arrested and released... that doesn't specify whether she will be charged or not as you can drop charges.. need more info.

Since they cannot prove intent, the DA will most likely will drop the charges. If this was some place back East I suspect a DA might want to make a name for himself.

One point for Houston's TSA being nicer than DFW's.

[The Annoyed Man]

Can we all agree that taking, or attempting to take, a firearm thru security or checking baggage containing firearms without proper declarations is illegal currently? Then what she did was illegal. Now she most likely has reasons and explanations but I don't see that letting her tell it to the court rather than having the airport cop make the call as inherently evil.

Yeah, it's illegal. But cops make decisions like that all the time, based on their boots on the ground judgement. Easy example: it's illegal to exceed the speed limit. The cop can give you a ticket, but many will issue a warning, depending on their appraisal of the individual they have pulled over. In California, it is illegal to be carrying a loaded gun in the car, not secured in a locked container, but lots of people (I did it when I lived there) will keep a gun under the front seat for "just in case." I've had more than one California LEO tell me when I asked them what they would do if they found a concealed gun in the car of someone like me, and I was told "I'd not only let you go, I'd probably put the gun back where I found it." Granted, carrying a firearm past TSA security is a much more significant offense than a traffic ticket, but it is not any worse than getting caught with an illegally concealed firearm in California. One can still exercise good judgement..........Lord knows they show poor judgement all the time when they frisk 6 year old paralytic girls.

And by the way, I'm not suggesting that Ms Nugent should have been either ignored, or allowed to proceed with the gun onto the airplane. But I AM suggesting that when they run her record and find that she doesn't have one, that she does possess a CHL which would explain how a gun might be forgotten in a carry on bag, they might well have A) escorted her back to her car and locked it up, or B) confiscated the gun and sent her on her way; or some other variation of that.

But if it makes you happier to see her in court, I guess you're going to be happy then.

[EEllis]

Can we all agree that taking, or attempting to take, a firearm thru security or checking baggage containing firearms without proper declarations is illegal currently? Then what she did was illegal. Now she most likely has reasons and explanations but I don't see that letting her tell it to the court rather than having the airport cop make the call as inherently evil.

Yeah, it's illegal. But cops make decisions like that all the time, based on their boots on the ground judgement. Easy example: it's illegal to exceed the speed limit. The cop can give you a ticket, but many will issue a warning, depending on their appraisal of the individual they have pulled over. In California, it is illegal to be carrying a loaded gun in the car, not secured in a locked container, but lots of people (I did it when I lived there) will keep a gun under the front seat for "just in case." I've had more than one California LEO tell me when I asked them what they would do if they found a concealed gun in the car of someone like me, and I was told "I'd not only let you go, I'd probably put the gun back where I found it." Granted, carrying a firearm past TSA security is a much more significant offense than a traffic ticket, but it is not any worse than getting caught with an illegally concealed firearm in California. One can still exercise good judgement..........Lord knows they show poor judgement all the time when they frisk 6 year old paralytic girls.

And by the way, I'm not suggesting that Ms Nugent should have been either ignored, or allowed to proceed with the gun onto the airplane. But I AM suggesting that when they run her record and find that she doesn't have one, that she does possess a CHL which would explain how a gun might be forgotten in a carry on bag, they might well have A) escorted her back to her car and locked it up, or B) confiscated the gun and sent her on her way; or some other variation of that.

But if it makes you happier to see her in court, I guess you're going to be happy then.

So you take my saying that leaving it to a court doesn't sound inherently evil is equal to me being happy if she must go to court? And why would it be good judgment to let her go? I never met the woman so I know nothing at all about her but who she is married to. So do they let everyone go or just rich ladies married to famous people. Right there is a good enough reason not to let her go. Famous can get you perks but I wouldn't set myself up for someone saying I let her go because of Ted. And If a guy happens to be strict and sends everyone to court, well so? I don't whine about tickets so why expect firearms violations to be disregarded? I should want and complain when officers don't substitute their personal opinions for what our reps have decided should be a crime? Mind you I hope she gets off but the complaining seems ... off target.

[jimlongley]

Can we all agree that taking, or attempting to take, a firearm thru security or checking baggage containing firearms without proper declarations is illegal currently? Then what she did was illegal. Now she most likely has reasons and explanations but I don't see that letting her tell it to the court rather than having the airport cop make the call as inherently evil.

Yeah, it's illegal. But cops make decisions like that all the time, based on their boots on the ground judgement. Easy example: it's illegal to exceed the speed limit. The cop can give you a ticket, but many will issue a warning, depending on their appraisal of the individual they have pulled over. In California, it is illegal to be carrying a loaded gun in the car, not secured in a locked container, but lots of people (I did it when I lived there) will keep a gun under the front seat for "just in case." I've had more than one California LEO tell me when I asked them what they would do if they found a concealed gun in the car of someone like me, and I was told "I'd not only let you go, I'd probably put the gun back where I found it." Granted, carrying a firearm past TSA security is a much more significant offense than a traffic ticket, but it is not any worse than getting caught with an illegally concealed firearm in California. One can still exercise good judgement..........Lord knows they show poor judgement all the time when they frisk 6 year old paralytic girls.

And by the way, I'm not suggesting that Ms Nugent should have been either ignored, or allowed to proceed with the gun onto the airplane. But I AM suggesting that when they run her record and find that she doesn't have one, that she does possess a CHL which would explain how a gun might be forgotten in a carry on bag, they might well have A) escorted her back to her car and locked it up, or B) confiscated the gun and sent her on her way; or some other variation of that.

But if it makes you happier to see her in court, I guess you're going to be happy then.

First of all, TSA is not allowed to exercise any sort of judgement, everyone is to be treated equally, from young paralytics to elderly Alzheimers patients, and I wouldn't put it past terrorists who have tried to light their underwear to try to sneak a bomb aboard through one of those avenues, so it is not totally without reason.

That said, in the three plus years I spent with TSA I saw lots of people who "forgot it was in there" and would love to know that ultimate outcome of each case. Part of the reason is that TSA, as has been pointed out here when I objected to people bashing them, and me when I was a TSA "officer," is not "law enforcement" so when they catch someone with "illegal items" in their bags, they get turned over to the local police, and it is then up to the local police whether to arrest or not. I have seen an older gentleman break down in tears as the LEOs led him off in handcuffs and stuffed him in a squad car, and I have seen a mother with three kids in tow kept in local detention (the airport police station) until someone came to pick up her kids, and then she was whisked away too. OTOH, I have seen similar (to me virtually identical) circumstances where the person was braceletted and escorted into the police office, and five minutes later they were walking their bag out to the car to leave the gun there. I don't know what the difference was, but I can tell you that in every case the decision was made by LEOs, not TSA.

TSA can, and does, file charges at a Federal level, which would be separate from any local charges.

I would also pay to remember that the rules are different for carry ons and checked bags. TSA is screening checked bags for IEDs, not guns, pot, meth, or anything else. A TSA officer running checked bags through the machines is supposed to ignore guns unless they are occluding some part of the bag that might contain an explosive threat. Do TSA officers routinely "threat" bags that only have guns in them, unfortunately yes, and partly because some of them are flat out anti-gun nuts, but that is not supposed to happen. In airports where people who have declared firearms are accorded special treatment and escorted to a special screening area, then TSA knows that they are screening a bag with a gun, but in airports where that bag is simply put on the conveyor with all the others, there is no way for the TSA officer to know if a gun has been declared or not, and unless there is a suspected threat in the bag, that bag gets passed along with all the others.

And TSA is not, according to their rules, supposed to treat bags with declared guns any differently than any other bag, no matter where it is in the system, even if it's just being taken to a special screening point, because anyone with a lick of sense now knows that that bag contains a gun (or swords, knives, other stuff) and it could be targeted for thievery or worse. But TSA also gets to play outside its own sandbox because no one has put them back in it.

[cw3van]

Not traveling by plane very often this has always worried me because I have grown up with firearms carried them as a LEO now as a CHL holder just something that's always with me. Having said that so far & knock on wood I check double check because that would be terrible & scary. I hope they don't press charges in this case but it is illegal to carry in that area of the airport.

[Oldgringo]

When CHL holders do these things, they should simply be told to either check the gun or return it to their vehicle. It's ridiculous to prosecute them.

Uh,...shouldn't Texas CHL holders, above all others, know better than to do 'these things'? Just askin'....

[philip964]

When CHL holders do these things, they should simply be told to either check the gun or return it to their vehicle. It's ridiculous to prosecute them.

Uh,...shouldn't Texas CHL holders, above all others, know better than to do 'these things'? Just askin'....

Wouldn't anyone else be arrested for a Texas firearm violation anyway.

[EEllis]

When CHL holders do these things, they should simply be told to either check the gun or return it to their vehicle. It's ridiculous to prosecute them.

Uh,...shouldn't Texas CHL holders, above all others, know better than to do 'these things'? Just askin'....

[EEllis]

When CHL holders do these things, they should simply be told to either check the gun or return it to their vehicle. It's ridiculous to prosecute them.

Uh,...shouldn't Texas CHL holders, above all others, know better than to do 'these things'? Just askin'....

Wouldn't anyone else be arrested for a Texas firearm violation anyway.

Well as a bit of a point to TAM I can see what he is saying that some cops will let it slide, for what ever reason, and he thinks the cop's here should of also. I just think that when you get a break then you are grateful and when you don't , then that is life. Complaining when you don't get a break? It kind of goes against the meaning of what it is to get a break if it is somehow required. The fault is clearly with her tho and trying to make it the cops fault just isn't right.

[G26ster]

The Penal code says

"Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

Seems to me if there is no reason to believe it was intentional, knowingly, or reckless, then it's a judgement call as to whether the law was violated or not. Of course, not being an attorney, I wouldn't know.

[EEllis]

The Penal code says

"Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

Seems to me if there is no reason to believe it was intentional, knowingly, or reckless, then it's a judgement call as to whether the law was violated or not. Of course, not being an attorney, I wouldn't know.

I think having a gun that one doesn't know is there is inherently reckless just from a gun safety viewpoint. Which of course is why, though I don't wish charges on anyone, I also can't see getting worked up over someone so careless around guns.

[paperchunker]

I no longer use air travel, however if I did I think I would have a "get on airplane" bag and a "don't get on an airplane bag" and the 2 would not get close to each other.

[jimlongley]

"Airport spokesman David Magana confirmed that the DFW Airport Department of Public Safety took Shemane Ann Nugent, 51, into custody, and “the rest of it is working its way through our system of legal approval.”"

So DPS conducted the arrest, as I thought, not TSA.

[Keith B]

Seems to be a growing problem at airports across the country. Salt Lake City is apparently the hotspot. Dallas didn't even get a honorable mention in the article.

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