In some states in America, we enjoy the right to bear arms as protected under the 2nd Amendment to the Constitution. However, different states have different restrictions on where and when those firearms may be carried. In Colorado, for example, felons lose the right to own firearms upon conviction. However, there is one place where even Coloradans who legally own a gun are not allowed to take their weapon: the security line in an airport.
Bringing your gun into the security checkpoint is an easy mistake to make. Many keep their guns on at all times and simply forget to remove them when it comes time to travel. However, that does not mean that the act is legal. Breaking this law is a surefire way to face serious penalties.
Why You Can’t Introduce a Firearm into a Transportation Facility
Carrying a gun into an airport is illegal in Colorado. The crime of introducing a firearm into a transportation facility is defined under Criminal Code § 18-9-118 as the act of carrying, bringing, or otherwise possessing a firearm or explosive device into any facility of public transportation without legal authority. Even if you didn’t mean to bring your gun to the airport and forgot it was there in your luggage or your holster, you may still be facing an arrest and eventual conviction. This crime counts as a Class 6 felony, which can result in some severe penalties.
Steps to Take Immediately After Being Stopped with a Firearm in an Airport
Take the following steps promptly after being stopped with a firearm at an airport security checkpoint. These measures can help safeguard your legal rights if further legal action is taken against you:
- Remain Calm and Cooperative: Follow instructions calmly and avoid making sudden movements. Do not argue with or resist law enforcement.
- Do Not Discuss the Incident: Refrain from discussing details of the incident or providing explanations without legal counsel present. Anything you say can be used against you.
- Invoke Your Right to Legal Counsel: Politely request to speak with an attorney immediately. Contacting a lawyer specializing in firearm and criminal defense is crucial to protect your rights and provide guidance.
- Choose an Experienced Lawyer: Select a Colorado criminal defense attorney with experience in handling firearm-related cases and familiarity with airport security regulations. Consider referrals from trusted sources or reputable legal directories.
- Document Everything: Write down details of the incident as soon as possible, including interactions with authorities, to help your lawyer in preparing your defense.
How to Prevent Future Issues as a Firearm Owner
Firearm owners can reduce the risk of inadvertently violating laws or regulations related to firearm possession in restricted areas by using the following checklist:
- Know Local Laws and Regulations: Familiarize yourself with firearm possession laws in the areas you frequent, including restrictions on carrying firearms in certain locations like airports, government buildings, and schools.
- Regularly Inspect Your Belongings: Before traveling or entering restricted areas, thoroughly check all bags, purses, and belongings where a firearm could potentially be stored.
- Use Secure Storage and Transport: Always store firearms securely in designated cases or safes, ensuring they are unloaded and ammunition is stored separately. Use locks and other security measures to prevent unauthorized access.
- Stay Mindful and Alert: Develop habits of awareness and mindfulness regarding your firearm’s location and status. Avoid distractions that could lead to forgetting or mishandling firearms in restricted areas.
In addition to the above checklist, follow these recommendations to help ensure the safe and legal transport of firearms during travel, reducing risks associated with mishandling or unauthorized access:
- Use a Secure, TSA-Approved Case: Transport firearms in a sturdy, lockable case that meets Transportation Security Administration (TSA) guidelines. Ensure the case is designed specifically for firearms and can be securely locked.
- Separate Firearms and Ammunition: Store firearms and ammunition in separate compartments within the case. Ammunition should be in its original packaging or a secure container designed for travel.
- Choose Direct Routes and Reliable Transport: Opt for direct routes and reputable transport providers that adhere to safety protocols for transporting firearms. Avoid overnight stays where firearms may need to be left unattended in vehicles.
- Research and Comply with Local Laws: Research and understand firearm laws and regulations at your destination before traveling. Ensure compliance with local requirements for storage, transportation, and carrying of firearms to avoid legal issues.
Penalties for Bringing a Gun to an Airport in Colorado
Colorado rates its felonies on a class system, from 1 to 6. A Class 6 felony is considered the least severe, so it does involve the lowest penalties. However, it’s still a felony, which can impact the rest of your life. Typically, a felony 6 crime conviction includes:
- Up to 18 months in prison
- Between $1,000 and $10,000 in fines
Of course, that is only your immediate sentence. Being convicted of a felony makes you a felon, whether it was a Class 6 felony or a Class 1 felony. As we already mentioned, in Colorado, felons lose certain rights:
- The right to own a firearm
- The right to certain employment
- The right to vote while in prison
- The right to travel internationally
- The right certain government assistance programs
- The right to parental custody
On top of this, your criminal record will also become available to the public. This means that whenever you apply for a job, a loan, or housing, your felony conviction will be available for all to see. This could seriously impact your ability to maintain steady employment or even keep a roof over your head.
This seems overly harsh for something as simple as accidentally bringing a gun into the airport. We couldn’t agree more, which is why we recommend that you look for skilled legal representation.
Impact of Firearm Charges on Professional Licenses and Employment
A felony conviction can severely impact professional licenses across various fields. Occupations such as medicine, law, and finance often have stringent licensing requirements that may be revoked or denied due to a criminal record. Professional consequences can include loss of licensure, restrictions on practice, or difficulty obtaining new licenses.
Employment challenges post-conviction may require strategies like focusing on fields less impacted by background checks, pursuing expungement where possible, or demonstrating rehabilitation and ongoing compliance with legal obligations. Seeking legal counsel and proactive measures can help mitigate these challenges and maintain or regain professional standing.
Legal Defenses Against Firearm Charges in Colorado Springs Airports
Legal defenses against firearm charges in airports can hinge on several factors. Lack of intent can be a critical defense, especially if the individual forgot they were carrying a firearm. This defense argues that there was no criminal intent to violate airport security regulations.
Additionally, Fourth Amendment violations may be invoked if the firearm was discovered through an unlawful search or seizure, potentially leading to suppression of the evidence.
Finally, possessing a valid concealed carry permit can strengthen a defense by demonstrating lawful possession under certain circumstances, although airports often have strict regulations regardless of state permits. Each defense requires thorough legal assessment and factual support to be effective in court.
Our Colorado Springs Airport Firearms Defense Lawyers Can Help You Make a Defense
After being stopped with a gun in an airport, you could be facing both criminal and civil charges. The civil charges will be administered by the TSA, and while they will not result in jail time, they could still cost you a fair amount in fines. Then, of course, there is the issue of the criminal charges you may be facing, which, as we went over above, could have a significant impact on your life.
Thankfully, if you are near Colorado Springs, you don’t have to go through this stressful process alone. We at The Bussey Law Firm, P.C., have helped countless Coloradans who accidentally brought their guns into restricted zones, and we can help you, too. As top criminal defense attorneys, we know our way around a courtroom and can build you a strong defense.
To get your free consultation with one of our airport firearms defense attorneys in Colorado Springs, call (719) 475-2555 today.