Airport Law

[RossA]

Of course, when I need something in a hurry, I can't find it. What is the rather new law that says if you carry a gun into an airport security line that you get to take it out with no arrest? A friend's wife just got arrested in Dallas because she forgot her gun was in her purse.
Thanks

[Soccerdad1995]

Of course, when I need something in a hurry, I can't find it. What is the rather new law that says if you carry a gun into an airport security line that you get to take it out with no arrest? A friend's wife just got arrested in Dallas because she forgot her gun was in her purse.
Thanks

I thought the rule was that the TSA would turn you over to local LEO. In Texas, if you have an LTC then LEO would have nothing to charge you with as I believe the prohibition is against carrying a gun INTO the secure portion of an airport. I'm assuming here that the gun was detected before she made it into the secure portion...

[WildBill]

Of course, when I need something in a hurry, I can't find it. What is the rather new law that says if you carry a gun into an airport security line that you get to take it out with no arrest? A friend's wife just got arrested in Dallas because she forgot her gun was in her purse.
Thanks

I can't find the reference right now, but I think that similar language was in a proposed bill.

I found it.
http://www.breitbart.com/texas/2015/05/ ... ity-slips/

[Soccerdad1995]

https://www.dps.texas.gov/RSD/CHL/Legal ... lation.htm

House Bill 554 Effective: September 1, 2015

Caption: Relating to a defense to prosecution for the offense of possessing or carrying a weapon in or into the secured area of an airport.
Amends the Penal Code to add a defense to prosecution if the actor possessed a handgun that he or she is licensed to carry at the security checkpoint of an airport, and exited the screening checkpoint for the secured area immediately upon completion of the required screening process and notification of possession of the handgun.
Adds the actor cannot be arrested for the sole offense of possessing a handgun that he or she is licensed to carry, unless a police officer gives the actor the opportunity to leave the area and he or she does not immediately comply.

[RossA]

Thanks!

[rotor]

Does she have an LTC?

[txpilot]

RossA - here's the quote from the Texas Penal Code, 46.03

(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.

(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:

(1) possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and

(2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun.

(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:

(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and

(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.

[rotor]

Of course, when I need something in a hurry, I can't find it. What is the rather new law that says if you carry a gun into an airport security line that you get to take it out with no arrest? A friend's wife just got arrested in Dallas because she forgot her gun was in her purse.
Thanks

I will ask again, does your friend have a LTC? Not everyone with a gun in their purse has a LTC.

[NNT]

Does the law apply to the TSA, or just Texas law?

[twomillenium]

My understanding is that the TSA is for any contraband to be carried PAST their point of inspection. I maybe wrong though. The question has been asked "Did she have a LTC?" If she did it would be my understanding that she would have the chance to leave immediately and take care of her handgun. If she wanted to argue that she would miss her flight, then she would not be leaving immediately. If she was never given the opportunity to leave and had a LTC and was arrested by local police then, if my understanding is correct, the officer does not understand the law. (which is not that uncommon) A lot of critical information has been left out of the situation.
The above scenarios are based upon my understanding of the law if it is correct.

[txpilot]

Does the law apply to the TSA, or just Texas law?

The part I quoted is Texas law. TSA does not arrest people for carrying forbidden items (such as a handgun) through security checkpoints, they summon the local police to handle that. Texas law provides that you won't be arrested if you leave the checkpoint and return your weapon to your vehicle - or at least remove it from the checkpoint.

Having said that, the TSA can (and most likely will) issue a fine per federal law.

[RossA]

I was away and didn't check this thread over the weekend. Yes, she has a LTC. And yes, the TSA did summon the local police who arrested her. Trying to find out the status of this now.

[txyaloo]

The state charges should be dropped if everything with her LTC is in order. She will likely get a civil fine from TSA in the $2k-10k range.

[rob777]

I was away and didn't check this thread over the weekend. Yes, she has a LTC. And yes, the TSA did summon the local police who arrested her. Trying to find out the status of this now.

Wonder if this part and/or this part happened or if either party was aware of the law under this section?

(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.

[RossA]

Yeah, I asked about those specific things. From what I can gather, no warning was given and she was not given the opportunity to voluntarily leave the airport. I agree that she will probably get hit with a civil fine from TSA, but I'm betting that most cops don't even know of this law that forces them to "invite" someone to leave, and prevents them from arresting someone unless the "invitation" was given and refused.