Here’s what could happen if you bring a gun or other weapon to the Charlotte airport
U.S. Rep. Madison Cawthorn was cited for a misdemeanor — but not arrested — for having a loaded gun at a Transportation Security Administration checkpoint at Charlotte Douglas International Airport.
But there are things that could lead to you being arrested in that situation.
Cawthorn, a North Carolina Republican, was cited for possession of a dangerous weapon on city property rather than arrested, Charlotte-Mecklenburg Police said in a Tuesday statement, which the agency said is a standard procedure “unless there are other associated felony charges or extenuating circumstances.”
“A decision on whether to cite or arrest falls under the judgment of the officers on the scene,” CMPD spokesman Mike Allinger said in response to an inquiry from The Charlotte Observer.
“Whether or not there’s a risk to public safety is a major factor in that decision,” he added.
Charlotte defense attorney Brad Smith, whose firm has experience with clients who’ve been cited under the same ordinance as Cawthorn, told the Observer “the decision to take somebody to jail more has to do with whether or not there’s some concern that the person is a risk of flight or a danger to the community or himself or herself.”
“There’s some level of an interview with different sorts of law enforcement officials in the airport,” he said. “And I think that if there’s ever more of a concern that the person’s intent on bringing the gun was something more than just an innocent mistake, I think there’s potentially all kinds of federal circumstances.”
The “majority” of cases he sees, Smith added, are folks who didn’t know a gun or other “dangerous weapon,” such as a knife or brass knuckles, were in the bag they used to pack.
“It’s almost entirely my experience that the gun was in a bag because another family member or household member placed it in there — potentially when they were moving in or hiding or something — and in the hustle and bustle of packing and getting to the airport quickly, they just simply don’t know that it’s in that side zipper pocket that you didn’t even know existed,” said Smith, a managing member at Arnold & Smith.
Travelers may face more issues with the law if the gun that’s found turns out to be stolen or if they’re not legally allowed to have a firearm.
“They likely check to see if the person is a convicted felon or has the ability to possess a gun. If you’re a convicted felon and you’re found in possession, that becomes a far more serious state and federal crime,” Smith said.
If additional charges aren’t added, the citation for possession of a dangerous weapon on city property is a Class 3 misdemeanor, Smith explained.
“More or less a speeding ticket, the least severe misdemeanor offense you can be charged with.”
Smith added: “If you have no prior criminal history, the maximum sentence you can receive is what’s called a community sentence, which would be a 10-day suspended sentence or probation,” he said. “You would only really face a straight-up active sentence if you had five or more prior criminal convictions.”
Even if you don’t end up in jail, getting cited at the security checkpoint could prove to be costly.
“The fine cannot exceed $50 for an ordinance violation,” Smith said, “but the TSA fines can be in the thousands.”
This story was originally published April 28, 2022 at 12:28 PM.
