Please don’t get caught with a gun at LAX airport. California laws regarding where a person can have a firearm are complicated. Even with a CCW license, and with the injunction on many sensitive places in May v Bonta, it can be confusing to understand where a person can have a gun in California. Some shooting instructors even believe that it is okay to have a gun on airport property as long as you don’t take it through the TSA security checkpoint. In California, this is not true.
Gun at LAX – What’s the Law?
Penal Code section 171.5 prohibits possession of a firearm “in any building, real property, or parking area under the control of an airport.” So, in California, it is not only prohibited to bring a gun through the security checkpoint, but it is also illegal to have it on airport property. There are exceptions for CCW licensees to store the gun in their vehicle.
In addition to criminal penalties, TSA can impose a civil penalty of up to $17,000. In most cases, the civil penalty is more like $5,000 for having a gun at LAX. People who bring guns through airport security checkpoints will also lose TSA pre-check privileges, but should be able to get them back after 5 years of good behavior.
What Can We Do About It?
Recently, we had a client who forgot about the gun in his backpack. He went through security at LAX airport. Security personnel take a gun at LAX very seriously. They immediately noticed the firearm and arrested our client. They gave him a citation and notice to appear in court at the Airport Courthouse in Los Angeles. Prosecutors charged him with possession of a firearm under Penal Code section 25400, as well as possession of a firearm at an airport per section 171.5.
An additional consequence of many of California’s gun laws is loss of firearm rights. For example, a conviction of possession of a firearm under section 25400 would result in a 10-year firearm ban. The legislature added that to section 29805 in 2024.
If you are charged with having a gun at LAX, it is important to retain an attorney who is familiar with both criminal defense law and firearms. We immediately connected the client with a court-respected gun safety course and helped him put together a mitigation packet.
When the court date came, we entered a Not Guilty plea to the charges of possession of a gun at an airport and possession of a firearm. Then, we filed a formal motion for judicial diversion. Penal Code section 1001.95 authorizes that judge to grant diversion in this kind of case. When we filed the motion, we attached the gun safety class certificate and several letters attesting to the client’s character. We then argued the motion in court and convinced the judge to grant the motion.
The client completed all of the required terms, and the court dismissed all criminal charges, including for having a gun at LAX. The client’s criminal record remained clean and his firearms rights remained intact.
Who Are We?
Don Hammond is the founder of Criminal Defense Heroes, P.C. He is an award-winning Los Angeles criminal defense attorney and gun rights attorney. He runs the CA Gun Law channel on YouTube and he is a firearms instructor. When you are facing criminal charges related to firearms, our firm brings unique experience to the courtroom. If you are facing charges for having a gun at LAX or any other airport, give us a call today to discuss how we can help at 323-529-3660.
