Help! Places Weapons Prohibited

Gun, shooting and equipment discussions unrelated to CHL issues

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RedRaider in DFW
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Help! Places Weapons Prohibited

Postby RedRaider in DFW » Sat Oct 28, 2017 7:52 am

Hi, travel almost every week on business. Have for the last 6-7 years. I’ve been TSA approved, status with AA, etc for a long time. I have no criminal history at all. Well, a few weeks ago we went to our lakehouse and I always carry my pistol with me to/from there. I don’t have a CHL, but I usually have my pistol concealed in my truck or a bag when we go somewhere. This time, I stuck it in my work backpack. After the weekend at the lakehouse, I had an early flight out of DFW, so I was scrambling to get there on time. Completely forgot about the pistol in my work backpack. Get to the airport, go through security and BAM! Pistol is discovered.

In a bit of a panic, I hired an attorney immediately but I’m not confident in this guy for some reason. Seems like he just took my money and won’t talk to me anymore. I’m not real sure what to do, but wanted to reach out to get some advice here.

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bmwrdr
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Re: Help! Places Weapons Prohibited

Postby bmwrdr » Sat Oct 28, 2017 8:16 am

There were several similar cases in the past and some discussions can be revealed ont this topic by using the search feature. A search on the web about this topic will return many articles on this topic.
I recall on top of my head that most or all had legal issues with a gun in the language not checking it in as required by law. I guess there will be charges brought against you and those were serious.
I remember a co worker having a similar issue in 2009, he did not report the incident to his supervisor, HR found out somehow and he was terminated two weeks later.

Update:
Travellers who are caught with a handgun in their carry-on luggage at airports in Texas can now escape charges under a new state law.
http://www.dailymail.co.uk/travel/travel_news/article-3219748/Passengers-caught-guns-hand-luggage-Texas-airports-avoid-charge-FORGOT-d-packed-them.html

You may have luck getting out without any major problems but if it'd be me I' keep my manager and/or HR up to date before they find out.
Not sure if there will be other charges but it would be nice if you could keep us up to date.
Last edited by bmwrdr on Sat Oct 28, 2017 8:39 am, edited 2 times in total.
I scarified political correctness to preserve honesty ︻╦̵̵͇̿̿̿̿══╤─

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Excaliber
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Re: Help! Places Weapons Prohibited

Postby Excaliber » Sat Oct 28, 2017 8:28 am

I'm afraid you're in a heap of trouble for violating both state (carrying a handgun without a license) and federal law (carrying a handgun into the secured area of an airport.)

Competent representation by a sharp attorney experienced in these areas will give you your best chance of minimizing the damage, but you will almost certainly take some painful dings on this.

Your situation is a reminder of how easy it is to get into trouble by placing an item that is prohibited in some places into your travel gear. As one who also travels extensively, has TSA Pre-Check and Platinum status, and sometimes flies with guns in checked baggage, I've given this a lot of thought. Here are my practices:

1. Never, ever place a handgun or edged weapon into a business briefcase or backpack where it can be easily forgotten. This has gotten thousands of people into trouble already.

2. When using my usual carry-on for a road trip or as checked baggage, handguns, ammo, and edged gear go into a conspicuous brightly marked case to be removed upon return home. If I were to forget to remove it (which I never have), it would be really obvious next time I opened the bag up to pack for another trip.

3. Always keep exactly the same basic cosmetics, tools, etc. in the carry-on in exactly the same places. Any changes are made only after considering if they will pass inspection everywhere. If anything is questioned at the screening point, I can tell the TSA representative exactly what it is, where it is, and why it is compliant with regulations.
Excaliber

"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.


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RedRaider in DFW
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Re: Help! Places Weapons Prohibited

Postby RedRaider in DFW » Sat Oct 28, 2017 8:36 am

Excaliber wrote:I'm afraid you're in a heap of trouble for violating both state (carrying a handgun without a license) and federal law (carrying a handgun into the secured area of an airport.)

Competent representation by a sharp attorney experienced in these areas will give you your best chance of minimizing the damage, but you will almost certainly take some painful dings on this.

Your situation is a reminder of how easy it is to get into trouble by placing an item that is prohibited in some places into your travel gear. As one who also travels extensively, has TSA Pre-Check and Platinum status, and sometimes flies with guns in checked baggage, I've given this a lot of thought. Here are my practices:

1. Never, ever place a handgun or edged weapon into a business briefcase or backpack where it can be easily forgotten. This has gotten thousands of people into trouble already.

2. When using my usual carry-on for a road trip or as checked baggage, handguns, ammo, and edged gear go into a conspicuous brightly marked case to be removed upon return home. If I were to forget to remove it (which I never have), it would be really obvious next time I opened the bag up to pack for another trip.

3. Always keep exactly the same basic cosmetics, tools, etc. in the carry-on in exactly the same places. Any changes are made only after considering if they will pass inspection everywhere. If anything is questioned at the screening point, I can tell the TSA representative exactly what it is, where it is, and why it is compliant with regulations.


Yeah, I screwed up. This sucks.

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bmwrdr
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Re: Help! Places Weapons Prohibited

Postby bmwrdr » Sat Oct 28, 2017 8:47 am

RedRaider in DFW wrote: ...
...
Yeah, I screwed up. This sucks.


Most of us had one or more encounter with a LEO or the law. It is important to stay calm and focused on the issue. If you have a lawyer you don't trust get rid of him and perhaps you have friends which can point you to a better way of solving the issue or provide input on a trustworthy lawyer. There are ways to get the best out of it, read my post above and search the web to see what others dealt with in similar cases.
Good luck.
I scarified political correctness to preserve honesty ︻╦̵̵͇̿̿̿̿══╤─


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RedRaider in DFW
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Re: Help! Places Weapons Prohibited

Postby RedRaider in DFW » Sat Oct 28, 2017 8:48 am

bmwrdr wrote:There were several similar cases in the past and some discussions can be revealed ont this topic by using the search feature. A search on the web about this topic will return many articles on this topic.
I recall on top of my head that most or all had legal issues with a gun in the language not checking it in as required by law. I guess there will be charges brought against you and those were serious.
I remember a co worker having a similar issue in 2009, he did not report the incident to his supervisor, HR found out somehow and he was terminated two weeks later.

Update:
Travellers who are caught with a handgun in their carry-on luggage at airports in Texas can now escape charges under a new state law.
http://www.dailymail.co.uk/travel/travel_news/article-3219748/Passengers-caught-guns-hand-luggage-Texas-airports-avoid-charge-FORGOT-d-packed-them.html

You may have luck getting out without any major problems but if it'd be me I' keep my manager and/or HR up to date before they find out.
Not sure if there will be other charges but it would be nice if you could keep us up to date.


I was not given any opportunity to leave. They were very nice about it but said I had no choice.


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RedRaider in DFW
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Re: Help! Places Weapons Prohibited

Postby RedRaider in DFW » Sat Oct 28, 2017 8:53 am

bmwrdr wrote:
RedRaider in DFW wrote: ...
...
Yeah, I screwed up. This sucks.


Most of us had one or more encounter with a LEO or the law. It is important to stay calm and focused on the issue. If you have a lawyer you don't trust get rid of him and perhaps you have friends which can point you to a better way of solving the issue or provide input on a trustworthy lawyer. There are ways to get the best out of it, read my post above and search the web to see what others dealt with in similar cases.
Good luck.


Thanks! I’ve never hired an attorney before and lieterally don’t know anyone who has...for anything. I hired this one due to a letter he sent through the mail. I’ve researched online, but it’s difficult to know what’s bull and what’s not. I posted here hoping to get some direction.

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bmwrdr
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Re: Help! Places Weapons Prohibited

Postby bmwrdr » Sat Oct 28, 2017 9:04 am

Wait for more forum members to respond to your post.
When you find a lawyer tell him about the law in Texas and point out the fact you had no opportunity to leave with the gun in the backpack.
I am not an attorney and I don't know one who would be a good pick for that case.
Good luck.
I scarified political correctness to preserve honesty ︻╦̵̵͇̿̿̿̿══╤─

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Excaliber
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Re: Help! Places Weapons Prohibited

Postby Excaliber » Sat Oct 28, 2017 9:50 am

RedRaider in DFW wrote:
bmwrdr wrote:There were several similar cases in the past and some discussions can be revealed ont this topic by using the search feature. A search on the web about this topic will return many articles on this topic.
I recall on top of my head that most or all had legal issues with a gun in the language not checking it in as required by law. I guess there will be charges brought against you and those were serious.
I remember a co worker having a similar issue in 2009, he did not report the incident to his supervisor, HR found out somehow and he was terminated two weeks later.

Update:
Travellers who are caught with a handgun in their carry-on luggage at airports in Texas can now escape charges under a new state law.
http://www.dailymail.co.uk/travel/travel_news/article-3219748/Passengers-caught-guns-hand-luggage-Texas-airports-avoid-charge-FORGOT-d-packed-them.html

You may have luck getting out without any major problems but if it'd be me I' keep my manager and/or HR up to date before they find out.
Not sure if there will be other charges but it would be nice if you could keep us up to date.


I was not given any opportunity to leave. They were very nice about it but said I had no choice.


The law requiring giving an opportunity to leave with a forgotten gun applies only to persons with a license to carry. That's likely why it wasn't mentioned in this case.
Excaliber

"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.


srothstein
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Re: Help! Places Weapons Prohibited

Postby srothstein » Sat Oct 28, 2017 10:22 am

You have already taken the most important step I could recommend. I always recommend hiring a lawyer when dealing with law enforcement as a suspect in any way.

This means the only help I can offer is to talk with your attorney and find out what he is doing. If he will not talk to you, leave a message that you are losing confidence in him and you need to have confidence in your attorney. Find another attorney and replace him. One way to find a better attorney is to get a list of attorneys from the local bar association that have experience in criminal defense and certification in both state and federal court, especially FAA administrative courts. Spend a little time talking to each one to see which you feel best with. Then hire that person.

This is a little expensive as you will probably have to pay a small amount to talk to each lawyer. Many will charge a consultation fee. Treat this interview as if they were job applicants since that is what they are, even if they don't see it that way. You want to review their experience, education, and strategy for this case. See what they think they can do for you and how they will minimize the damage to you. My only hint on this is to quickly rule out anyone who claims they can get you out 100% and for you not to worry. Give most credence to the ones who say it can be anything from cleared to a felony conviction and show how they will work to minimize it and the strategy seems valid to you.

Oh yeah, right off the money already paid tot he attorney you have and be prepared to spend more.

Good luck.
Steve Rothstein


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RedRaider in DFW
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Re: Help! Places Weapons Prohibited

Postby RedRaider in DFW » Sat Oct 28, 2017 10:29 am

srothstein wrote:You have already taken the most important step I could recommend. I always recommend hiring a lawyer when dealing with law enforcement as a suspect in any way.

This means the only help I can offer is to talk with your attorney and find out what he is doing. If he will not talk to you, leave a message that you are losing confidence in him and you need to have confidence in your attorney. Find another attorney and replace him. One way to find a better attorney is to get a list of attorneys from the local bar association that have experience in criminal defense and certification in both state and federal court, especially FAA administrative courts. Spend a little time talking to each one to see which you feel best with. Then hire that person.

This is a little expensive as you will probably have to pay a small amount to talk to each lawyer. Many will charge a consultation fee. Treat this interview as if they were job applicants since that is what they are, even if they don't see it that way. You want to review their experience, education, and strategy for this case. See what they think they can do for you and how they will minimize the damage to you. My only hint on this is to quickly rule out anyone who claims they can get you out 100% and for you not to worry. Give most credence to the ones who say it can be anything from cleared to a felony conviction and show how they will work to minimize it and the strategy seems valid to you.

Oh yeah, right off the money already paid tot he attorney you have and be prepared to spend more.

Good luck.


I paid $2500 and owe $2000. If I fire him, all $4500 is toast right?


srothstein
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Re: Help! Places Weapons Prohibited

Postby srothstein » Sat Oct 28, 2017 10:31 am

I don't know since that would be between him and you. You might get away with only the $2500 being gone and keep the 2000. He might demand all of it.
Steve Rothstein


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RedRaider in DFW
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Re: Help! Places Weapons Prohibited

Postby RedRaider in DFW » Sat Oct 28, 2017 11:21 am

srothstein wrote:I don't know since that would be between him and you. You might get away with only the $2500 being gone and keep the 2000. He might demand all of it.


At this point, I don’t care. Thanks!

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GeekwithaGun
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Re: Help! Places Weapons Prohibited

Postby GeekwithaGun » Sun Oct 29, 2017 9:44 am

PM sent
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C-dub
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Re: Help! Places Weapons Prohibited

Postby C-dub » Sun Oct 29, 2017 8:11 pm

I'm really sorry this happened to you. I don't have any other words of wisdom that I'm sure you haven't already heard and won't pour any more salt on your wounds. There has already been some excellent advice given. I hope you come out of this without losing your 2A rights and remain free.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.


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