TSA Screening: Empty magazine question

[dinkydau]

I bought a Walther P1 though a PPT and was given the holster. The seller showed the extra magazine to me and placed it in the holster. I forgot the magazine was in the holster, plus I thought it was empty, wasnt in a gun and had no ammo inserted. I went throgh TSA at John Wayne Airport in Orange County and TSA immediately called the Sheriff to inspect. I told them I forgot the magazine was in the holster and it was emply anyway.
According to the TSA website, I couldnt find anything regarding empty magazines. I was cited a Mistemeaner under Calif Penal Code 171.5 for having any part of a gun at an airport. I didnt know this. The sheriff told me I would receive by mail a notice with 4 options on what to do. I am a lawbidding citizen, never got in trouble with the law, I am an Air Force Viet. Vet., retired after 29yrs and am employeed. Had I know this Penal code and rule, I would even have not brought the holster through the checkpoint.
I was asked where is the gun and I responded I am waiting for the 10 day waiting period; its at the local FFL.
So can anyone tell me what is going to happen or what I should do? I have a court date and would like the Judge to dismiss the Misdemeanor. I can imagine people have walkded through with all kinds of stuff and the item was just taken away.
Did TSA and the Sheriff over react? or was this normal protocal.
Please help, thanx.

[dinkydau]

I also want to say I was treated with dignity and respect. Any question that was asked of me I answered it visa versa. Before the Sheriff left, he asked me if I had any questions to him, which I did and then he shook my hand. Same thing with the TSA people. They had written a couple of items wrong and I corrected them.

[TRICKSTER]

Contact a lawyer that specializes in firearms laws ASAP.

[Jack L]

Get back to us on this. If it's the law then I assume they can enforce it. We all should know either way it unfolds.

[Tallship]

171.5 specifically states that it is illegal to possess the "frame, receiver, barrell or magazine" of a firearm in the "sterile" area of the airport, so yes, you did commit a misdemeanor. I would get a good gun attorney who can hopefully make it go away for you. Note that this is a California problem, NOT a TSA or federal problem, so it's not a s severe.

[Tripper]

IANAL
171.5 b, it is unlawful for any person to "KNOWINGLY" posses,,,...
section c8, frame, receiver, barrel or magazine.

it appears to me, you should be good,
considering the PC states "Knowingly"
in a perfect world
the DA would need to prove you KNEW it was there

if you didnt know, it seems the best anyone could argue is that you 'should' have known, i'm not sure thats good enough.

I'm thinking also a play on semantics would be interesting
the screening is PRIOR to entering a "Sterile" area
the law applies to 'sterile' area
it just seems, you didnt make it to the 'sterile' area


Good Luck
get a gun lawyer

[agent.5]

Sorry. "You forget" is not an excuse of breaking California law. Hire a lawyer.

[Falconis]

Sorry tripper that's gonna be a no go if they decide to charge. The line of questioning for something like this is, I imagine, is gonna go along the lines of:

Did you purchase all these items knowingly
Where was each item placed when you took possesion of them
When you got home after the purchase, where did you place the items,
So you either through malice or negligence just "forgot" about them and brought them into the airport?

The whole word game thing on the above is amateur hour and something I have never seen work myself. But again, that's me.

granted it could go either way at a jury trial.

The sterile area may have more weight, but it all depends on what they zoned where I guess.

[Tripper]

has nothing to do with 'forgot'

dont know means dont know, the PC doesnt state 'knowingly or ever knew or should have known'

i agree it is less likely to work though, like i said, semantics, play on words.

not diff than whether he was actually IN the 'sterile area', or if the screening area is said 'sterile' area, in which case TSA is in violation of their own policies, as they allow beverages to be consumed, or thrown away, in the screening area where said beverages are not suppose to be, the same should apply to any other 'prohibited item', yet for beverages, the screening area is the 'last ditch' area, applies to all those other prohibited items, hairspray, matches, etc... all of which can be thrown away at that time

[Tripper]

I'm thinking the line of questioning as this

PD: Mr DA did he KNOWINGLY possess the mag
DA: well, he should have, it was in his bag.

there is simply NO WAY (given what we know) a DA could assert that a person KNOWINGLY did that.

[Tripper]

some things, people simply 'dont think of', especially when it is so 'usual', taken for granted

and I hate when that happens, and it is something that 'i should have thought of'

[Falconis]

I'm thinking the line of questioning as this

PD: Mr DA did he KNOWINGLY possess the mag
DA: well, he should have, it was in his bag.

there is simply NO WAY (given what we know) a DA could assert that a person KNOWINGLY did that.

Let me say first that I think the OP just made a mistake. I don't think he is a bad guy, nor am I disparaging him or am I trying to help him. Just observe from a neutral point.

But your line of thinking will be muted, once the follow up questions are asked IMO.

To the OP, good luck. I do hope they see this for what it is and just go that route.

[Tripper]

yes, good luck
take nothing from here except for getting a good lawyer, preferably one that has a good gun related history, and, please let us know how it turns out.

[Tripper]

oh, be sure and get out of the possible 'civil' penalty of up to 10,000 i think

[TRICKSTER]

Tripper, you may mean well, but it doesn't appear that you have spent much time in criminal court. Hopefully the OP will find a good lawyer that can convince the DA not to file and keep this out of court.