As you pull up to the airport, your mind races with questions: Do I have my passport? My phone charger? My credit cards? My laptop? Did I remember to lock the house? Will there be a long line at TSA? What you’re not thinking about is the loaded pistol you accidentally packed in your suitcase from the weekend before. Then, at security, when they ask, "Is this your bag?" you suddenly realize the problem. Many people feel embarrassed if they’re caught with a penknife or a liquid over 6 ounces, but a loaded firearm in your carry-on is a whole different level of stress. Fortunately, it may not be as severe as you think.
Possessing a firearm in an airport is a gross misdemeanor under Washington state law. While it theoretically carries a jail sentence, the typical penalty for a first-time offender is probation, a fine, and possibly some community service. When a criminal defense lawyer is hired, the focus is usually on keeping the person’s record clean. A criminal conviction can show up on a record and impact job prospects or housing applications.
In most cases, when someone has a firearm in their carry-on, it’s simply because they forgot it was there. Under Washington law, it is generally presumed that the legislature intended to punish only intentional or knowing behavior. This was the Washington Supreme Court's stance when they invalidated the state's drug possession laws in 2021 due to a lack of an intent requirement. Forgetting about a pistol in a travel bag can be defended under what some call the “pure heart, empty head” defense.
In addition to any penalties in state or municipal court, federal authorities will often issue a fine. The maximum fine is $13,000, but it is usually substantially less. This fine does not go on a person’s criminal record. Sometimes, the fine can be reduced due to a person's low income. For example, our firm handled a case at the Spokane airport where we managed to get the fine reduced to $500 because the student was in college and not employed.