Packing a Weapon in a Carry-On Bag Could Get You Deported

xrayWith the recent announcement by the Transportation Security Administration (TSA) that its airline security staff discovered a record-breaking 65 firearms in carry-on bags last week, it seems like a good time to remind visa and green card holders of an important fact: Firearms crimes can get you deported from the United States. “Forgetting” that you packed a gun (which many of the people caught claimed) is not necessarily going to help you, either.

First, the basic TSA rule: You can carry a firearm in your checked baggage if you advise the airline first. But you cannot bring a weapon, explosive, or incendiary with you onto the plane, including in any carry-ons or other accessible property. Failure to comply with this is a civil violation, and you could be fined.

A civil violation is not, however, a crime; and U.S. immigration law specifies that anyone “convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device . . . in violation of any law is deportable.” (See Immigration and Nationality Act Section 237.)

But every airport is also located in some U.S. state — and state law may, in fact, criminalize the gun-toter’s actions. The person could be arrested for crimes with such descriptions as “carrying a concealed weapon in a restricted area,” or “unlawful possession of a weapon.” And those crimes could definitely make the person deportable. For more information on what it means to be “deportable,” and how to defend yourself in immigration court proceedings, see the “Crimes and U.S. Immigration” portion of Nolo’s website.