TSA Sanctions/Fines/Process?

[CharlesInCharge]

My lovely wife, who is properly licensed to carry, neglected to remove a speed strip of .38 ammo from her CCW handbag prior to going through a TSA checkpoint at the Providence airport. A very polite and professional Airport LEO detained her briefly, verified her credentials/identity, confiscated the items, filed a report and sent her on her way to California. He also stated that she would be contacted by the TSA regarding a monetary fine. Anyone gone through this before?

 

[vellnueve]

" Violations can result in criminal prosecution and civil penalties of up to $10,000 per violation. "

"Passengers who attempt to take firearms and ammunition through the checkpoint in their carry-on luggage continue to be a problem. More than 3,000 firearms had been intercepted since TSA assumed responsibility for security at the nation’s 450 airports in February 2002. Nationwide, ammunition is intercepted more than 2,000 times each month. All firearms and ammunition must be declared to airline ticket agents and properly stored in checked baggage."

You should also check this.

http://www.tsa.gov/assets/pdf/FINALSanctionGuidancev1.12.07.pdf

And this

http://www.tsa.gov/research/laws/editorial_1504.shtm

 

[JonJ]

Contact a lawyer.

 

[drgrant]

So much for using a little discretion in punishment. Gotta love the
TSA. Keeping america safe from errant speedstrips of
ammunition.....

I agree with JonJ though.... talk to a lawyer.

-Mike

 

[vellnueve]

You have to be more careful than that. Whenever I fly, I completely empty all my bags and go through them to make sure nothing is in there that could raise a flag.

Are the rules unconstitutional? I'd say so, but you cannot put all of the blame on the agency.

From that PDF I read, the fines are discretionary so you may get lucky.

But get a lawyer.

 

[CharlesInCharge]

Just our luck...we're solid, taxpaying, productive members of society.

We'll probably end up getting screwed.

Hell...the only reason the system works is that the good guys are always willing to
do the right thing. We understand "personal responsibility". She should have checked the bag more carefully and we'll take the hit because that's what good guys do.

OR we could always tell the TSA that Obama said "we just went down the wrong path"..."We just don't love ourselves enough"...and that it's all THEIR fault.


"We have an entire generation of young men in our society who have become products of violence, and we are going to have to break the cycle," Obama said. "There are too many young men out there who have gone down the wrong path."

He later added, "There's a reason they go out and shoot each other, because they don't love themselves. And the reason they don't love themselves is because we are not loving them enough."

 

[KMaurer]

Just our luck...we're solid, taxpaying, productive members of society.

We'll probably end up getting screwed.

Makes perfect sense from their position. It can be both expensive and dangerous to screw around with real bad guys. Honest citizens are much easier to bend over. Look on the bright side: at least she probably won't have to worry about the problems currently associated with flying any more.

Ken

 

[rscalzo]

I'd wait to hear from them before spending dollars on a lawyer. They may very weel decide it isn't worth their time and effort to push the matter.

 

[Rob Boudrie]

I'd wait to hear from them before spending dollars on a lawyer. They may very weel decide it isn't worth their time and effort to push the matter.

They typically will offer you a "deal" of 50% if you don't contest it. If you contest it, they may get "list price" if they win, and you will have to go to the jurisdiction of the incident for the hearing.

Paying is almost certainly cheaper than hiring an attorney. If you get an offer to settle it as a non-criminal civil infraction, doing so may be your best bet - but I would suggest a consult with an attorney to confirm it is non-criminal.

RI carry licenses are, in practice, discretionary so he RI permit could be in jeopardy if news of this incident makes it back to the licensing official. Once again, and attorney can tell you (a) if this is likely to happen, and (b) if settling the TSA fine will create a "criminal record" that needs to be disclosed at license renewal time, or if it is a non-criminal civil infraction not creating a reportable criminal record.

Or, you could just ask the hive.

 

[NFD9]

" Violations can result in criminal prosecution and civil penalties of up to $10,000 per violation. "

OUCH!!!

 

[vellnueve]

I suggest that you read the PDF I linked. It contains much more detailed information.

 

[Tweed]

From someone I know who forgot a loaded mag in his bag at MHT, He got a letter that said don't do that again and pay $250.00. That follows with what is in that .pdf

 

[madmarc0]

My friend got caught with an empty mag in his carry on and was told to mail it back home by the TSA ( we were in Vegas ) and got told the same thing about a warning or a fine.
He got the warning in the mail 4 weeks after the incident but there was no fine.
It was an honest mistake and the folks there seemed to be understanding and even let him mail it back to his house! There is a post office in the airport in Vegas, it must happen all the time!!

 

[rscalzo]

Here's how I read the violation. Not insignificant. I would no9t make a move until contacted. Why pay out funds for something that may or may not happen. No benefit to it at all.

4. Explosives
i. Penalty range A* $6,000-$10,000 + crim. referral
ii. Penalty range B** $250-$1,500

**Penalty Range B:
Ammunition (note: See exception for ammunition in Checked Baggage, 49 C.F.R. § 1540.111(d)).
Fireworks
Flares in any form
Gunpowder (note: volume over 10 ounces standard package justifies use of Penalty Rang