Gun Possession at JFK

Travelers arrive at John F. Kennedy International Airport every day assuming that following airline rules is enough to stay on the right side of the law. For firearms, that assumption can be dangerously wrong leading to an arrest for felony crimes including Second Degree Criminal Possession of a Weapon, New York Penal Law 265.03, or Criminal Possession of a Firearm, New York Penal Law 265.01-b(1). JFK is policed by the Port Authority Police Department (PAPD) and prosecuted in Queens County at 125-01 Queens Boulevard in Kew Gardens. New York gun statutes are among the strictest in the nation. A well-meaning traveler who declares an unloaded handgun at a ticket counter can, and will, still be arrested, charged with a felony, and taken through a criminal process that threatens liberty, employment, immigration status, and the ability to own or carry a firearm in the future. Saland Law represents clients who find themselves in this exact situation. Led by former Manhattan prosecutor Jeremy Saland, our firm understands how these cases start at the airline counter and how they end in a Queens courtroom. This page explains the law, the process, the common fact patterns, the pitfalls, and the strategies that can help protect you when a trip suddenly turns into a criminal case.

Why JFK Gun Cases Are Different

The intersection of airline rules and New York criminal law

Airlines and the Transportation Security Administration publish rules for transporting firearms in checked baggage. Those rules allow unloaded firearms locked in a hard-sided case, declared to the airline, and transported in checked luggage. People arrive at JFK believing that if they follow those steps, they are in compliance. In New York, compliance with airline and TSA guidance does not equal compliance with state criminal law and Article 265 of the Penal Law. Once a person brings a firearm into a New York airport terminal, New York’s possession offenses can apply. This disconnect explains why arrests at the counter are so common.

Sensitive spaces and public safety priorities

Airports are heavily regulated spaces with security and public safety at the forefront. The Port Authority Police Department has an established protocol for firearm declarations that do not align with New York licensing and possession rules. Officers verify identification, licensing status, and where the person is traveling to and from. In many cases, when the traveler lacks a New York license or when the possession facts fit New York’s definitions of illegal possession, the encounter turns into an arrest. Local priorities and uniform charging policies often limit the discretion of individual officers or supervisors at the scene.

Queens County as a forum

Every JFK arrest proceeds through Queens County Criminal Court. Arraignment, discovery, plea negotiations, and motions follow the same procedural rules as other New York criminal cases, but prosecutors and judges in Queens handle airport weapon cases frequently and therefore treat them as a distinct category. The result is a process that feels routine to the courthouse, yet overwhelming to the traveler who has never been arrested before. Though your initial appearance will be in person, especially if you are taken to the Tombs upon your arrest, Saland Law may be able to secure a virtual appearances for later dates and court appearances if you reside out of state. 

The Charges You May Face

Felony Criminal Possession of a Firearm

Under New York Penal Law §265.01-b(1), any person who possesses an unloaded firearm without a valid New York State license commits the felony offense of Criminal Possession of a Firearm. This law applies even when the individual legally owns the gun elsewhere or holds a concealed carry permit from another state. New York does not recognize out-of-state firearm licenses or concealed carry permits. Therefore, a traveler who brings a handgun to JFK, even one properly declared at the airline counter, may be charged with a felony upon arrival if they lack a New York license.

Importantly, prosecutors do not need to prove intent to use the firearm unlawfully. The statute is a strict liability offense in this respect: mere possession of a handgun within New York State borders, without proper authorization, is sufficient for a criminal charge. For travelers accustomed to states with reciprocity laws, this can be a harsh and unexpected consequence. Conviction under §265.01-b(1) is a Class E felony, carrying potential imprisonment up to four years, probation, and a permanent criminal record that can affect employment, immigration, and firearm rights nationwide.

Loaded Firearm and How New York Defines It

New York law goes further when the firearm is considered “loaded.” Under New York Penal Law §265.03(3), possession of a loaded firearm outside of one’s home or place of business constitutes Criminal Possession of a Weapon in the Second Degree, a Class C felony punishable by up to 15 years in prison and a mandatory minimum of 3.5 years.

The legal definition of “loaded” in New York is broader than in many jurisdictions. Under Penal Law §265.00(15), a firearm is “loaded” not only when a round is in the chamber, but also when ammunition is present in the same location and readily accessible. For example, if the gun’s magazine is loaded and inserted into the firearm, even with no bullet chambered, the weapon is deemed loaded under state law. Even if ammunition is stored separately but within reach and the firearm is operable, prosecutors may still argue it qualifies as loaded.

This definition often transforms what travelers believe is a harmless, unloaded transport into a serious felony. Establishing operability is a crucial step handled by the NYPD’s laboratory, as an inoperable weapon cannot sustain a §265.03 charge. Defense counsel must review lab reports carefully, as testing methods and results can significantly impact the severity of the charges.

Possession in a Prohibited Location

Even if a gun is unloaded and stored properly, New York Penal Law §265.01(1), criminal possession of a weapon in the fourth degree, can apply when a person knowingly possesses a firearm in a prohibited location such as an airport terminal. The rationale is public safety: airports are deemed sensitive areas where firearms are strictly forbidden except for law enforcement.

When the location is JFK International Airport, prosecutors often pursue these charges aggressively, viewing the presence of a firearm in a crowded public space as inherently dangerous. This remains true even when the traveler declares the firearm at the counter, follows TSA guidelines, and acts in full cooperation. The prosecution’s theory is that intent is irrelevant because the act of bringing a gun into a New York airport violates the statute. Though this offense is typically a Class A misdemeanor, it can accompany or escalate to felony charges depending on the firearm’s type, condition, and the presence of ammunition.

Other Potential Add-On Charges

Depending on the circumstances, prosecutors may include additional or companion charges arising from the same incident. Common examples include:

• Unlawful possession of ammunition, under Administrative Code §10-131(i)(3), which prohibits possession of ammunition without a valid New York City permit or firearm license.
  
• Possession of large-capacity ammunition feeding devices, under Penal Law §265.02(8), which makes it a Class D felony to possess a magazine capable of holding more than ten rounds.
  
• Possession of an unserialized or “ghost” gun, prohibited under Penal Law §265.01(9), for any weapon lacking a valid serial number.
  
• Criminal Possession of a Weapon in the Third degree, under Penal Law §265.02(1), which can apply if the person has a prior conviction or if certain aggravating factors are present.

If the firearm has been modified, contains prohibited components, or was transported in a manner inconsistent with federal regulations, these issues can add complexity and severity to the case. 

These multiple layers of exposure highlight why travelers should never attempt to explain or justify the situation directly to police or prosecutors without legal counsel present. What may seem like a clarifying comment can instead provide evidence used to strengthen the state’s case.

How Arrests Happen at JFK

The airline counter scenario

The most common scenario begins at the check-in counter. A traveler calmly tells an airline agent that there is an unloaded firearm locked in a hard-sided case inside checked baggage. The agent notifies Port Authority Police, who respond and ask questions. Officers examine identification, any gun license the traveler presents, the gun case, and the ammunition. If the traveler does not hold a New York license, or if facts suggest the weapon is considered loaded under New York law, officers arrest the traveler. From the traveler’s perspective, nothing about the exchange feels confrontational. From law enforcement’s perspective, the elements of the offense have been met in a sensitive location.

The TSA checkpoint discovery

Another path to arrest occurs when a firearm is detected in carry-on baggage at the TSA screening area. TSA calls PAPD. The weapon is secured and the traveler is detained. These cases can be more difficult to mitigate because bringing a gun to a checkpoint raises immediate security concerns, even when accidental. In the eyes of prosecutors, there is a difference between a person declaring their gun and one who appears to be trying to sneak the pistol or revolver on the plane. Saland Law has successfully represented clients in both scenarios and avoided criminal convictions and records.

Central booking or desk appearance ticket

After arrest, PAPD transports the traveler for processing. Depending on factors such as criminal history, residence, and the specific charges, the person may be taken to central booking for arraignment the next day or issued a desk appearance ticket. A D Appearance Ticket directs the person to return on a future date for arraignment instead of spending the night in custody. Either way, the case formally begins in Queens Criminal Court.

Common Myths That Hurt Your Case

Myth 1: Declaring the gun protects you from arrest

Declaring a firearm to the airline is required for checked transport, but it is not a shield against New York law. Declaration often triggers the law enforcement response that leads to arrest.

Myth 2: My home state permit is enough

New York does not recognize other states’ handgun permits. A valid license from home may show good faith and help in mitigation, but it does not legalize possession at JFK.

Myth 3: No bullet in the chamber means not loaded

Under New York law, a handgun can be considered loaded without a round in the chamber if ammunition is present and accessible and the gun is operable. A magazine loaded with cartridges can be enough.

Myth 4: TSA rules are the only rules

TSA and airline rules govern transportation. State law governs possession. You must satisfy both, and failure to satisfy New York law can lead to criminal charges even when TSA rules were followed.

Practical Steps After an Arrest at JFK

Do not make new statements

Once arrested, anything you say can be used against you. Even clarifications intended to show good faith can be misinterpreted. Politely assert your right to counsel and say nothing further about the facts.

Preserve travel and compliance records

Save boarding passes, bag tag receipts, hotel confirmations, event registrations, and any airline firearm declaration forms. These documents help establish intent, itinerary, and compliance efforts. If someone traveled with you, capture their contact information for possible witness statements.

Identify where the firearm came from and where it was going

Counsel will want to know if you lawfully owned or licensed the handgun in your home jurisdiction and whether you were traveling to another location where your possession would have been lawful. Proof of lawful ownership and destination can support mitigation, even when it does not provide a complete legal defense to New York charges.

Prepare for court and travel logistics

If you live out of state, you may need to return to Queens for arraignment or later appearances. In many cases, experienced counsel can minimize appearances or appear on your behalf for noncritical dates. Plan your travel accordingly. Stay in contact with your lawyer and promptly provide any requested documents.

How Saland Law Builds Your Defense

We understand the prosecutors’ perspective

As a former Manhattan prosecutor and an attorney who has handled dozens of firearm arrests at both JFK and LaGuardia Airports, Jeremy Saland understands how New York district attorneys analyze airport gun cases. Prosecutors balance public safety concerns with fairness to travelers who acted without malice. We know how to present your case so it aligns with outcomes that protect your record and your future.

Early intervention changes outcomes

The first days after arrest are critical. We contact the assigned prosecutor, provide targeted mitigation materials, and begin a dialogue designed to shape charging decisions. Early advocacy can mean the difference between a felony and a non-criminal resolution.

Tailored defense, not a one-size plan

No two JFK cases are identical. Some turn on the location of a magazine. Others turn on whether the firearm was operable. Still others turn on a clean history and a demonstrable effort to follow rules by a good, law abiding, community oriented, family man or woman. As needed, we craft motions and negotiation strategies around the precise facts in your file rather than relying on generic templates. 

Protecting what matters beyond the courtroom

We structure resolutions with collateral concerns in mind. We aim to preserve immigration options, professional licenses, employment, and travel freedoms. When appropriate and lawful, we pursue dispositions that can be sealed or dismissed after compliance with conditions so that a single mistake does not define your life.

Frequently Asked Questions About JFK Gun Arrests

If I declared my firearm, why was I still arrested?

Declaration satisfies airline procedure, not New York law. If you lacked a New York license or your circumstances matched New York’s possession definitions, police may still arrest you. The declaration often becomes part of the evidence.

Will I go to jail?

Even if required by law depending on the charge, many first-time offenders do not receive jail sentences in airport possession cases, especially where counsel presents strong mitigation. In fact, no Saland Law defendant ever has, just as none has ever been saddled with a criminal record.That said, certain charged offenses carry potential mandatory prison if the prosecution proves the highest levels of criminal possession. Your lawyer’s job is to drive the case toward outcomes that avoid incarceration and protect your record.

Will I get my firearm back?

Return of a handgun is rare in New York, particularly when the person is not licensed in New York. The gun is typically vouchered as arrest evidence. The legal path to retrieve a firearm in these circumstances is complicated and often unsuccessful. The priority is resolving the criminal case favorably.

Can my case be dismissed?

Dismissals occur, but they are not automatic and they are never guaranteed. In fact, a dismissal on the merits is difficult, even if Saland Law has secured adjournments in contemplation of dismissal, or ACDs, whereby cases are dismissed after six months of no new arrests. Outcomes range from dismissals after a period of good conduct to non-criminal violations, to misdemeanors, to felonies. The path depends on the facts, the lawfulness of the police conduct, the quality of your mitigation, and the advocacy on your behalf – advocacy that Saland Law delivers.

Do I need to appear in person?

For many noncritical dates your lawyer can appear for you. For key proceedings, including arraignment or any hearing where testimony may be taken, you will need to come to court. We work to reduce the burden on out-of-state clients whenever possible.

Building a Strong Record for Negotiations

Character and background materials

Well-prepared mitigation material can be persuasive. Character letters, military or public service records, clean fingerprint results, and proof of professional licensure can demonstrate that the incident was an aberration rather than a risk to public safety. We help clients present this material effectively and credibly.

Training, storage, and safety documentation

Proof of training in firearm safety, range memberships, and records showing safe storage practices can support the argument that you handled the firearm responsibly. While these facts do not legalize possession in New York, they help prosecutors and judges understand that the case does not involve negligence or disregard for safety.

Travel purpose and itinerary

Connecting the firearm’s transport to lawful, understandable purposes can help. Examples include traveling to or from a competition, a training course, a hunting trip, or returning home with a lawfully owned firearm. Again, these details do not create a defense on their own, but they support proportional outcomes.

Where to Turn After an Arrest at JFK

If you were arrested for gun possession at JFK, you are not alone. Many responsible gun owners find themselves in this situation after attempting to follow airline and TSA rules. What happens next depends on the choices you make right now. Do not make additional statements. Do not contact the airline or police to explain. Preserve your travel records and firearm paperwork. Then speak with a defense lawyer who knows this terrain.

Saland Law is led by former prosecutor Jeremy Saland. We have defended numerous travelers in Queens County who were arrested at JFK. We know how these cases are investigated, how they are charged, and how they can be resolved in ways that protect your record and your future. Contact us to discuss your situation, your goals, and your best path forward. The earlier we begin, the more opportunity we have to shape the outcome in your favor.