Baton & Knuckle Possession at LaGuardia

LaGuardia Airport is busy, compact, and unforgiving when it comes to weapons at security. Criminal defense attorneys regularly defending clients arrested at LaGuardia for Criminal Possession of a Weapon in the Fourth Degree, Penal Law 265.01(1) by way of a Desk Appearance Ticket, aka, DAT, know that if a Transportation Security Officer (TSA) opens a carry on at Terminal B, or any terminal, and finds a billy, blackjack, bludgeon, or any type of metal, plastic or brass knuckles, the next faces you will see are likely Port Authority Police Officers and airline staff who will prevent you from boarding your flight. . What follows is not a misunderstanding that will be cleared up at the gate. Once you are arrested,it is the beginning of a New York criminal case in Queens County. Saland Law, led by former Manhattan prosecutor Jeremy Saland, defends travelers and New Yorkers charged with possessing prohibited batons and knuckles at LaGuardia. This page explains how these cases happen, what New York law actually criminalizes, how airport arrests proceed, and the defense strategies that have proven effective in Queens Criminal Court.

What Counts As A Prohibited Baton Or Knuckle Under New York Law

New York Penal Law Article 265 defines and criminalizes weapons. The statute does not require a traveler to brandish a weapon or threaten anyone for a crime to occur. Certain items are illegal to possess in almost any circumstance. These are often called “per se” weapons and run afoul of Penal Law 265.01(1). The list includes items commonly labeled as billy, blackjack, bludgeon, and metal knuckles. Plastic or composite knuckles are treated similarly where the device is designed to function as knuckles. A collapsible baton that locks into place can fall within the meaning of a billy. A short weighted club or sap can be a blackjack. A heavy stick or improvised striking tool can be charged as a bludgeon if designed or adapted to cause injury. New York law focuses on the nature and design of the item, not on whether you intended harm on the day of travel.

Criminal Possession of a Weapon in the Fourth Degree covers possession of many per se weapons. That offense is a misdemeanor. It carries the potential for a permanent criminal record, fines, and up to one year in jail. People who have never been arrested before are often stunned to learn that a novelty purchase from an online marketplace, or a baton they keep in a car trunk at home, can lead to a Queens arraignment when packed absentmindedly into a carry on or personal item for a routine flight.

Why LaGuardia Is Different From Everyday New York City Encounters

LaGuardia is a controlled environment. TSA screening, airline policies, and Port Authority jurisdiction all operate at once. The moment a prohibited item appears in the X ray or during a hand search, officers are summoned. You cannot simply abandon the item and walk away. The screening area is not a public park or a city sidewalk. It is a secure checkpoint where federal screening rules and state criminal laws meet. Travelers move through quickly, but enforcement is consistent. Documentation created at the checkpoint, including photographs of the item, location in the bag, and statements made at the table, become evidence later in court. A short exchange that feels informal can be quoted word for word in a criminal complaint.

LaGuardia also creates timing pressure. Missed flights, rebooking fees, children who still need to get to a wedding or family event, and a boss waiting at the other end all make people talk. That is natural. It is not always wise. Exercising your right to remain silent is not an admission of guilt. It is a recognition that your words will be written down and read by a prosecutor in Kew Gardens.

How These Arrests Usually Unfold At The Checkpoint

Most baton and knuckle cases at LaGuardia begin with a bag search after an X-ray anomaly. The TSA officer will ask for permission to open the bag. If an item appears to be a prohibited weapon, Port Authority police officers respond. You may be detained at the table or escorted to a nearby office. Officers will identify the item, ask questions about how it was acquired, and whether you knew it was in the bag. They will also ask where exactly the item was, whether it was accessible to you during screening, and whether anyone else packed the bag. You may be issued a Desk Appearance Ticket with a future court date or taken to central booking for arraignment. The choice depends on many factors, including time of day, staffing, your criminal history, and the type of weapon involved. Either way, you have been arrested. 

The Queens County Piece You Need To Understand

All LaGuardia criminal cases flow to Queens Criminal Court in Kew Gardens. Even if you live out of state, you will be required to appear unless an attorney secures permission for you to be excused or resolves the case. The first appearance is an arraignment. The court will announce the charges, set any conditions of release, and schedule the next date. If you do the “homework” that Saland Law asks of you, we will try to resolve your case at or before your first appearance. From there, if we cannot, your lawyer negotiates with an Assistant District Attorney from the Queens District Attorney’s Office, challenges the evidence, mitigates conduct and allegations, and explores dispositions that keep your record clean.

Understanding The Evidence The Prosecutor Will Rely Upon

Evidence in airport weapon cases at LaGuardia usually comes from three sources. First is the TSA checkpoint record: X ray images, location of the item within the bag, and notes of the officer who discovered it. Second is the Port Authority paperwork: the arrest report, property vouchers, and any recorded statements. Third is the physical evidence: photographs of the items and measurements. The prosecution does not need to prove intent to use a billy or knuckles unlawfully. For the per se count, knowing possession itself is the crime. The prosecution focuses on possession, the statutory definition of the object, and whether it falls within the prohibited category.

Typical Fact Patterns We See At LaGuardia

One common scenario involves a traveler who keeps a collapsible baton in a backpack for hikes or walks at home. Alternatively, it’s possessed for self defense.The person forgets it is in a side pocket or main compartment of a backpage or carryon luggage. At the checkpoint the baton is found and classified as a billy. Another frequent situation involves souvenir knuckles bought online. The traveler believes they are a novelty because they are plastic or even metal. They are treated as knuckles all the same. We also see travelers who packed small defense tools for safety while walking at night and forgot they were still in a purse or computer bag. When screening detects them, the Port Authority Police treat the discovery as criminal possession. Any of these situations can be defended, but each demands attention to the details that matter under Article 265.

The Role Of Intent, Knowledge, And Possession

For per se weapons like billy, blackjack, bludgeon, and knuckles, the prosecution does not need to prove you intended harm. That is why these cases feel harsh to people who made an honest mistake. Yet intent and knowledge still matter in other ways. If the item belonged to someone else and you did not know it was in the bag, that fact can be critical. If the item was in a checked bag you had already surrendered, possession questions become more nuanced. These are detail driven defenses. They turn on bag diagrams, surveillance angles, timestamps, property tags, and the precise words used when officers asked their questions.

How TSA Rules Intersect With New York Criminal Law

TSA screening rules are administrative. New York weapon statutes are criminal. You can violate TSA rules without committing a crime, and you can commit a New York crime even if you believed you followed airline guidance. A baton or knuckles in a carry on will trigger both sets of problems, but it is the state law that brings handcuffs and a criminal docket number. Even when TSA allows certain items in checked luggage, New York law may still make possession illegal. The lesson is simple. Comply with TSA and airline rules, and also ensure your items are legal to possess under New York law.

What Outcomes Are Possible In Queens Criminal Court

Outcomes depend on the item, your history, what you said, and the strength of the evidence, and often how well your attorney can mitigate your conduct and build you up as a law-abiding, honest, and community or family oriented person.Further, Saland Law will make it clear that the impact to you professionally or as an immigrant can be catastrophic. For first time offenders charged only with a per se weapon, noncriminal dispositions may be possible. That can include an adjournment in contemplation of dismissal (ACD) with or without community service or other conditions. Ultimately, that resolution will result in a dismissed and sealed case after six months. In some cases, a violation level plea that leaves no criminal record may be the right solution. This sealed violation is a Disorderly Conduct, Penal Law 240.20. The defense may focus on the precise statutory elements that the prosecutor must satisfy. The objective is to dismantle the case where the facts permit, then resolve any remaining misdemeanor in a way that protects your future.

How We Build A Defense In Baton And Knuckle Arrests At LaGuardia

Immediate Steps After Retention

We contact the Queens District Attorney’s Office to announce representation. More importantly, we will give you your “homework assignment”. That will break out what we need from you so we can present you in the best light possible. If you received a Desk Appearance Ticket, which is likely, we prepare you for arraignment so that the first court date goes smoothly and you can return home the same day. If possible, we appear on your behalf so you do not need to return to New York and handle the time and cost for that appearance. 

Evidence Review And Motions

Though mitigation is often the best approach to secure a dismissal by way of an ACD, for example, we will analyze checkpoint notes, officer reports, and any Miranda issues once that evidence is provided and as needed. If questioning escalated from routine screening to custodial interrogation without warnings, we move to suppress statements if that is a viable path forward. We examine the physical description of the item to determine whether the per se label fits the object. A lightweight collapsible baton without a locking mechanism can be a different argument than a steel locking baton. A novelty knuckle shaped bottle opener may not function as true knuckles. We also explore whether officers exceeded their authority during the search, whether they had probable cause to detain you, and whether they properly documented and stored the evidence. 

Negotiation And Resolution Planning

We build a mitigation package that explains who you are, not just what was in your bag. Employment letters, proof of professional licensing, absence of criminal history, and proof of good character all matter. We present a resolution that protects your record and privileges, including immigration consequences and professional credentialing risks. Where the facts allow, we push for dismissal through motion practice. Where negotiation is the best path, we work toward outcomes that leave you the freedom to travel and work without a criminal conviction.

Common Mistakes That Make These Cases Harder

People try to talk their way out at the checkpoint. They guess at definitions. They volunteer that they bought the baton because they walk late at night. They speculate about the purpose of a novelty item. These statements are offered in a stressful moment, but they can be used later to argue design and intent. Another mistake is taking legal advice from well meaning airline staff. Airline rules do not control New York statutes. Finally, missing the first court date turns a simple case into a warrant problem. Even out of state travelers must treat a Queens appearance as a priority. With a lawyer who appears regularly in that courthouse, scheduling and attendance can be managed.

Special Considerations For Out Of State Travelers

Out of state travelers need a plan that minimizes travel back to New York. In many cases, we can handle appearances without you after arraignment. We will review the evidence with you remotely, submit mitigation materials electronically, and negotiate a resolution that does not require you to sit in a courthouse all day. When a personal appearance is necessary, we coordinate a date that fits your schedule and your return flights if we cannot arrange for a virtual appearance or a waiver of your appearance. If you work in a licensed field such as finance, healthcare, law, aviation, or education, we tailor the resolution to reduce collateral consequences. A noncriminal disposition can be the difference between a stressful incident and a career problem.

Frequently Asked Questions

I forgot the baton was in my backpack. Is that a defense

Forgetfulness is not a complete defense to a per se weapon, but it can be powerful mitigation. If the facts support lack of knowledge, and the item belonged to someone else or was in a hard to find pocket, defense counsel may use that to negotiate a noncriminal outcome.

Are plastic knuckles treated differently from metal

If the plastic device is designed as knuckles, it is still a prohibited weapon. The material can matter for proof and classification, but the function and design drive the analysis. That said, there may be a stronger argument as to your alleged intent.

Can I just surrender the item and move on to my flight

At LaGuardia, surrender is rarely the end of the matter. Once the item is discovered, the criminal process has begun. You may be delayed and issued a DAT and  arrested. How that plays out depends on the circumstances and enforcement priorities that day.

I bought this online legally. Why am I being charged

New York law does not automatically recognize what is legal elsewhere. An item can be sold online or in another state and still be illegal to possess in New York. Understanding this difference is key to avoiding future issues.

Will this be on my record forever

Not necessarily. Many first time offenders charged with only a per se weapon can resolve their cases without a criminal conviction. With careful lawyering, the case can often end with dismissal after a waiting period or a violation disposition. The outcome depends on the facts and the advocacy.

How Saland Law Approaches LaGuardia Arrests

Jeremy Saland and the team at Saland Law bring a prosecutor’s understanding and a defense lawyer’s creativity and vast experience to airport cases. We know how checkpoints operate, how Port Authority paperwork is built, and how Queens prosecutors evaluate risk and public safety. Our job is to separate a traveler who made a mistake from someone who poses a danger, then deliver a result that reflects that reality. We do this by mastering the details. Where was the item in the bag. Who packed the bag. What exactly was said and when. What the photographs show and what they do not. Whether the object truly fits the statute’s definition. Likely more important, who are you and why should the prosecutor care? In other words, we need to present you in the best light possible so you can walk away unscathed. Whether a noncriminal resolution serves justice and public safety better than a conviction, is the ultimate questions. These questions are not abstract. They are the levers that move cases toward dismissal, reduction, or a clean slate.

Defending Baton and Knuckle Charges at LaGuardia Airport

If you were stopped at LaGuardia for a billy, blackjack, bludgeon, or knuckles of any kind, you are not alone, and you are not without options. The outcome is not fixed at the checkpoint. It will be shaped by how quickly you act, how carefully your lawyer dissects the facts, and how well your story is told in a Queens courtroom. SPut your case in the hands of a defense team that understands Article 265, airline and TSA procedures, and the rhythms of Queens Criminal Court.

Speak with Saland Law today. We will assess your case, explain the charges in clear language, and map a strategy that protects your record and your future. Whether you live in New York or were only passing through, we will work to resolve your case with the least possible disruption to your life, your job, and your travel. Your story does not end at the checkpoint. It begins with a plan.