Weapons Possession at JFK

Few experiences are as shocking as being arrested at JFK Airport for having a firearm or other weapon in your luggage in violation of one of many sections of New York Penal Law Article 265, from felony gun possession pursuant to Penal Law 265.03 to carrying a switchblade in violation of Penal Law 265.01. For many people, this moment comes as a complete surprise, whether the knuckles, knife or baton is discovered going through the TSA baggage check or the gun is being declared when checking into your flight . You may have packed the weapon legally in another state, declared it at the airline counter, or even thought you were following TSA instructions. But New York’s weapon laws are strict and unforgiving, especially within New York City. What might be lawful in Texas, Florida, California or Pennsylvania can trigger a felony or misdemeanor prosecution the moment you step onto airport property in Queens.

At Saland Law, our firm knows how easily an ordinary trip can turn into a serious criminal matter. Led by former Manhattan prosecutor Jeremy Saland, our firm defends travelers, professionals, and both New York residents and those from every other state accused of illegal weapons possession at JFK airport. We understand the legal complexities, the human side of the story, and the steps required to protect your record and reputation.

How Airport Weapon Arrests Happen

Most cases begin when TSA screeners detect a firearm, baton, brass knuckles or other metal knuckles, switchblade, or other weapon inside a bag during X-ray screening. Alternatively, TSA agents find ammunition or other bullets. Sometimes, travelers voluntarily declare the firearm at the ticket counter, assuming they are acting responsibly. Either way, once TSA spots or is told about a weapon, they immediately call the Port Authority Police Department (“PAPD”). PAPD officers arrive, secure the scene, and begin asking questions. They will examine your bag, inspect the weapon, and verify any licensing information if it is a gun

Even when the traveler explains that the gun is legally owned and properly stored, an arrest will follow.  Similarly, even where the traveler explains he or she was unaware or the weapon belonged to someone else, the PAPD will still make an arrest by way of a Desk Appearance Ticket or DAT. TSA regulations and airline policies do not override state criminal law just as ignorance of the law is no defense While federal agencies may impose separate civil fines, New York’s criminal statutes take precedence. The firearm is vouchered as evidence, and the individual is transported to a Port Authority facility before being taken to Queens Criminal Court for arraignment.

Sometimes, people are detained during layovers or connecting flights. Others are charged after leaving their home state with a weapon that was lawful there but not in New York. Travelers often reference the federal “safe passage” rule under the Firearm Owners Protection Act, but that protection applies only under narrow conditions for the possession of firearms and the default will be arrest first and ask questions later. Even brief layovers or overnight stays can eliminate its coverage. These technical distinctions often decide whether a case can be dismissed or must be negotiated through the local court system.

New York’s Weapon Possession Laws

New York’s Penal Law contains a wide range of statutes governing firearms and other weapons. At JFK, the most common gun charge is either Criminal Possession of a Weapon in the Second Degree, (Penal Law 265.03), a class “C” violent felony when a traveler has a loaded firearm not licensed in New York, andCriminal Possession of a Firearm (Penal Law 265.01-b(1)), a class E felony that applies when someone possesses that same unlicensed firearm without a valid New York license but there is no ammunition or it is unloaded. The problem for most travelers is that New York does not recognize out-of-state carry permits. A Texas concealed carry license or a Florida weapons permit holds no legal authority here.

As noted above,prosecutors determine that the firearm was “loaded” as defined by Penal Law 265.03, the charge escalates to Criminal Possession of a Weapon in the Second Degree, a class C violent felony. Importantly, “loaded” in New York does not mean the gun has a round in the chamber. It means ammunition was in the person’s possession and could be fired without significant delay. A magazine in the same case or even ammunition in the same bag may be enough to satisfy this definition.

In less severe situations, prosecutors may charge Criminal Possession of a Weapon in the Fourth Degree (Penal Law 265.01), a misdemeanor that covers certain knives such as switchblades, batons, metal and even plastic knuckles, and other per se weapons. Although a misdemeanor is far less serious than a felony, it still carries the risk of a permanent record and collateral penalties that can affect employment, travel, and professional licensing.

In addition to these core statutes, cases sometimes involve charges related to large-capacity magazines, ammunition feeding devices, or “ghost guns” lacking serial numbers. Each additional count increases the complexity and potential penalties of the case.

What Happens After an Arrest

Once you are taken into custody, you will likely spend several hours being processed by the Port Authority Police. If you are charged with a misdemeanor, you may receive a Desk Appearance Ticket, aka, a DAT, that instructs you to appear in court at a later date at 125-01 Queens Boulevard in Kew Garden, Queens. Know that though you were not hauled before a judge or held overnight, your DAT arrest is no different than any other arrest. In  most firearm cases, especially those classified as felonies, you will be held for arraignment in Queens Criminal Court. Depending the time of your arrest, you may find yourself being held in the “tombs” overnight.

At arraignment, prosecutors formally file a complaint and a judge determines release conditions. The court may issue bail, release you on your own recognizance, or impose a very short turnaround date for your next appearance. The defense attorney’s role at this stage is critical. By presenting evidence of lawful ownership, cooperation, and lack of intent to break the law, an experienced lawyer can influence how the case begins; and, more importantly, how it ends. In fact, Saland Law has never failed to avoid felonies and even misdemeanors for clients who are otherwise lawful firearm or “weapon” owners and did not violate other laws in their accidental or unknowing alleged criminal conduct.

Early advocacy often determines whether a prosecutor views the matter as an honest mistake or a serious offense. Saland Law works quickly to gather documentation such as gun registration certificates, home-state permits, travel itineraries, and airline declarations. These materials help show that you acted responsibly, even if New York law technically prohibits the conduct. The goal is to prevent a rigid, one-size-fits-all prosecution and replace it with a tailored evaluation of your unique situation and to demonstrate that you are a person worthy of deviation from the letter of the law.

Building a Defense

Arrests for weapon possession at JFK may follow familiar patterns, but every defense must be built around the facts of the specific case. What was found, how it was discovered, what was said, and how both you and the police conducted yourselves all shape the outcome. At Saland Law, we analyze each detail from the first point of contact at the airport to the last action taken in court. A single procedural flaw or factual distinction can turn a felony case into a dismissal or reduction.

Examining the Legality of the Search and Seizure

TSA screenings are designed for safety, not criminal enforcement. Once the Port Authority Police or another law enforcement agency becomes involved, constitutional protections apply. We closely review whether officers lawfully transitioned from a TSA inspection to a criminal search. If they exceeded their authority, opened locked containers without valid consent, or detained you longer than the law allows, those errors can justify suppression of the evidence. Even when a firearm is found, an unlawful search can render the prosecution’s case weak or unsustainable. That said, this defense often is not a viable approach even if it must be explored and examined.

Your statements also matter. Many travelers try to explain themselves to officers, believing honesty will clear things up. In reality, those statements often provide prosecutors with key admissions. If you were questioned in custody without being advised of your Miranda rights, those statements may be excluded. Removing them from the record can dramatically reduce the strength of the case against you.

Challenging “Possession” and “Loaded” Classifications

In New York, “possession” does not require ownership or even phyiscal. It only means the item was in your control or accessible to you. That broad definition can work against travelers who never intended to break the law. We look at whether the firearm was actually in your possession when found. If it was locked in a checked bag, inaccessible during travel, or separated from ammunition, those facts can significantly weaken the prosecution’s theory.

The question of whether the firearm was “loaded” is equally important. New York law defines a loaded weapon as one accompanied by accessible ammunition, even if no round is in the chamber. A magazine in the same luggage, a small box of rounds in a side pocket, or shells in a nearby case can trigger a felony charge. Our defense examines where the ammunition was, how it was stored, and whether it was truly “readily accessible.” Showing that it was not can reduce a violent felony to a lesser, non-violent charge.

Demonstrating Lack of Criminal Intent

New York’s weapon possession laws impose strict liability, but intent still plays a key role in negotiations and outcomes. We focus on proving you acted in good faith. If you declared the firearm at check-in, complied with TSA packaging rules, or simply forgot the weapon was in your bag, those facts matter. Prosecutors and judges often distinguish between someone with criminal motives and a traveler who made a mistake.

Our team gathers carry permits, purchase records, proof of training, and evidence of lawful ownership in your home state. These materials show responsibility and compliance. They also allow us to argue for non-criminal resolutions such as adjournments in contemplation of dismissal, violations, or sealed outcomes that protect your record and reputation.

From Prosecution to Resolution

JFK Airport weapon cases are prosecuted in Queens County. The Queens District Attorney’s Office handles hundreds of airport-related arrests each year. Because prosecutors have seen nearly every scenario, success depends on credibility, preparation, and timing. Jeremy Saland’s background as a former Manhattan prosecutor and years handling these specific cases gives our firm an edge in communicating effectively with law enforcement and presenting mitigation evidence in a way that resonates with decision-makers, from “line” assistants to chiefs.

Resolutions can take several forms. Some cases result in dismissals when the facts do not support the charges. That may be a dismissal on the merits, though not often, or the ACD, adjournment in contemplation of dismissal whereby the case is dismissed and sealed after six months of no new arrests. Others are reduced to non-criminal violations that are sealed and leave no lasting record. Though clients of Saland Law have avoided this scenario, in more serious matters, well-documented mitigation can lead to conditional pleas or deferred dispositions that keep the person’s record clean after a period of good conduct. The outcome depends on how early and effectively the defense presents the story behind the arrest.

When cases cannot be resolved through negotiation, Saland Law prepares for litigation. We challenge the sufficiency of the complaint, move to suppress unlawfully obtained evidence, and, if necessary, go to trial. Again, while every case is unique, no Saland Law client has ever needed to exonerate him or herself for an illegal firearm or other weapon possession due to mistake or lack of knowledge. Our goal is always to minimize exposure and protect your career, travel rights, and reputation, and we are committed to doing so.

Take Control of Your Case with Saland Law

Choosing the right attorney after a weapons possession arrest at JFK can make all the difference between a lasting criminal record and a clean slate. You need more than someone who knows New York’s complex gun laws; you need an advocate who understands how these cases are actually prosecuted and how to dismantle them from the inside out.

Led by former Manhattan prosecutor Jeremy Saland, Saland Law brings rare insight into how prosecutors think, what evidence persuades them, and how to turn a rigid policy case into a practical resolution. We know the decision points that determine whether a felony is filed, a charge is reduced, or a case is dismissed entirely. Our firm presents you as a responsible person who made a mistake, not as a criminal to be punished.

Every defense we build is personal, strategic, and immediate. We move fast to secure documentation, contact the assigned district attorney, and begin negotiating before the narrative hardens. Whether your goal is complete dismissal, reduction to a non-criminal disposition, or record protection, we tailor every step to achieve it.

A weapons possession arrest at JFK is serious, but it does not have to define your life. With skilled representation, you can protect your record, your career, and your freedom. Contact Saland Law today to speak directly with an experienced criminal defense attorney who knows how to fight these cases. We will act quickly, defend decisively, and guide you through every stage of the process so you can regain control of your future.