Flying with Firearms: What You Need to Know About Federal and North Carolina Laws

TSA

The number of firearms discovered at airport security checkpoints is on the rise, and with it, so are the questions and consequences for travelers. Whether you’re a concealed carry permit holder, a seasoned hunter, or simply transporting a firearm for a lawful purpose, knowing the rules about guns at the airport is critical.

Let’s explore the ins and outs of flying with firearms and what happens if you find yourself in a legal bind.

Federal rules: TSA guidelines on firearms and ammunition

Here’s the golden rule: firearms and ammunition are never allowed in carry-on luggage. Full stop. The Transportation Security Administration (TSA) has strict protocols for how firearms must be transported:

  • Unload It: The firearm must be completely unloaded.
  • Lock it up: Place the firearm in a locked, hard-sided container designed to secure it from unauthorized access.
  • Declare it: At the check-in counter, you must declare your firearm to the airline.
  • Box your ammo: Ammunition must be securely packed in a fiber, wood, or metal box and stored in the same hard-sided container as the unloaded firearm.

If you fail to follow these rules, you could face hefty fines and/or potential criminal charges.

State rules at the terminal: North Carolina's role

While the TSA governs how firearms are transported on planes, what happens in the terminal is often determined by state law. In North Carolina, here’s what you need to know:

  • Carrying firearms in the terminal: North Carolina law generally prohibits firearms in airport terminal areas. Even if you have a concealed carry permit, carrying a firearm past security or into restricted areas is illegal.
  • Parking lot possession: The parking lot is a different story. State law permits lawful gun owners to keep firearms in their vehicles on airport property, as long as they are stored securely and not brought into prohibited areas.

But remember, these rules can change depending on the airport. For example, if parts of the terminal are federally owned, federal regulations may apply.

Charlotte-Douglas International Airport: A case in point

Charlotte-Douglas International ranks among the busiest airports in the United States. As such, it’s also one of the airports where TSA agents frequently discover firearms at security checkpoints. The number of guns found in carry-ons at another North Carolina airport, Asheville Regional Airport, hit a new all-time high in 2023.

Why does this happen?

  • Many travelers forget they’re carrying a firearm.
  • Some travelers don’t realize the rules vary between checked and carry-on bags.
  • Some travelers simply assume their concealed carry permit is a golden ticket.

At Charlotte-Douglas International, if you’re caught with a firearm at a TSA checkpoint, expect immediate legal consequences. Local law enforcement will get involved, and even if you avoid criminal charges, you’ll face TSA fines ranging from $1,500 to $14,950.

Common mistakes and consequences

  • Forgetting about your gun: This is the number-one excuse people give when caught at TSA checkpoints. Unfortunately, “I forgot” won’t hold up as a defense. Federal penalties are steep, and your gun could be confiscated permanently.
  • Improperly packing firearms or ammo: Packing your gun in a checked bag? Great—but forget the lock or fail to declare it, and you could still face trouble.
  • Assuming state laws don’t apply: Remember, the terminal area falls under state law unless federal jurisdiction applies. In North Carolina, you could be charged with a misdemeanor for carrying a firearm where it’s prohibited.
  • Not knowing the airline’s rules: Every airline has its own specific rules about transporting firearms. It’s your responsibility to check these in advance.

What to do if you’re caught with a gun at the airport

If you’re stopped at a TSA checkpoint with a firearm, stay calm and cooperate with authorities. Here’s what will likely happen:

  • Confiscation: TSA agents will confiscate the firearm.
  • Law enforcement involvement: Local police will be called, and you may be arrested or issued a citation.
  • TSA penalties: Fines are likely, even for first-time offenders.

How to avoid trouble

  • Double check your bags before flying: Take a hard, close look at every bag you plan to bring. Even though that pistol in your glove compartment or backpack may not be at the top of your mind, the TSA will be vigilant about detecting them.
  • Know what the law says: If you have time, brush up on both federal and state laws, especially if you’re traveling to or from states with different firearm rules.
  • Follow TSA guidelines to the letter: Unloaded. Locked. Declared. Period.
  • Plan ahead: Allow extra time at check-in when traveling with firearms.

If you’ve found yourself facing charges related to firearms at the airport, don’t panic. An experienced lawyer can help you navigate the law and resolve any legal issues.

Safe travels—and don’t forget to check your bags twice!