Defense Attorney for Firearms Possession At An Airport

In the rush to pack your bags and get to John Glenn International Airport in time for your flight, it’s easy to make a mistake. Forgetting to bring a toothbrush is a minor error. But bringing a firearm to the airport in a way that violates state or federal regulations is a much more serious problem that can lead to federal criminal charges.

If you’ve been charged with a crime related to allegedly trying to bring a firearm through airport security, you need to know your legal options and what could happen next. McNamee Defense in Bellefontaine, Ohio, has decades of experience representing clients in Columbus and the rest of the state against weapons charges.

Contact our attorney as soon as possible to begin protecting your freedom and right to own firearms. McNamee has offices in Bellefontaine and Columbus for your convenience.

Federal versus State Law

When it comes to flying with a firearm, there are two levels of rules you need to know. The Transportation Security Administration (TSA), which operates security checkpoints at U.S. airports, enforces federal regulations regarding transporting guns. Then there’s Ohio law, which applies whenever you fly in or out of the state. While TSA’s regulations are civil, meaning a breaking a rule generally doesn’t involve risk of imprisonment, Ohio’s laws on the matter are criminal – incarceration and a criminal record are possibilities.

TSA rules

To bring a firearm and/or ammunition onto an airplane, you must check it at the gate. You must declare to the gate agent that you’re checking a gun or ammo and fill out a form the agent provides specifying exactly what you’re checking. Guns must be packed in a hard-sided case with a lock opened by a key or combination and signage making it clear what’s inside. Ammunition can go inside the same case but should be kept in a separate compartment from the firearm, and it should be contained in its original packing or another secure container. The firearm must be unloaded when you check it.

Failing to follow these procedures can lead to thousands of dollars in fines and having your firearm confiscated.

Ohio laws

You must have a concealed carry license to carry your firearm into the airport in any way other than for transportation. That means you can’t walk into the airport with your weapon in a holster, waistband, etc. Even if you’re carrying it inside a TSA-approved hard-sided, locked case, Ohio law only allows you to carry a firearm into secure locations within the airport. Bringing it to unsecured areas like the ticket counter can lead to criminal charges if caught by airport security.

Illegal transportation of a weapon is a fourth-degree felony in Ohio. It’s punishable by up to 18 months in prison and a maximum fine of $5,000. In addition, a felony conviction generally takes away your right to own or possess a firearm. Even if that doesn’t happen, you could lose your concealed carry license.

A strong defense can help keep you out of prison, clear your name, and allow you to keep your firearms. TSA agents, airport security, and local police don’t necessarily get everything right. As your weapons charges lawyer, Colin E. McNamee will listen to you tell your side of the story and review all the evidence. Weaknesses in the prosecutor’s case could include gaps in the evidence in their claims against you, as well as procedural errors. Examples of these violations of your rights include failing to read you your Miranda rights while arresting you at the airport, and failing to maintain chain of evidence for the firearm, ammunition, or any other physical evidence law enforcement seized that’s relevant to your case.

Our Columbus gun charges defense firm will pursue every available avenue to deliver the best outcome possible. In many situations, this means going to trial. Colin is a highly prepared and skilled trial lawyer. While he always negotiates in good faith with the prosecutors, and can often reach an agreement that keeps you out of prison, he’ll never ask you to accept an unfair plea bargain simply to avoid court. If we determine that a jury trial is in your best interests, then we’ll argue your case before the judge or jury.

Whether you live in Ohio or were passing through when you were arrested, you need a defense attorney licensed in the state who’s familiar with the local police, prosecution, and judges. McNamee Defense practices in courthouses throughout Ohio, and the state’s legal community knows his abilities well.

After an arrest at the airport for allegedly improper transportation of a firearm or violation of the concealed carry law, you might be tempted to try to handle the charges yourself. While you aren’t required to hire a defense lawyer, we highly recommend it. Our attorney can do the following for you:

  • Be with you during police interrogations, advising you of your rights and how to respond to their questions
  • Work to get you released from jail while the charges are pending, to help you participate in your defense and allow you to continue working and taking care of your family in the meantime
  • Explain the law you’re accused of violating and how the legal process works
  • Answer your questions and lay out your options
  • Review the evidence and develop a customized legal strategy
  • Negotiate with the prosecutors for a possible plea agreement
  • Preparing a defense and presenting it in court, if needed

Ohio’s law enforcement and prosecutors are entrusted with great powers to try to get you convicted. Your only chance at a fair trial is to work with an experienced and dedicated Columbus defense attorney.

If you’re facing criminal charges based on allegations of improperly bringing a firearm into the airport in Columbus or elsewhere in Ohio, contact McNamee Defense today to arrange a free case evaluation. We have offices in Columbus and Bellefontaine.

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