Texas Airports and Handguns
Philadelphia Eagles linebacker Nigel Bradham was recently arrested and charged over the weekend after an incident at Miami International Airport. Click Here to Read the Story
Bradham was stopped at the airport after the TSA noticed that he had a loaded gun in his backpack. He was arrested and charged with carrying a concealed weapon at the Miami Airport. The offense is a misdemeanor in Florida.
The Eagles linebacker, who has a permit to carry a concealed weapon, told TSA agents that he made an honest mistake and simply forgot that there was a gun in his bag.
For people who travel often and who have a license to carry, this is not an uncommon occurrence. Individuals who are licensed to carry get so used to carrying a gun that they forget to remove it before going through airport security. Our office has represented several individuals who have been through this exact scenario.
Had Bradham been in Texas there might have been a different outcome. There is good news for individuals in Texas who would be otherwise be facing the felony charge of Unlawful Carry of a Weapon in a Prohibited Place, namely, an airport. The Texas Legislature recently created an exception to the law that applies to CHL holders.
Section 46.03 of The Texas Penal Code was amended to allow the CHL holder possessing a handgun in an airport to leave the secured area. With the change in the law, instead of placing someone under arrest, the authorities simply allow the person to leave the secured area in order to return the firearm to their vehicle or secure it in some other lawful manner.
Practically, it still is not a good idea to take your handgun to the airport; however, if you are licensed, there is a good chance you might avoid a trip to the jailhouse.
