DFW AIRPORT ARREST ATTORNEYS
Dallas Fort Worth International Airport is one of the busiest airports in the world. With so many people coming and going through DFW Airport, the DFW Airport Police Department remains very busy. From intoxication offenses, to unlawfully carrying a gun in a secured area, the DFW Airport authorities make many arrests each week.
Unlawfully Carrying a Weapon at the Airport – Felony Charges
It is a criminal offense to carry a handgun (or other prohibited weapon) into the secured area of an airport. In many cases, this is a true accident, in that a person is unaware that they had a gun in their carry on luggage when they place it in the x-ray to be scanned. Accident or not, DFW Airport Police will typically arrest a person who brings a gun to the checkpoint and charge them with a felony offense.
Under Texas Penal Code Section 46.03, “a person commits an offense if the person intentionally, knowingly, or recklessly, possesses or goes with a firearm into a secured area of an airport.” An offense under 46.03 is a 3rd Degree Felony, which carries a punishment range of 2-10 years in prison and a fine up to $10,000.
Misdemeanor Charges for Carrying a Gun to DFW Airport
Although the DFW Airport Police may book a person under a felony charge for bringing a gun into the secured area of the airport, the Tarrant County DA’s Office will usually file the case as a Class A misdemeanor under Texas Penal Code Section 46.02.
Under Texas Penal Code Section 46.02, “a person commits an offense if the person intentionally, knowingly, or recklessly carries on about his person a handgun and is not on the person’s own premises or premises under the person’s own control.” An offense under 46.02 carries a punishment range of 0-365 days in the Tarrant County Jail and a fine up to $4,000.
Exceptions for LTC/CHL Holders Under Texas Law
In 2015, Texas amended Section 46.03 of the Penal Code to allow for License To Carry (LTC) holders to take their gun back to their car if the accidentally bring it into the secured area of the airport. This exception has lost some of its effectiveness when Texas became an Open Carry state, but it is a big reason why we still advise people to go ahead and get their LTC because accidents happen and you would rather be in a position to take the gun back to your vehicle, than to be arrested.
Can I Get My Gun Back if it was Seized?
If your firearm was seized as part of your arrest, our attorneys can help you get it back once the matter has been resolved. Our attorneys retrieve more firearms from the DFW Airport than any other law firm. In fact, the evidence custodians know us by name. Once the case is disposed, we will make a motion to the trial judge to order that the weapon be released to our custody. These motions are typically granted even if they are opposed. Of course, the facts of every case are different, so we can’t make any blanket promises, but in past cases, we have been very successful in getting our client’s gun returned to him or her.
Intoxication and Drug Offenses at DFW Airport
Our firm also represents individuals arrested at DFW Airport for intoxication offenses and drug offenses. The most common intoxication offense that we see from DFW Airport is Public Intoxication, which is a Class C misdemeanor. While a Class C misdemeanor is on the level of a standard traffic ticket, this can still cause a person to be arrested at the airport.
Like gun charges, drug offenses usually stem from a traveler having drugs in their carry-on luggage that is noticed by TSA when their bag is scanned. Drug offenses can include illicit drugs as well as prescription drug that are not stored in a proper container. To learn more about drug offenses in Texas, please read our Drug Crimes Page.
Writ Bonds From DFW Airport Jail | How to Get Out of Airport Jail Fast
Typically, a person that is arrested by DFW Airport Police will have to wait to be transferred the following day to the Tarrant County Jail where a Magistrate Judge will arraign him and set a bond so that he can be released upon posting bond. There is a process, however, in which a person can be released straight from the DFW Airport Jail. If the arrestee or his representative contacts an attorney in a timely manner, the attorney might be able to pursue a Writ Bond to have the person released from the Airport Jail. Depending on the time of day and weekday/weekend, a Writ Bond can be accomplished in a matter of hours. Our attorneys file dozens of Writ Bonds for folks arrested by DFW Airport each year. If you want to pursue a Writ Bond, you should contact us immediately for a free case evaluation.