Arrested With a Gun at a Houston Airport? What Happens Next Under Texas Law

If the TSA finds a handgun in your bag at Bush Intercontinental (IAH) or Hobby (HOU), your day can change quickly. You may be pulled out of line, questioned, and face both a Texas criminal case and civil penalties from TSA. Here is what that process looks like, what Texas law actually says, and how a defense lawyer can protect you. At Chernoff Law in downtown Houston, I handle gun cases regularly. If this happened to you at IAH, Hobby, or anywhere in Texas, I can explain your next steps and help you minimize the fallout.

What Happens at the Checkpoint

• TSA detects a firearm in your carry-on during screening.
• Airport police respond, typically the Houston Police Department Airport Division, and secure the weapon and your identification.
• Officers evaluate key facts: whether the gun was loaded, how accessible it was, where it was found, and whether you have a License to Carry (LTC).
• Two tracks usually start at the same time: a Texas criminal investigation that may lead to an arrest or a referral for prosecution, and a separate TSA civil enforcement case that can involve fines and the loss of Trusted Traveler benefits like PreCheck, even if you are not arrested.

Important: TSA penalties are separate from any Texas criminal case. TSA can still fine you and affect your travel privileges even if local police do not book you into jail.

In more serious situations, federal authorities can also bring charges for carrying a weapon in a sterile area or on an aircraft under 49 U.S.C. § 46505. Under 49 C.F.R. § 1540.111, it’s illegal to have a weapon on one’s person or accessible property onboard an aircraft, when attempting to board, or when entering or in a sterile area of the airport. The TSA may impose civil penalties that can amount to up to $17,062 per violation per person.

Is Carrying a Gun at the Airport a Crime in Texas?

Yes, in certain areas. Texas Penal Code § 46.03 makes it a crime to possess a firearm in the secured area of an airport (the TSA-controlled screening zone). A violation of § 46.03(a)(5) is a third-degree felony under § 46.03(g). The statute defines “secured area” and makes clear that public, pre-security spaces like ticketing, baggage claim, curbside, and parking areas are not included.

Why this matters: Location is critical. Pre-security areas are treated differently. Once you enter screening with a gun in your carry-on, you are in the secured area and at risk of arrest under Texas law.

Immediate-Exit Protection for License Holders

Texas provides a narrow safety valve for license holders who accidentally bring a handgun to screening. If screening personnel notify you that you are carrying and you immediately exit the checkpoint, it is a defense to prosecution. The statute also instructs officers, in that specific situation, to inform a license holder of this defense and give an opportunity to leave before making an arrest. This is highly fact-specific and does not stop TSA from issuing a civil penalty.

Separate TSA Consequences

TSA treats guns at checkpoints as a serious security violation. Expect:

• Civil fines that can reach into the thousands of dollars, with higher penalties for loaded firearms or repeat violations.
• Revocation or suspension of TSA PreCheck and other Trusted Traveler benefits.
• A possible criminal referral in addition to the civil process.

Houston travelers should also know this is common. IAH consistently ranks among the top U.S. airports for firearms intercepted at checkpoints. Local authorities and TSA follow a well-worn playbook. Getting counsel involved early helps you avoid common errors that could have a negative impact on your case.

Key Factors That Can Shape Your Case

Every case is different, but these questions often drive outcomes:

• Where exactly were you? Secured area versus curbside, check-in, or other pre-security locations matters under § 46.03.
• Were you a license holder, and did you leave immediately once notified? If so, the statutory defense may apply.
• Was the bag under your control? Who packed it, who owned it, where the firearm was found, and whether it was accessible can affect “knowing possession.”
• Search and seizure: How the weapon was discovered and documented can raise Fourth Amendment issues.
• Prosecutorial discretion: Some airport gun arrests are negotiable depending on facts, history, and risk factors. No lawyer can promise results, but targeted mitigation can change outcomes.

What to Do Immediately After an Airport Gun Arrest

• Be respectful and do not argue. Do not volunteer explanations beyond identifying information.
• Do not sign statements without counsel.
• Call a Houston criminal defense lawyer who handles gun charges and airport cases.
• Preserve documentation, including your boarding pass, bag tags, any checkpoint paperwork, and clear photos of your bag and the screening area.
• Watch your mail. TSA civil penalty notices often arrive weeks later, and deadlines to respond apply.

Possible Outcomes in Harris County

Outcomes range from case dismissal, charge reduction, or pretrial programs to third-degree felony prosecution, depending on the facts and your history. Courts consider whether the gun was loaded, prior episodes, cooperation, and any credible evidence of mistake. I also advise clients on collateral risks where possible, including immigration, professional licensing, and firearm rights. Results depend on your specific facts; no attorney can guarantee an outcome.

FAQ

1.  Is bringing a gun through TSA at IAH or Hobby charged as a felony in Texas?

If the firearm is brought into the secured area of the airport, yes. It is a third-degree felony under Penal Code § 46.03(a)(5) and (g). Penalties and outcomes still depend on the facts and your record.

2. I have a License to Carry. If I leave immediately, am I safe?

Texas law gives a defense to prosecution if a license holder is notified at screening and immediately departs. Officers are directed to allow departure before arrest in that narrow scenario. TSA can still fine you, and the defense depends on the exact facts and timing.

3. What will TSA do after the incident?

TSA will typically start a civil penalty case. Fines scale with the circumstances, including whether the gun was loaded or accessible. You can also lose PreCheck and other Trusted Traveler benefits.

4. Can I fly with a gun if it is in checked luggage?

Yes, but never in a carry-on. Firearms must be unloaded, in a locked hard-sided case, and declared to the airline at check-in. TSA has detailed rules, and civil penalties can still be assessed if those rules are not followed.

5. Could I face federal charges, too?

It is possible in more serious situations. Federal prosecutors can charge carrying a weapon in a sterile area or on an aircraft under 49 U.S.C. § 46505. TSA civil enforcement runs under 49 C.F.R. § 1540.111 regardless of any state charges.

Why Call Chernoff Law

I have spent decades defending people facing serious criminal accusations in Houston and across Texas. I know how airport gun cases are investigated and charged, and I move quickly to help clients minimize collateral risks. If you were stopped with a firearm at IAH or Hobby, get me involved early so I can focus the case on the facts that help you and guide you away from mistakes that could make the situation worse.

Talk to a Houston Criminal Defense Lawyer Today

If you are dealing with an airport-firearm arrest in Harris County or a nearby county, call 713-222-9141 or contact Chernoff Law online with this form to schedule a confidential consultation. I will review your case, explain your options, and help you take the next right step.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.