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What Happens if You Accidentally Bring a Gun in Your Luggage?

 Posted on September 04, 2025 in Criminal Defense

Loudoun County, VA criminal defense attorney for airport crimesMany people find air travel stressful, and when tensions are running high, mistakes can happen. One mistake that can have very serious consequences is bringing a firearm in your luggage without realizing it. 

In the Commonwealth of Virginia, even if you did not intend to break the law, carrying a gun in your bag through an airport can lead to criminal charges, fines, and other penalties. If you are in this situation, it is important to speak with a Loudoun County, VA criminal defense lawyer who can explain your legal rights and help you protect your future.

Is It Illegal to Bring a Gun in My Carry-On at Dulles Airport?

Firearms are strictly prohibited in carry-on bags at all airports, including Loudoun County’s own Washington Dulles International Airport. Federal regulation 49 C.F.R. § 1540.111 bans passengers from bringing firearms into the passenger screening area or onto an aircraft. 

The Transportation Security Administration (TSA) enforces these rules and reports frequent firearm discoveries at Virginia airports. In 2024 alone, TSA intercepted 145 handguns at Virginia airport checkpoints. These cases can lead to both federal and state-level consequences.

What Are the Penalties for Accidentally Bringing a Gun in Your Luggage in Virginia?

Even if you forgot the firearm was in your bag, the law still applies. Under Virginia Code § 18.2-287.01, possessing a gun inside an air carrier airport terminal is a Class 1 misdemeanor. Class 1 misdemeanors in Virginia carry penalties of up to 12 months in jail and fines of up to $2,500. Weapons carried in violation of this law are also subject to forfeiture.

At the federal level, TSA may impose civil penalties that can reach $14,950. Violators usually lose TSA PreCheck eligibility for at least five years and face additional screening. In most cases, the firearm is seized by airport police when it is discovered.

What Other Airport-Related Crimes Can Lead to an Arrest?

Accidentally carrying a firearm is not the only way someone can face criminal charges in an airport. Disorderly conduct and alcohol-related offenses are common when stress and long delays mix with drinking in airport bars. Possession of illegal drugs is also taken seriously under both state and federal law, and these substances can often be discovered during routine security screening. 

Airports are frequent locations where travelers with outstanding warrants are taken into custody. When passengers present identification at the check-in desk, go through security, or board a flight, their information can be flagged through systems that are linked to law enforcement databases. This means that someone with an active warrant may be detained on the spot, even if they were unaware the warrant existed. 

Because airport security and law enforcement are closely integrated, any of these situations can escalate quickly, making it essential to have an experienced defense lawyer on your side. 

Contact a Loudoun County, VA Criminal Defense Lawyer

If you were stopped for accidentally carrying a firearm in your luggage, you should not try to handle the case on your own. Contact a Leesburg, VA criminal defense attorney at Whitlock Law by calling 703-576-5005 to schedule a free consultation. Our team can explain the charges, the potential consequences, and the defense options available to you.

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