When you hear about someone getting arrested for taking a gun to the airport you might immediately think the guy must be an idiot. Who would take a gun to the airport except a terrorist? Believe it or not, it happens more often than you might think.
We recently represented a young man who was arrested for unlawful possession of weapon (handgun) at Houston Intercontinental Airport. This is a serious offense---a felony punishable by up to 10 years in prison.
Why did he take a handgun to the airport? 18 months prior to his trip, our client moved back to his hometown to be closer to his family and open his own business. During the course of his move, he put a handgun in the side pocket of a computer bag for safe transport. Recently, he later he was taking a commercial airline flight for business purposes. Before he left, he unpacked the computer bag, but he neglected to check the side pocket where he had placed this handgun. While he was going through security, a TSA officer noticed the handgun and questioned our client about it. He honestly stated that he did not remember putting the unloaded gun into the bag, and that he never intended to bring it to the airport. Nevertheless, he was arrested and charged with a felony.
This penal code section requires the State of Texas to prove the accused citizen intentionally, knowingly, or recklessly possessed the gun. By immediately opening the lines of communication with the prosecutor, and telling her our client's story, we were able to convince them that our client's conduct did not rise to any of those levels. They dismissed the charges against him.
The moral of this story is to be extremely careful---especially you hunters and persons who have a concealed handgun license. If you ever carry any type of weapons or ammo in your belongings, please double check to make sure it is not in the luggage you may take with you to the airport.
If you are going to take a gun on a hunting trip or have any questions about what is or is not legal, contact your airlines. You can also visit the TSA website at www.tsa.gov. Safe travels.
