Weapons Possession at LaGuardia

LaGuardia Airport in Queens is one of the busiest travel hubs in the nation, handling millions of passengers every year. It is for this reason that  LaGuardia is also one of the most common sites for weapons-related arrests in New York City for violating New York Penal Law Article 265, whether by Desk Appearance Ticket (DAT) or an arrest that locks you up overnight. Travelers who inadvertently pack a firearms in violation of either Penal Law 265.03 or 265.01-b(1) or other prohibited weapons like switchblades, batons or knuckles in violation of Penal Law 265.01 in their luggage, or who lawfully possess a weapon elsewhere but fail to realize New York’s strict rules, will quickly find themselves facing serious felony or misdemeanor criminal charges. What often begins as an innocent mistake can escalate into a felony prosecution, an arrest at the airport, and a sudden need for legal representation in Queens Criminal Court to save their liberty, livelihood and good name.

Saland Law, led by former Manhattan prosecutor Jeremy Saland, represents clients who have been arrested for weapons possession at LaGuardia and other New York airports. Our firm understands how these cases develop, how prosecutors approach them, and how to build a strong defense that protects your record, your reputation, and your future.

Why LaGuardia Weapons Arrests Are Different

Weapons possession arrests at LaGuardia differ from almost any other kind of criminal case in New York. The airport is a convergence point of state, city, and federal jurisdictions. The Transportation Security Administration (TSA) is responsible for administrative security screenings, but once a weapon is discovered, the matter shifts quickly into the hands of the Port Authority Police Department. The Port Authority enforces New York’s criminal laws within LaGuardia and John F. Kennedy International Airport. Those cases are then prosecuted by the Queens County District Attorney’s Office in Kew Gardens.

This overlap between federal procedure and state law creates confusion for travelers. A person may believe they are following federal travel guidelines by declaring a firearm to the airline, packing it unloaded in a locked case, and notifying TSA. However, New York does not recognize handgun licenses from other states. Possession of a firearm, even one that is legally registered elsewhere, is a felony offense in New York City unless you hold a valid New York permit. The law is unforgiving, and good intentions are not a defense.

LaGuardia arrests also differ because they often occur in chaotic, public spaces. A traveler pulled aside at a checkpoint or ticket counter is under immediate stress, surrounded by officers and bystanders. The instinct to explain or apologize can lead to incriminating statements that prosecutors later use as proof of “knowing possession.” What seems like a brief conversation in a stressful moment can become the key piece of evidence that turns an honest mistake into a criminal conviction.

How Arrests Happen and What to Expect

Most LaGuardia cases begin in one of two ways: a firearm or weapon is discovered during TSA screening such as being found in your carryon, or it is declared to an airline representative before check-in. In either situation, TSA officers alert Port Authority Police (PAPD), who arrive quickly to secure the area. You will be separated from your belongings, questioned, and in most cases, detained, handcuffed and placed into custody before unfortunately missing your flight. Even if you fully cooperated, officers will seize the weapon and related items as evidence.

After the initial investigation, you may be taken to a Port Authority precinct within the airport for processing. Depending on the circumstances and the time of day, you may receive a Desk Appearance Ticket requiring you to appear in Queens Criminal Court at a later date, or you may be transported to Queens Central Booking for arraignment within 24 hours. Arraignments occur in Kew Gardens, where a judge will formally advise you of the charges, set bail or release conditions, and schedule future court dates.

For travelers, especially those from out of state, this process can be overwhelming. Missed flights, hotel cancellations, and job disruptions compound the stress. If you are not from New York, your case will still require a physical appearance or an attorney’s representation in court. At Saland Law, we immediately intervene to manage the process, secure release, and begin negotiations with prosecutors before your case escalates further.

Common Types of Weapons Found at LaGuardia

While firearms are the most common cause of arrest, a wide range of other items can lead to charges. Many travelers are shocked to learn how broadly New York defines a “weapon.” Common LaGuardia arrests include:

• Handguns and Firearms: Even if unloaded, possessing a handgun without a New York license is a felony. A firearm is considered “loaded” if ammunition is accessible, even if no round is in the chamber. See Penal Law 265.03, Second Degree Criminal Possession of a Weapon, and 265.01-b, Criminal Possession of a Firearm.
  
• Ammunition and Magazines: Carrying ammunition or a loaded magazine can increase the severity of charges. See Penal Law 265.37 and NYC Administrative Code 10-131.
  
• Switchblade Knives and Blades: Gravity knives, switchblades, or knives that appear “dangerous” based on design or size can result in arrest. See Penal Law 265.01(1), Fourth Degree Criminal Possession of a Weapon.
  
• Batons, Brass Knuckles, and Stun Devices: These are often classified as prohibited weapons under New York law, even when marketed as self-defense tools in other states. See Penal Law 265.01(1), Fourth Degree Criminal Possession of a Weapon.
  
• Improvised or Modified Tools: Certain heavy-duty tools, metal flashlights, or tactical pens can be treated as weapons depending on how and where they are carried.
  

Each item’s classification depends on the surrounding facts, including intent, design, and accessibility. At LaGuardia, however, the burden of proof is often low enough that even common objects can lead to charges if police or prosecutors believe they fit the statutory definition of a weapon.

Understanding the Charges and Penalties

New York Penal Law Article 265 governs weapons offenses. The most common charges in LaGuardia cases include:

• Criminal Possession of a Weapon in the Second Degree (Penal Law § 265.03): A class C violent felony carrying a mandatory minimum prison term of 3.5 years and up to 15 years. This charge is often filed when the weapon is deemed “loaded” and possessed outside one’s home or business.

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• Criminal Possession of a Firearm (Penal Law § 265.01-b): A class E felony punishable by up to four years in prison. This applies to possessing any firearm without a valid New York license
  
• Criminal Possession of a Weapon in the Fourth Degree (Penal Law § 265.01): A misdemeanor charge used for knives, stun guns, and other restricted devices, punishable by up to one year in jail.
  

For most first-time offenders, prosecutors may offer non-criminal dispositions if the circumstances show no malicious intent. However, without an experienced defense attorney, it is easy to miss opportunities for favorable resolutions.

How Saland Law Builds a Defense

Defending a weapons possession case at LaGuardia requires precision, experience, and careful narrative control. Saland Law builds each defense around the following key elements:

1. Legality of the Search and Seizure:
Airport screenings are administrative in nature, but once TSA’s purpose shifts from safety to criminal enforcement, constitutional protections apply. We examine when the search expanded beyond its original scope, whether Port Authority officers had probable cause, and whether they followed proper Miranda procedures before questioning you. If the evidence was obtained improperly, we move to suppress it in court.

2. Knowledge and Possession:
Prosecutors must prove that you knowingly possessed the weapon. This often becomes the core issue. A weapon found in a checked bag, shared luggage, or borrowed suitcase does not automatically establish knowledge. We investigate travel itineraries, surveillance footage, and baggage-handling records to show that you may not have been aware of the item’s presence.

3. Intent and Good Faith:
Many LaGuardia cases involve travelers who did everything right under TSA and airline rules but ran afoul of New York’s strict laws. We highlight your good faith efforts, declaring the weapon, following airline procedures, and cooperating fully, to demonstrate that you had no criminal intent. Prosecutors in Queens recognize the difference between a dangerous actor and a responsible traveler caught in a legal gray area.

4. Negotiation and Mitigation:
Our defense does not rely solely on legal arguments. We present your background (employment history, lack of prior offenses, military service, or community involvement) to humanize your case. This approach often results in outcomes such as adjournments in contemplation of dismissal, conditional dismissals, or pleas to non-criminal violations like disorderly conduct. Simply, good people make mistakes and prosecutors should use their discretion in a way that does not impact their lives going forward.

The Role of Evidence and Litigation Strategy

Evidence collection begins immediately. TSA footage, Port Authority incident reports, airline declarations, and property vouchers all matter. If statements were made before you were advised of your rights, we may move to suppress them. If the search exceeded TSA’s administrative scope, we challenge it. Even when suppression is denied or it is not an appropriate avenue for an attack, hearings can reveal weaknesses that open the door to better plea offers or case dismissals. The goal is not just to win a motion but to use every legal tool to improve your position.

With all the above said, the recovery of a weapon at LaGuardia Airport routinely does not demand the same approach as street encounters with police or car stops.Instead, mitigation and painting the right picture of who you are and the honest mistake you made is often the right approach to a non-criminal resolution or even a dismissal. In such cases, not only does this mitigation challenge to charges minimize costs and time, but to your mental health and emotional capital as well. Recognizing this and implementing this defense is why Saland Law clients routinely “walk away” unscathed despite the severity of the crimes and charges they face.

Consequences Beyond the Courtroom

A weapons arrest at LaGuardia can affect more than your immediate freedom. For licensed professionals, it can jeopardize employment, state licensure, and background checks. For non-citizens, it can threaten visa status or future entry into the United States. A conviction, even for a misdemeanor, can also interfere with federal security clearances or travel authorizations. Saland Law addresses these collateral issues from the outset, crafting outcomes that protect your reputation as well as your record.

We also guide clients through the process of retrieving personal property when permitted by law. In some cases, the weapon itself cannot be returned because it is illegal in New York, but other items (luggage, accessories, or non-contraband property) can often be recovered through proper legal requests.

Practical Advice for Travelers

If you are stopped by TSA or Port Authority officers:

1. Stay calm and do not attempt to explain or justify what happened.
   
2. Politely ask for an attorney before answering questions.
   
3. Do not sign written statements or consent forms without legal counsel.
   
4. Retain all paperwork, including TSA notices, boarding passes, and property vouchers.
   
5. Contact an attorney as soon as possible.

The faster you obtain legal representation, the more control you have over the case. Early intervention can lead to faster dismissals or reduced charges.

Why Experience Matters

Jeremy Saland’s background as a former Manhattan prosecutor and experience handling dozens of airport weapon crimes a year as a defense attorney provides a critical advantage in LaGuardia cases. He knows how prosecutors think, what factors they weigh in deciding whether to reduce or dismiss charges, and how to present a persuasive case for leniency. His team’s familiarity with Queens Criminal Court, Queens prosecutors, and the procedures and processes associated with these charges allows them to anticipate challenges and negotiate effectively before trial. Whether the strategy involves litigation or negotiation, Saland Law ensures that no detail is overlooked.

Our firm treats every client with discretion and respect. We understand that many LaGuardia arrests involve responsible individuals (business travelers, families, military veterans, and professionals) who made an honest mistake. We approach each case with empathy but also with the determination to protect your future.

Preventing Future Problems

The best defense is prevention. If you travel frequently with firearms, never assume that TSA approval or an airline declaration makes you immune from state prosecution. Always research your destination’s firearm laws before traveling, especially in states like New York that do not honor out-of-state permits. When possible, avoid transiting through New York airports with weapons or ammunition altogether. If you must, consult a qualified attorney beforehand to ensure compliance with all laws.

Even if you never plan to travel with a weapon again, understanding how this situation arose helps you avoid future legal risk. Many clients later realize that the same oversight could have led to another arrest. Awareness is key.

Protect Your Future with Experienced Legal Defense

Being arrested for weapons possession at LaGuardia is frightening and disruptive, but it does not have to define your life. With the right legal strategy, many cases can be resolved without a criminal record or with outcomes that protect your future opportunities. At Saland Law, we combine experience, diligence, and a deep understanding of New York’s weapon laws to give you the best chance at a favorable result.

If you have been charged with possessing a firearm, knife, or other weapon at LaGuardia Airport, contact Saland Law today. We will evaluate your case, explain your rights, and begin building a defense that reflects both the facts and your good faith. Our mission is to resolve your case efficiently and effectively so you can move forward with confidence.