TSA Screening: Empty magazine question

[bigmike82]

The penalty is only 1000, not 10000.

Get a lawyer and pursue a plea bargain for no jail and a 1000 fine.

Mr. Davis is a great attorney, if you don't have one otherwise:

http://www.calgunlawyers.com/Davis_&_Associates/Jason_Davis.html

[Petro6golf]

Your local county has far more horrendous things to worry about than joe citizen at the airport with a magazine. Get a lawyer and fight it has hard as you can. they will probably dismiss it in the interest of justice.

[dinkydau]

I did see the seller place the magazine in the holster at the FFL. However, I DID forget it was in the holster. I did look at Calif CPC 171.5 and saw that too about "sterile area." Would this have happenedin Texas or another state? Dont know. I did go to the TSA website and didnt find unload magazines prohibited or on the Airline website. This was after I arrived home. I still was able to fly.
I plan to go to court, but dont know how much a gun attorney will cost. I just would like it dismissed. It was a legitimiate oversight on my part. I DID NOT KNOWINGLY bring the empty magazine with me through the TSA checkpoint.

[Ron-Solo]

As you approach any screening area, there are signs indicating that prohibited items are not allowed. The sterile area begins there. Once you get to the X-ray and metal detector, you are in the sterile area and it is too late.

The op needs a good firearms lawyer.

For courthouses, the moment you cross the threshold of the building, you have committed the violation if you are in possession of a ptohibited item.

[epilepticninja]

Hopefully the OP will find a good lawyer that can convince the DA not to file and keep this out of court.

That is the best scenario that I see.

[dinkydau]

I looked up the violation:

it says also Knowingly, which I didnt.
Also
6 mo. in jail or $1000 fine or both.
Never have been in trouble with the law at all.
4yrs active military and 25 in the Reserves and retired. Worked for the Fed govt for 29yrs including 5 at a VA hospital. I currently work now full time.
I was an oversight on my part. I forgot the magazine was there and wasnt sure at the screening time.
Any scenaerios?
i know, get a lawyer. I am going to wait until i hear from the court which I about 2 weeks from now. I am also still at my job.
I hope I dont go to jail. I am by myself, dont have a family and have a pet at home.
Please your thoughts and opinions again, thanx.

[Maltese Falcon]

I think jail is out. They are letting real criminals out after serving 10% of their time. Property crimes in my town of Glendale have spiked. They have no room for good citizens like you. Worse I see, is probation and a fine.

I understand that close to 90% of cases are plead out. Re: Recent Supreme Court ruling regarding competent representation during the plea negotiations.

A good lawyer can probably work wonders, the courts / DAs are suffering massive budget cuts and the DA has no great incentive to bring this to trial.

Good luck.

.

[TRICKSTER]

The goal should be to keep it out of court. Get a lawyer and be proactive. A good lawyer may be able to nip this in the bud and keep it out of court. It's best to try and stop this before it gets any further.
Sitting back and waiting to see what happens is not a good strategy unless you realy don't care what happens. Talk to a lawyer ASAP.

[dinkydau]

Contact a lawyer today in OC and will take me on. He is goiing to appear for me and will try to get it dismissed. I know ignorance of the law is no excuse. CPC 171.5 says KNOWINGLY, however DID NOT, i forgot the unloaded magazine was there, then realized it was then the TSA people were looking at their screen and it was an oversight on my part.

[alex818]

I'm interested to know the outcome. Subscribing to this thread. Please post results.

Good luck to you!

[dinkydau]

I am still fighting the citation with a lawyer. An inspector for TSA at the airport where this happened, called me at home and spoke to me and they are going to issue only me a warning letter. I will be in their database and if happens again then they will contact my employer. So I can still fly. They, at this time, they are NOT going to contact my employer. He told me if I have any doubts to just check in as luggage even the empty holster, that it may or may not show up on the screen. He told me to travel smarter.

[Ron-Solo]

I am still fighting the citation with a lawyer. An inspector for TSA at the airport where this happened, called me at home and spoke to me and they are going to issue only me a warning letter. I will be in their database and if happens again then they will contact my employer. So I can still fly. They, at this time, they are NOT going to contact my employer. He told me if I have any doubts to just check in as luggage even the empty holster, that it may or may not show up on the screen. He told me to travel smarter.

This sounds reasonable and within the spirit of the law.

[lpspinner]

FYI...

TSA Prohibited Items

Parts of Guns and Firearms = No (The no is for carry on baggage.)

[dinkydau]

I just read the link again and looked down and it does say parts of Firearms.

[Crzy2bealive]

Glad it worked out for you.


Sent from the iPhone1000 using Tapatalk [rpo]