Weapons at New York Airports

Every year many unsuspecting travelers are arrested at New York Airports such as LaGuardia Airport (LGA) and Kennedy Airport (JFK) for possession of weapons other than firearms.  The New York Penal Law makes it a crime to possess a whole host of weapons such as collapsible batons, brass knuckles, switch blade knives, billy clubs, stun guns and tasers and many others.  Possession of these weapons even by law abiding citizens is a crime punishable by up to 1 year in jail.  In addition, in New York City, the New York City Administrative Code makes it a crime to possess additional items such as handgun ammunition, handcuffs, air guns, certain toy guns and pistol magazines. 

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Many times these items are discovered by TSA in carryon bags.  In addition to being arrested and facing criminal charges, travelers caught at check points attempting to bring prohibited items through, may face civil penalties, civil fines and potential loss of TSA Pre-Check or other preferred travel statuses.  Civil penalties can exceed $14,000 per violation. 

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In addition, getting arrested at the airport almost always causes a traveler to miss their flight disrupting their vacation or business schedule. 

Many of these weapons charges may no longer be Constitutional after recent Supreme Court precedent.  Often, a person arrested in possession of these items may have several very strong defenses.  Often lawyers experienced in handling weapons charges can get these cases dismissed and sealed so that the traveler will not have a criminal record.  (Although, as mentioned above, other civil or collateral consequences may occur, even if the charges are eventually dismissed. 

Travelers arrested with prohibited weapons at the airport may face variety of charges depending on the person’s past criminal record if any and based upon the weapon.  For example, often a traveler, with no past criminal record may face a charge of Criminal Possession of a Weapon in the Fourth Degree, a class “A” misdemeanor while a person with the same weapon may face a felony charge of Criminal Possession of a Weapon in the Third Degree a Class “D” felony if they have a prior conviction.

Often, those arrested at the airport will be given Desk Appearance Tickets or Summonses directing them to appear in Court for their arraignment on a future date rather than being held and brought to Central Booking to see a judge.   If the charge is a felony they will likely be held in police custody pending their arraignment. 

Those who are arrested for possessing items that are prohibited under the New York City Administrative Code but not under the Penal Law may face charges under New York City Administrative Code 10-131.  Although the charges are defined under the Penal Law they are still serious in that they are criminal, punishable by up to one year in jail and can leave a person with a criminal record. 

Tilem & Associates, PC is New York’s premier weapons crimes defense firm with decades of experiencing handling weapons charges throughout New York.  Our highly-rated lawyers have an exceptional record of success in delivering superior results for our clients.  We offer fast, free and friendly consultations to those facing New York Weapons charges.