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-   -   tsa fine for firearm in carryon (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1948898-tsa-fine-firearm-carryon.html)

rblum1 Jan 3, 2019 9:40 am

tsa fine for firearm in carryon
 
I forgot that I had my little derringer in my carryon bag and got stopped at security in Phoenix. I didn't get written up for a ticket, but 9 months later I get accessed a fine of nearly $5k. they offered a 50% settlement amount. Is this a reasonable fine or should I contest it? Does anyone really get the fines significantly reduced?

Often1 Jan 3, 2019 10:10 am

Presuming that there are no criminal charges in the offing, the maximum administrative penalty is $11,000.

By contesting the matter and not accepting the offer in compromise, that is what you are putting at risk.

Only you know your own risk tolerance.

Given the amounts involved and potential long-term consequences, I would find a lawyer who has handled other TSA administrative fines and consult.

Not to berate you, but for the benefit of others. If something as serious as a firearm were found at a checkpoint in general, it is best to find a lawyer immediately. There are many routes these things can take and the risks are high enough that this is where paying someone who knows the specifics is worth it.

petaluma1 Jan 3, 2019 10:23 am


Originally Posted by Often1 (Post 30604571)
Presuming that there are no criminal charges in the offing, the maximum administrative penalty is $11,000.

By contesting the matter and not accepting the offer in compromise, that is what you are putting at risk.

Only you know your own risk tolerance.

Given the amounts involved and potential long-term consequences, I would find a lawyer who has handled other TSA administrative fines and consult.

Not to berate you, but for the benefit of others. If something as serious as a firearm were found at a checkpoint in general, it is best to find a lawyer immediately. There are many routes these things can take and the risks are high enough that this is where paying someone who knows the specifics is worth it.

Incorrect. The fine is now $13,333. It was raised sometime last year, I believe.


Originally Posted by rblum1 (Post 30604425)
I forgot that I had my little derringer in my carryon bag and got stopped at security in Phoenix. I didn't get written up for a ticket, but 9 months later I get accessed a fine of nearly $5k. they offered a 50% settlement amount. Is this a reasonable fine or should I contest it? Does anyone really get the fines significantly reduced?

https://www.cbsnews.com/news/tsa-has...uns-this-year/


In press releases TSA said a typical first offense draws a $3,900 fine. But we found on average it's actually closer to $1,100. No one last year received the maximum fine.
Fight it.

FlyingUnderTheRadar Jan 3, 2019 1:01 pm

For the OP, seek legal advise.

Ari Jan 3, 2019 4:27 pm


Originally Posted by Often1 (Post 30604571)
I would find a lawyer who has handled other TSA administrative fines and consult.

^@:-)

Section 107 Jan 4, 2019 6:48 am

nice article from LAT on prosecutions for possession of firearms at LAX: http://www.latimes.com/business/la-f...103-story.html

WillCAD Jan 6, 2019 9:41 am


Originally Posted by rblum1 (Post 30604425)
I forgot that I had my little derringer in my carryon bag and got stopped at security in Phoenix. I didn't get written up for a ticket, but 9 months later I get accessed a fine of nearly $5k. they offered a 50% settlement amount. Is this a reasonable fine or should I contest it? Does anyone really get the fines significantly reduced?

Definitely find yourself a lawyer with experience in handling TSA fines and get real legal advice from a licensed attorney. Sorry I can't answer your actual question as to whether the fines can be contested or reduced through negotiation, but if you didn't get cited or arrested, and you have an otherwise clean record, perhaps TSA will be willing to dicker a little. After all, this is, unfortunately, a very common occurrence at US airports, so I would hope that they wouldn't throw the book at you. The fact that the fine assessed is less than half of the statutory maximum leads me to believe that they're not classifying you as a Terr'ist or Public Enemy Number One.

And for the love of god, anyone who owns firearms should please, please exercise responsibility with those firearms. This is not just a legal issue with potential fines like OP is facing, it's also a safety and security issue. Even a "little derringer" like OP's is not a toy or a piece of jewelry, it's a deadly weapon, and all firearms owners should know the exact location and condition of all of their weapons at all times.


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