"I Forgot It Was in My Bag": Firearm in Carry-On at Orlando Airport

How Common Is This? More Than You Think.

In 2023, TSA officers discovered a record 6,737 firearms at airport security checkpoints nationwide—an average of more than 18 per day. Approximately 93% of those firearms were loaded.

MCO Ranks in the Top 10

Orlando International Airport consistently ranks among the busiest airports for TSA firearm discoveries, reflecting Florida's high rate of concealed carry permits and tourist traffic.

The profile of the typical person caught with a firearm at TSA is not a criminal. It's a lawful gun owner—often a concealed carry permit holder—who uses a bag for multiple purposes: range bag, travel bag, everyday carry bag. They pack in a hurry, forget to check compartments, and walk into the checkpoint unaware that their firearm is inside.

Common Scenarios We See

The Range Bag: Client uses a backpack for the shooting range. Same backpack becomes their travel carry-on. Firearm stays in the pocket.
The Everyday Carry Switch: Client normally carries in a purse or laptop bag. Switches bags for travel but forgets to transfer or remove the firearm.
The Business Traveler: Client travels frequently, sometimes armed (driving) and sometimes not (flying). Loses track of which trips require securing the firearm.
The Spouse's Bag: One spouse places the firearm in a bag. The other spouse unknowingly takes that bag to the airport.

None of these scenarios involve criminal intent. All of them can result in arrest and criminal charges.

What Happens When TSA Finds a Firearm

The moment the X-ray operator spots a firearm in your bag, a specific protocol begins. Understanding this process is critical.

Step 1: TSA Stops the Line

The X-ray operator will stop the belt and call for a supervisor. Your bag will not be returned to you. You will be asked to step aside. Do not attempt to reach for the bag or explain—remain calm and comply with instructions.

Step 2: Law Enforcement Is Called

TSA does not have arrest authority. They will summon airport police or, at MCO, the Orlando Police Department's Airport Division. An officer will respond to the checkpoint and take control of the situation.

Step 3: You Will Be Questioned

The officer will ask you questions: Is this your bag? Did you know the firearm was inside? Do you have a concealed carry permit? Where were you traveling? You have the right to remain silent. Anything you say can and will be used against you.

Step 4: Arrest or Notice to Appear

Depending on the circumstances, you may be arrested on the spot or issued a Notice to Appear (essentially a criminal summons). Either way, you are now facing criminal charges in Florida.

Step 5: TSA Civil Penalty Process Begins

Separately from any criminal charges, TSA will initiate a civil penalty process. You will receive a letter from TSA proposing a fine. These fines range from $1,500 to $12,210 depending on the firearm's condition.

Critical Warning: Do Not Admit Intent

In the stress of the moment, many people instinctively say things like "I completely forgot it was there" or "I didn't mean to bring it." While these statements seem exculpatory, they actually confirm possession and control—elements the State must prove. Politely decline to answer questions without an attorney present.

Criminal Charges You May Face

Bringing a firearm into an airport security checkpoint can result in state criminal charges, federal charges, or both. The specific charges depend on whether you have a concealed carry permit, whether the firearm was loaded, and how far you progressed through the checkpoint.

Florida State Charges

Carrying a Concealed Weapon Without a License (F.S. 790.01)

If you do not have a valid Florida Concealed Weapon License (or recognized out-of-state permit), carrying a concealed firearm is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.

Even if you possess a valid CCW license, Florida Statute § 790.06(12) prohibits carrying in specific locations—including inside the sterile area of an airport (past the security checkpoint). Carrying in a prohibited location can result in charges.

Improper Exhibition of a Firearm (F.S. 790.10)

If the firearm is displayed or exhibited in a manner that causes alarm, additional charges under Florida Statute § 790.10 may apply. This is a first-degree misdemeanor punishable by up to 1 year in jail.

Federal Charges

49 U.S.C. § 46505: Carrying a Weapon on an Aircraft

Federal law prohibits carrying a concealed dangerous weapon on or attempting to board an aircraft with a concealed dangerous weapon. This is a federal felony carrying up to 10 years in federal prison.

Federal prosecution is more likely if you actually boarded the aircraft (rare, but it happens with missed detections) or if aggravating factors exist (prior criminal history, large quantities of ammunition, statements indicating intent).

In most cases involving inadvertent possession by lawful gun owners, federal prosecutors decline to pursue charges, leaving the matter to state authorities. However, the federal civil penalty through TSA proceeds regardless.

TSA Civil Penalties: Up to $12,210 Per Violation

Separate from criminal prosecution, TSA administers a civil penalty program for violations of security regulations. Bringing a firearm to a checkpoint triggers this process automatically.

TSA Penalty Guidelines for Firearms

According to TSA's civil enforcement guidelines, penalties range from $1,500 to $12,210 depending on the state of the firearm and the existence of any aggravating factors.

You Can Contest TSA Penalties

TSA civil penalties are negotiable. You have the right to request an informal conference with a TSA attorney to present mitigating factors. First-time violations by CCW holders with clean records often result in significantly reduced penalties. We can assist with this administrative process.

Defense Strategies for Airport Firearm Cases

While "I forgot" is not a complete defense, there are viable legal strategies depending on the specific facts of your case.

1. Lack of Knowledge

Florida criminal statutes generally require proof that the defendant knowingly committed the prohibited act. If you genuinely did not know the firearm was in the bag—for example, if someone else placed it there without your knowledge—this negates an essential element of the offense.

Example: Your spouse placed a firearm in a bag for safekeeping. You later grabbed that bag for a trip without knowing the firearm was inside. The State must prove you knew or should have known the firearm was present.

2. Valid Concealed Carry License

If you possess a valid Florida Concealed Weapon License or a recognized out-of-state permit, you are not guilty of carrying a concealed weapon without a license (F.S. 790.01). This eliminates the most serious felony charge in many cases, though charges related to carrying in a prohibited location may still apply.

3. Pre-Trial Diversion Programs

Orange County and other jurisdictions offer pre-trial diversion programs for first-time offenders. Successful completion results in dismissal of charges. Eligibility depends on your criminal history, the specific charges filed, and the prosecutor's discretion.

4. Negotiated Reduction or Dismissal

Prosecutors recognize that many airport firearm cases involve lawful gun owners who made a mistake. With proper presentation of mitigating factors—CCW license, clean record, compliance with officers, no aggravating circumstances—we can often negotiate reduced charges or outright dismissal.

Our Approach

We compile a comprehensive mitigation package demonstrating your law-abiding history, responsible gun ownership, and the inadvertent nature of the violation. This package is presented to the prosecutor early in the process to maximize the chance of a favorable resolution before the case progresses to trial.

How to Legally Travel with a Firearm

Federal law permits you to transport firearms in checked baggage, provided you follow TSA and airline requirements.

TSA Requirements for Checked Firearms

Unloaded: The firearm must be completely unloaded. No round in the chamber, no loaded magazine inserted.
Hard-Sided Case: The firearm must be in a hard-sided, locked container. TSA-approved locks are recommended, though some travelers use non-TSA locks to prevent unauthorized access.
Declared: You must declare the firearm at the airline check-in counter. You will complete a declaration card that goes inside the case.
Ammunition: Ammunition must be in original packaging or a container designed for ammunition. It may be packed in the same hard-sided case as the firearm or separately in checked baggage.
Checked Baggage Only: Firearms and ammunition are prohibited in carry-on bags.

Airlines may have additional requirements. Always check your specific airline's policies before traveling.

Frequently Asked Questions

Will I definitely be arrested?

Not necessarily. Depending on the circumstances—particularly if you have a valid CCW license and cooperate with officers—you may be issued a Notice to Appear rather than taken into custody. However, criminal charges will still be filed in most cases.

Can I just put the gun in my checked bag and proceed?

No. Once the firearm is discovered at the checkpoint, you cannot simply "fix" the situation by checking the bag. The violation has already occurred. Law enforcement will be called regardless.

Will I lose my concealed carry permit?

If you are convicted of a felony or certain misdemeanors, your CCW license will be revoked. If charges are dismissed or you complete a diversion program, your license is typically unaffected. Protecting your CCW license is a key objective in our defense strategy.

What about my flight? Will I miss it?

Yes, you will miss your flight. The investigation and processing will take several hours at minimum. If you are arrested, you will be transported to the Orange County Jail for booking. Even if you are released with a Notice to Appear, you will need to rebook your travel.

Can I get this expunged from my record?

If charges are dismissed or you successfully complete a pre-trial diversion program, you may be eligible for expungement. If you are convicted—even with adjudication withheld—expungement options are more limited. Learn more about sealing and expunging your record.

Firearm Found at TSA? Call Us Immediately.

Time is critical. The statements you make and the decisions you take in the first hours can determine the outcome of your case. We can guide you through the process, protect your rights, and fight to preserve your clean record and your CCW license.

Available 24/7 • Airport Cases • CCW License Protection • TSA Penalty Negotiations

Call: 407-500-7000 Request Free Consultation

Law Office of Jeff Lotter PLLC
Serving Orlando, Orange County, and Central Florida

"I Forgot It Was in My Bag": The TSA Firearm Discovery That Can Ruin Your Trip—and Your Record