We were visiting my parents in Washington state and my mom asked us to take 3 old guns they had back with us to our home in Las Vegas (My father has dementia and she was worried he might try to fire one of them). My husband checked the airline website and saw that they needed to be locked in a hard case and in with our checked baggage. He did not notice the part about declaring the guns. Our flight was delayed so we went to get a bite. While we were eating I heard my name being announced on the loud speaker. When I returned to the gate an officer was waiting to take me back to baggage. Once I arrived I was informed that I had not legally declared the guns. Then a Federal inspector showed me his badge and said that someone would take me to my bag and I would have to fill out a tag to declare the weapons. I explained to them I did not know about declaring the weapons. I have never owned or traveled with a weapon before. The Fed inspector took my information and said I would receive a letter and I needed to do what it said. I am unsure of what is going to happen so I was wondering if someone can tell me what will happen. Will there be a fine? Will I have to go to court? I have never been in trouble nor do I have any criminal records. I even heard one of the officers tell the inspector after he took my license that I was clean or clear or something like that. I just need to know if I am in trouble for making a stupid mistake. I am going to worry until the letter comes so if anyone can help ease my mind or provide any information I would greatly appreciate it. Thanks
Gun declaration at airport
- Thread starter Ladye
- Start date
Protectivefather
New member
I am curious to hear about this as well. I will be flying with a gun in June.
Deserteagle
New member
I think the letter will probably be a fine.
Firefighterchen
OC for Tactical Advantage
I'm not saying this is going to happen, but this is what I did and what happened to me.
About a year and half ago I mistakenly had ammo in the laptop sleeve of my backpack when I went through security. They searched my bag, took my information, and let me take my ammo back to the curb to give to a friend who dropped me off (they then let me through security priority so I didn't miss my flight.) They also said I would receive a letter.
A few months go by and TSA sends me a letter with a civil fine of $250 with a paper that gave me about 10 options. The option I chose was an unofficial letter of explanation. I told them it was an honest mistake, and I have not been in trouble before, and I would use this mistake as an example to help in the firearms world. They sent back a letter dropping the fine.
You have learned your lesson that declaring is a very important part of flying with firearms. So don't stress about it too much, what's done is done.
About a year and half ago I mistakenly had ammo in the laptop sleeve of my backpack when I went through security. They searched my bag, took my information, and let me take my ammo back to the curb to give to a friend who dropped me off (they then let me through security priority so I didn't miss my flight.) They also said I would receive a letter.
A few months go by and TSA sends me a letter with a civil fine of $250 with a paper that gave me about 10 options. The option I chose was an unofficial letter of explanation. I told them it was an honest mistake, and I have not been in trouble before, and I would use this mistake as an example to help in the firearms world. They sent back a letter dropping the fine.
You have learned your lesson that declaring is a very important part of flying with firearms. So don't stress about it too much, what's done is done.
Firefighterchen
OC for Tactical Advantage
As long as you follow all the steps correctly you shouldn't have to worry about anything happening like this. I now fly 4-8 times a month with a firearm. If you have any specific questions I'll try to answer them.
Just for everyone else's information, the last time I declared my firearm I had a conversation with the TSA agent that swabbed/checked my bag. He said after he checks the bag, another TSA agent personally walks the bag back to the airplane, or to a secure location just before the airplane until they load it. Made me feel more comfortable that the other airline employees aren't handling/xraying/searching my bag after I leave it at the counter.
In addition to the fiasco created by violating the Federal regulations by not declaring the firearms to the airline, the parent who transferred the gun to you violated Federal law 18 USC 922 (a)(5), and by taking the guns with you into Nevada you violated Federal law 18 USC 922 (a)(3), both acts being felonies:
18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
The legal procedure would have been for the parents to ship/deliver the firearms to an FFL (Federal Firearms License) holder for transfer to the children. If the guns are rifles or shotguns the FFL could be in just about any state. If the guns are handguns (or other than a rifle or shotgun), the FFL would have to be in Nevada.
I would suggest that before anyone just decides to take guns home with them across state lines, they should be very familiar with Federal laws, and the state laws where they are receiving the guns, and the state laws of the state they are taking the guns to.
Firefighterchen
OC for Tactical Advantage
Navy, does that mean I can't buy a shotgun or rifle in another state other than Washington and fly home with it? I thought it was only handguns you need to be a resident of that state?
I did not post the exceptions to 18 USC 922 (a)(3) because they did not apply to the OP's situation, the out-of-state purchase/transfer of a rifle or shotgun must be from an FFL:
18 USC § 922 - Unlawful acts
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
My husband made contact with Metro police in Las Vegas before we brought the guns back with us. He was informed that guns can be transferred to family members. The guns are antiques (one of them was manufactured between 1930 and 1939) and we don't even know if they are able to be fired. The police officer in Washington even told us they could be tranferred, that we just needed to declare them. They told us that was the only error we made.
sevans1965
New member
This doesn't help "Ladye", but for future reference and for anyone owning a smart phone, TSA has an App where you can look up items and it gives you step by step instructions as far as getting something on the plane (at least for iPhone, I'm guessing they would for Droid also).
Pretty handy knowing I have up to date instructions at my fingertips directly from TSA. Anyway, just thought I would pass it on to help anyone from making an honest mistake.
Pretty handy knowing I have up to date instructions at my fingertips directly from TSA. Anyway, just thought I would pass it on to help anyone from making an honest mistake.
Respectfully, asking police officers about Federal firearms laws regarding interstate transfers is like taking your race car to the kid that does oil changes at Jiffy Lube for an engine rebuild before the Indy 500. Can you explain to me exactly how the Federal laws I posted were not violated? Also, your guns are no where near "antiques". Federal and Washington state laws define antiques as guns made before 1898, muzzle loaders, cap and ball, guns that use obsolete ammunition no longer in production, and replicas of such guns.
rifleshooter474
New member
Myself I would never ever take any firearm near an airport in this crazy firearm Reg. Country. Why chance these problems?
Thousands of people fly with their guns in baggage every day. They comply with the simple requirements, takes 10-20 extra minutes , no problems.
PT191145acp
New member
I wouldnt worry to much. It happens alot more than you think. You made a honest mistake. He took your info to probably run a check on ya to make sure your not a felon and such and probably just receive a warning letter you may have to sign and send back or something.
I have to agree that firearms passed to siblings or children are not subject to ffl transfer. That situation would be different if they were sold. And, this situation may become illegal in the near future if we don't keep up the pressure on the universal background check legislation.
Firefighterchen
OC for Tactical Advantage
Why would I not defend myself away from home?
Firefighterchen
OC for Tactical Advantage
I wish more people had the mindset that unconstitutional laws were unjust laws and were not to be followed.
rifleshooter474
New member
You ever been taken to court gone through a full jury trial? You can defend yourself away from home, I will worry about myself.
I guess it all depends on how you prefer to be referred to.... as "the defendant" or as "the deceased". Your choice.
Unfortunately, the plain words and language contained in the Federal statutes state differently than your opinion.
