Gun Possession at LaGuardia Airport

LaGuardia Airport in Queens, New York, is one of the nation’s most heavily trafficked and tightly secured transportation hubs. Every day, thousands of travelers pass through its terminals unaware that New York’s firearm laws are among the strictest in the United States. For this reason, it should surprise no one that LaGuardia Airport is a hotbed for arrests by the Port Authority Police for violating Penal Law §265.03, Criminal Possession of a Weapon in the Second Degree, and Penal Law §265.01-b(1), Criminal Possession of a Firearm. Even law-abiding visitors from other states, licensed to carry under their home laws, can face felony charges when a firearm is discovered in a carry-on, checked bag, or vehicle within the airport. Unlike other jurisdictions, New York does not honor out-of-state handgun permits, and possession of an unlicensed weapon inside LaGuardia can trigger serious felony prosecution under Article 265 of the New York Penal Law.

Saland Law, led by firearm criminal defense attorney and former Manhattan prosecutor Jeremy Saland, routinely defends otherwise law-abiding travelers who find themselves in handcuffs at LaGuardia Airport. Understanding the statutes, the process, and the defenses available can make the difference between a life-altering felony conviction and a resolved mistake.

The Environment and Enforcement at LaGuardia

LaGuardia is under the jurisdiction of the Port Authority Police Department (PAPD) and the Queens County District Attorney’s Office. The airport’s terminals, including Terminals A through D, each have their own TSA security zones, PAPD patrols, and surveillance coverage. The security procedures at LaGuardia are not just administrative—they are linked directly to state and local criminal enforcement.

When a firearm image appears on a TSA X-ray screen, or one a pistol or revolver is declared with a particular airline,TSA officers or airport staff immediately notify PAPD. The responding officers secure the scene, question the passenger, and seize the weapon. What many travelers do not realize is that this action triggers the full force of New York Penal Law §265.01-b(1) and §265.03, which criminalize the possession of a handgun without a valid New York license. The PAPD then transports the traveler to Queens Central Booking in Kew Gardens, where the case becomes part of the NYCcourt system.

Why Travelers Are Arrested So Frequently

The majority of LaGuardia gun arrests involve out-of-state residents who believed they were following the rules and were taking the lawful and proper steps to declare their firearm. A visitor from Florida, Texas, or Georgia may hold a concealed carry permit at home but does not realize that New York refuses to recognize those licenses under Penal Law §400.00. Even if the firearm was unloaded, locked, and declared at the airline counter, possession within the airport terminal violates New York Penal Law §265.01-b(1), which makes it a Class E felony punishable up to four years in prison to possess any operable handgun without a valid local permit. 

Another frequent scenario involves Penal Law §265.03(3), known as Criminal Possession of a Weapon in the Second Degree. This Class C violent felony applies when a person possesses a loaded firearm outside their home or place of business. The term “loaded” is defined under Penal Law §265.00(15) to include any firearm that is accompanied by ammunition capable of being fired from it. That definition means that even if no round is in the chamber, a pistol stored with ammunition in the same bag may still be considered “loaded”. Far worse than Criminal Possession of a Firearm, this crime mandates a minimum of 3.5 years incarceration and up to fifteen years upon conviction even without any prior history whatsoever. 

For travelers, these legal distinctions can be devastating. A minor oversight in packing can instantly lead to an arrest carrying mandatory prison exposure.

The Legal Process After a LaGuardia Arrest

Once PAPD officers confirm that a firearm is present, they place the traveler under arrest and seize the weapon, any ammunition, and luggage as evidence. At some point, the firearm is tested for operability, a requirement under Penal Law §265.01-b(1) and §265.03, which both require that the weapon be functional for a conviction. Well before then, however, the defendant is taken to Queens Central Booking at 125-01 Queens Boulevard in Kew Gardens after he or she is fingerprinted, and held pending arraignment.

At arraignment, prosecutors from the Queens County District Attorney’s Office present a felony formal complaint outlining the charges. Prosecutors will allege whether the firearm was “loaded” under state law and whether the accused possessed it knowingly. In nearly all LaGuardia gun cases, the defendant is from out of state and has no criminal record, yet bail is often requested because the charges are felonies. Although judges sometimes release travelers on their own recognizance, the process itself can be grueling, with long hours in custody and property held for months as evidence.

Federal Law and Its Limits at LaGuardia

Some travelers cite federal safe passage protections under 18 U.S.C. §926A, which allows individuals to transport firearms through states if the weapon is unloaded, inaccessible, and the trip is continuous between two places where possession is lawful. However, New York courts narrowly interpret this statute and even those travelling in compliance with the law will be arrested and charged first before any determination is later made. If a traveler stops in New York overnight, reclaims luggage, or checks in for a connecting flight, prosecutors argue that the continuous journey requirement is broken.

Because LaGuardia is located entirely within New York City limits, New York City Administrative Code §10-131 further restricts possession and transport. Even those attempting to comply with TSA and federal transport rules can be arrested if they physically possess the firearm within city boundaries. Federal safe passage laws do not override these state or municipal offenses.

How Prosecutors Handle Airport Gun Cases

The Queens County District Attorney’s Office prosecutes dozens and possibly even hundreds of airport-related gun arrests each year. Assistant District Attorneys are trained to evaluate several factors: whether the firearm was operable, whether ammunition was nearby, whether the traveler voluntarily declared the gun, and whether there was any evidence of criminal intent.

For those charged under Penal Law §265.03, exposure is significant. The offense is categorized as a violent felony, requiring a minimum sentence of three and a half years in prison if convicted. Even Penal Law §265.01-b(1), the less serious Class E felony, can result in probation, fines, and a permanent criminal record. However, with the right advocacy, prosecutors may agree to reduce or even dismiss charges with an Adjournment in contemplation of Dismissal, or ACD, for first-time offenders who cooperated fully, provided that a skilled attorney negotiates effectively and presents compelling mitigation.

Defenses and Legal Strategies

Challenging the Search and Seizure

While TSA screenings are administrative, once PAPD officers begin investigating, the Fourth Amendment applies. If law enforcement exceeds the scope of an administrative search, fails to read Miranda warnings, or conducts questioning without counsel, the defense can seek suppression under Criminal Procedure Law §710.20. Evidence obtained improperly may be excluded, significantly weakening the prosecution’s case.

Contesting Possession and Operability

To prove guilt under Penal Law §265.01-b(1) or §265.03, prosecutors must establish both possession and operability beyond a reasonable doubt. If the firearm was packed by another person, stored in checked luggage, or inoperable, those facts may undermine essential elements of the charge. Defense counsel may obtain independent testing or challenge the state’s laboratory findings.

Arguing Lack of Criminal Intent and Good Faith

Although these statutes are largely strict liability offenses, showing good faith can, and in Saland Law’s experience does, influence negotiations. A traveler who declared the firearm at the counter, complied with TSA procedures, and acted responsibly can present strong mitigation. Saland Law compiles documentation such as firearm permits, safety course certificates, and employment records to demonstrate that the client is a law-abiding gun owner, not a criminal.

The Range of Possible Outcomes

The ultimate resolution of a LaGuardia firearm case depends on the statute charged, the evidence, and the traveler’s history. Outcomes may include:

• Dismissal on Legal Grounds: Achieved through successful suppression motions or insufficient proof.Adjournment in Contemplation of Dismissal (ACD): Case is dismissed after a six monthperiod if no further offenses occur.
• Conditional Plea or Violation: Sometimes used to resolve first-time cases with minimal penalties. A non-criminal violation routinely offered in these scenarios is a Disorderly Conduct, Penal Law 240.20.
• Eduction to a Misdemeanor under Penal Law §265.01: Allows the avoidance of a felony record. Saland Law avoids this disposition to ensure clients are not burdened in the future in any way.
• Felony Conviction: Reserved for loaded firearm cases where the law is fully satisfied. Saland Law has never had a client convicted of a felony or any criminal conduct who is a first-time offender and has a demonstrative history of abiding by the law.

Even when incarceration is avoided, collateral consequences can include TSA fines, revocation of gun ownership rights, and complications with immigration or professional licensing.

How Saland Law Defends LaGuardia Gun Cases

Jeremy Saland’s background as a prosecutor and years of experience in Queens County defending firearm cases at both LaGuardia and JFK airports, provides a critical advantage in identifying the pressure points in airport arrests. If reviewing  surveillance footage from TSA checkpoints and airline counters is critical, Saland Law will do so. The firm also reviews Port Authority police reports, lab testing documents, and statements recorded during the initial detention.

Every element is analyzed under Article 265 to determine whether the firearm meets the statutory definition of loaded, whether operability was correctly tested, and whether the alleged possession was legal under any recognized defense. In many cases, strategic negotiation combined with credible mitigation has led to dismissals and noncriminal outcomes  for clients who made an honest mistake while traveling.

What to Do If You Are Arrested at LaGuardia

Remain calm, polite, and avoid making statements beyond basic identification. Do not attempt to explain your permit, the law in your home state, or federal transport rules. Politely request an attorney and refrain from answering questions until you are represented. Saland Law can appear at arraignment, coordinate property release, begin communication with the Queens District Attorney to preserve favorable resolution options, and facilitate your release from custody.

Protect Your Future After a LaGuardia Gun Arrest

A gun possession arrest at LaGuardia can affect far more than your travel plans. It can jeopardize employment, professional licensing, and firearm rights in your home state. Because these cases are handled as felonies under New York Penal Law Article 265, they must be taken seriously from the outset. An early, informed defense can prevent irreversible harm to your record and reputation.

Few experiences are as disorienting as being arrested in an airport for a gun you legally own elsewhere. Yet this scenario happens daily at LaGuardia because New York’s firearm statutes criminalize possession without regard to intent or misunderstanding. The combination of strict state law, city regulations, and aggressive airport enforcement makes these cases uniquely perilous.

Saland Law understands the interplay between TSA procedure, Port Authority enforcement, and the Queens District Attorney’s charging decisions. We know the prosecutors, the courts, and the defenses that work in this setting. Whether your case calls for litigation, negotiation, or a motion to dismiss, we will protect your rights and pursue the result that allows you to move forward with your life.

If you or someone you know has been arrested for gun possession at LaGuardia Airport, contact Saland Law today for a confidential consultation. We will evaluate your case, explain the applicable statutes, and develop a defense strategy tailored to your situation and your future.