Institute for Legal, Legislative and Educational Action
As more and more people have been exercising their right to bear arms in the United States, the number of people who forget they have a firearm in their carry-on luggage has been steadily increasing. The number of firearms caught at TSA checkpoints is shown in the chart below.
The number of people with carry permits has multiplied in the last decade, as has the number of states which do not require a permit to carry a concealed firearm. The legal system is known as Constitutional Carry or permitless carry.
This graphic shows the growth in Constitutional Carry (permitless carry) (green) states.
As more people exercise their right to bear arms, some are making the error of forgetting they had their firearms in the luggage they intended to carry on an airplane. The vast majority of people who make this error do so inadvertently. TSA discovers about ten undeclared firearms for every million passengers screened, as shown in the numbers from 2021.
TSA has been increasing the maximum civil penalty over the years. On December 16, 2022, it was raised from $13,910 to $14,950, a 7% increase. In 2018, the maximum penalty was $13,000. In four years, the maximum civil penalty has increased by 15%.
From TSA press release December 16, 2022:
Firearm possession laws vary by state and local government, but firearms are never allowed in carry-on bags at any TSA security checkpoint, even if a passenger has a concealed weapon permit. In order to reduce the threat of firearms at checkpoints, TSA has increased the maximum civil penalty for a firearms violation to $14,950. TSA determines the penalty amount for a violation based on the circumstances in each case. TSA will continue to revoke TSA PreCheck® eligibility for at least five years for passengers caught with a firearm in their possession. TSA may conduct enhanced screening for those passengers to ensure no other threats are present. Depending on state or local law in the airport’s location, passengers who bring firearms to a checkpoint may be arrested by law enforcement.
The penalty depends on several factors, such as whether this was the first offense or if the firearm was loaded. Here is the Table of Ranges of Civil Penalties for TSA for individuals, among others:
(3) Violations Committed by All Other Entities Including, but Not Limited to Airport Operators, Indirect Air Carrier, CCSFs, Individuals, Contractors, Small Businesses, etc.
People are not perfect. When you have over 22 million people legally carrying firearms, some will get busy and make mistakes. Some will leave a firearm in their luggage and forget to take it out in the rush to the airport, as they are delayed for an unexpected reason.
As the number of people exercising the right to bear arms increases, the number of those who make mistakes and bring firearms to TSA checkpoints increases.