Getting on an airplane can be a lengthy process. Most people arrive an hour or two ahead of time for their flights. They know they have to go through airport security, which can take some time. In some cases, those attempting to board a plane at LaGuardia or another New York airport could end up arrested or accused of a weapon violation.
What people sometimes do not understand is that New York state rules apply to the items brought onto an airplane at a New York airport. Individuals planning to take a hunting trip in another state, for example, might end up facing accusations of bringing a dangerous weapon to the airport.
At that point, they may face arrest and prosecution. What happens after a weapons-related arrest at a New York airport?
The defendant is likely to miss their flight
When professionals working at the airport discover items that violate state or federal regulations, they usually prevent the passenger from boarding the plane. They may also seize the items that allegedly violate the law. In some cases, the person may be subject to immediate arrest. Other times, the state may announce charges later.
Prosecutors announce pending charges
After an arrest, state prosecutors choose what allegations to bring against the defendant. A weapons offense at an airport could face a variety of different charges.
New York has a law that allows for a special charge and specific penalties in cases involving weapons brought into airports. Any firearm, metal knuckles, slingshots or caneswords brought into an airport could lead to criminal charges. So could armor-piercing ammunition and many different kinds of knives. In minor cases, people may face fines from the Transportation Safety Administration that could cost them up to $14,950. Other times, they may face state criminal charges.
Unloaded firearms could result in Class A misdemeanor charges. Otherwise, the person accused may face a felony charge. The state can file charges ranging from a Class E felony to a Class B felony. The penalties possible range from up to four years in prison for a Class E felony to 25 years in a Class B felony case.
Defendants may need to discuss their situation with a lawyer to determine what plea to enter and what defense strategies they may have available. There are many potential defense strategies that people can develop when accused of a weapons offense at an airport. The nature of the weapon, the record of the defendant and other factors can influence the most effective response. Securing support as early as possible may make a major difference for a defendant facing weapons charges in New York.