Bringing a Firearm to the Tampa International Airport

What happens if you accidentally bring a firearm to the Tampa International Airport? 

If you pack your bags in a hurry, you might forget about a firearm in a carry on bag. The TSA screener will discover that mistake as soon as you enter the security checkpoint.

So far in 2020, Transportation Security Administration (TSA) screeners have discovered 360 handguns at security checkpoints throughout the airports in Florida. 

The number of people traveling on flights is down about at least half, but the number of firearms being found is about the same as last year. 

Over the last ten years, the attorneys at Sammis Law Firm have represented many clients accused of this crime. We work to get the charges completely dropped. If you didn't realize the firearm was in your carry on bag, then you are not guilty of any criminal offense.

Even if the charges are dropped, you might still be responsible for paying the TSA civil penalty which does not require that you had actual knowledge that the firearm was in the luggage.

An experienced criminal defense attorney can help you during each stage of the case as you fight for the best possible resolution.

How Many Firearms are Seized in Florida Airports?

For the guns seized at the airport in 2020 from January 1st through the end of October 31st, TSA seized: 

• 65 firearms at the Orlando International Airport
• 62 firearms at the Fort Lauderdale-Hollywood International Airport
• 57 firearms at the Tampa International Airport
• 43 firearms at the Miami International Airport
• 30 firearms at the Jacksonville International Airport
• 9 firearms at the St.Pete-Clearwater International Airport

What Happens After the Firearm is Discovered?

As soon as the firearm is discovered, the traveler almost always explains that bringing the gun to the airport was an accident and that they didn't realize it was in the carry on bag. 

If the traveler has a concealed carry permit, they are often issued a criminal citation for a second degree misdemeanor for carrying a concealed weapon in a prohibited location. 

Otherwise, they might be arrested for a felony charge of carrying a concealed firearm without a permit.

At trial, either of these crimes requires proof beyond all reasonable doubt that you KNEW you were in possession of the firearm. Not knowing the firearm was in the carry on luggage is a defense to the charges. 

If you are innocent of the crime, then a criminal defense attorney can help you fight for the charges to be dismissed on the merits. After the charge is dropped, then you might be eligible to expunge any record of the arrest.

In the past few years, officers with the Tampa International Airport Police Department (TIAPD) have arrested 25 people.

In addition to criminal charges, the traveler might also have to pay a civil penalty to TSA. The notice of the civil penalty might take up to a year to arrive.

If you need to travel with a firearm or ammunition, you should check with the airline in advance. Depending on where you are traveling to, the firearm can be checked with your luggage if you declare it. 

Different rules apply depending on which state you are departing to or arriving from. For international flights, the website of U.S. Customs and Border Protection explains the requirements. 

Attorneys for Criminal Investigations at the Airport

The attorneys at Sammis Law Firm represent clients accused of accidentally bringing a firearm or ammunition to the airport without properly declaring it. 

We also represent clients after their money is seized by law enforcement officers before a domestic or international flight. 

Law enforcement officers that seize money at the Tampa International Airport might include officers with the Tampa International Airport Police Department (TIAPD), Customs and Border Protection (CBP), Homeland Security Investigations (HSI), or the Drug Enforcement Administration (DEA).

Money might be seized before a domestic flight if the officer has "probable cause" that the money is involved in drug trafficking or money laundering.

Money might be seized on an international flight if you have more than $10,000 and fail to file a FinCEN 105 Form to declare the currency.

No matter the circumstances, the attorneys at Sammis Law Firm represent clients accused of a crime at the Tampa International Airport. 

Call 813-250-0500.

For Hillsborough County Cases, Do You Have to Go to Court or Appear by Zoom?

Over the weekend, we received a message generated by an automated notification system from Pat Frank, Clerk of the Circuit Court, 13th Judicial Circuit of Hillsborough County.

According to the message, when each defendant receives their court notice, they will also receive a copy of the following document for the COVID-19 court information and process to be utilized prior to coming to the courthouse.

The attached document provides:

Prior to coming to the courthouse for your scheduled court date, visit the link below to determine if your case will be rescheduled or heard remotely via Zoom™ (or a similar system).

https://www.fljud13.org/Home.aspx

• Click on View Latest News for COVID-19 Information and Updates

• Click on Judicial Directory

• Click on Individual Judge’s Name/Division

• Click on Procedures/Preferences (Includes Instructions for appearing and participating electronically including meeting ID’s)

In order to view the latest case information, visit www.hover.hillsclerk.com

If the defendant’s address on file with the Clerk of Court has changed, a “Designation of Current Mailing and Email Address” form (available at www.hillsclerk.com under the “Forms”) must be completed and mailed to Clerk of the Circuit Court, PO Box 3360, Tampa, FL 33601.

In order to further protect the health and safety of others who may interact with you, please review the below questions and if you answer yes to any of them, contact your attorney for further guidance prior to coming to the courthouse:

1. Have you or anyone in your household come in contact with someone who tested positive for COVID19 in the last 30 days? Yes___ No___ 
2. Have you experienced any of the CDC signs or symptoms of COVID-19 such as fever, cough, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell within the last 14 days? Yes___ No___
3. Have you traveled internationally or on a cruise within the last 30 days? Yes__ No___

COVID-19 Emergency Order from DHSMV Regarding Driver's License and DUI Suspensions

On March 9, 2020, Governor Ron DeSantis signed Executive Order 20-52 which provides:

“[e]ach state agency may suspend the provision of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provision of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency.”

As a result, the Executive Director of the Florida Department of Highway Safety and Motor Vehicles (DHSMV) authorized the following COVID-19 Emergency Order 043020 which:

• Extended the effective period of driver licenses and identification cards with expiration dates on or after May 1, 2020, through May 31, 2020, for thirty (30) days.
• Waived the delinquent renewal fees during the extension periods for these driver licenses/permits.
• Waived the “in-person” Driving Under the Influence (DUI) program client interviews, evaluations, case monitoring, supervision, meetings, and educational courses pursuant to section 322.292(4), Florida Statutes, and rule 15A-10.027, Florida Administrative Code, until May 31, 2020. In lieu of “in-person” interactions, DUI programs may use distance learning methodologies. 

The COVID-19 emergency order was authorized pursuant to Executive Order 20-52. The order expires, except to the extent specific dates are provided herein, on the expiration or rescission of Executive Order 20-52. 

The order was executed on the 30th day of April of 2020, by TERRY L. RHODES, the Executive Director

Florida Department of Highway Safety and Motor Vehicles.

Additionally, due to COVID-19, FLHSMV is providing modified in-office services by appointment only. 

Are the Courts in Florida Open During the COVID-19 (Coronavirus)?

According to an amended version of an administrative order issued previously by Chief Justice Charles T. Canady, the Florida Supreme Court just extended the suspension of all criminal and civil jury trials, among other proceedings, from May 29 through July 2, 2020.

Although the courts remain open, the goal is too dramatically reduce the number of people reporting to the courthouses each day. Persons who do not have business in the court facilities are requested to refrain from coming into these buildings.

The administrative order, issued on May 4, extended the suspension of all time periods involving the speedy trial procedure from June 1 through July 6 for all criminal and juvenile court proceedings.

Read the amended order in its entirety here - https://www.floridasupremecourt.org/content/download/633282/7195631/AOSC20-23.pdf

The amended order reiterates many of the past actions including the suspension of jury trials. The amended order also explains the types of proceedings that must continue despite the pandemic, such as bond hearings.

The amended order introduces a list of hearing types the chief justice says can be conducted remotely including:

• Arraignments and pleas in absentia in county court misdemeanor cases;
• Status, case management, and pretrial conferences in all case types;
• Non-evidentiary and evidentiary motion hearings in all case types;
• Hearings in noncriminal traffic infraction cases;
• Hearings in juvenile delinquency cases;
• Problem-solving court staffings, hearings, and wellness checks;
• Non-jury trials in all case types, except for criminal, juvenile delinquency and termination of parental rights petitions in dependency cases unless the parties in an excepted case agree to the remote conduct of a non-jury trial; and
• Alternative dispute resolution proceedings, also known as mediation.

When conducting these mission-critical proceedings, the courts are using attempting to minimize the spread of COVID-19 by using social distancing. The mission-critical hearings that must be heard in person include:

• Proceedings related to a violation of quarantine or isolation, a violation of an order to limit travel, a violation of public or private building closures, and a violation of a curfew;
• First appearance hearings, where a defendant appears before a judge within 24 hours of their arrest; 
• Bond motions for individuals in custody; 
• Criminal arraignments, where a defendant not in custody enters a plea, but only as necessary; 
• Hearings on petitions for temporary injunctions relating to the safety of an individual;
• Petitions by law enforcement agencies for risk-protection orders, where someone allegedly posing a threat to someone else or themselves risks losing temporary custody of their firearms;
• Hearings on petitions for extraordinary writs as necessary to protect constitutional rights;
• Hearings to determine whether an individual should be involuntary committed under the state’s Baker or Marchman acts;
• Hearings on petitions for the appointment of an emergency temporary guardian;
• Shelter hearings, when a judge has to decide whether to remove a child from the home; and
• Detention hearings, where a judge has to decide whether a child should be held.

Will the Florida Legislature Decriminalize Marijuana in 2020?

Legislation has been pre-filed in Florida to decriminalize the possession of small amounts of marijuana. 

Florida's 2020 House Bill 25 / Senate Bill 242 would reduce the penalty for the possession of up to 20 grams of marijuana from a first-degree misdemeanor (punishable by a $1,000 fine and up to 12 months in jail) to a noncriminal violation (punishable by a fine only).

Specifically, Florida 2020 House Bill 25 and Senate Bill 242 would amend Section 893.13 to:

• reduce the possession of small amounts of marijuana, less than 20 grams, from a first degree misdemeanor to a "noncriminal violation"; 
• reduce the possession of more than 20 grams of cannabis or more than 600 milligrams of THC in cannabis products from a third-degree felony to a first-degree misdemeanor; 
• allow juveniles found in possession of 20 grams of cannabis or more than 600 milligrams of THC in cannabis products, for a first offense, to be eligible for a civil citation or prearrest diversion program as provided in Section 985.12. 

If passed, the decriminalization of less than 20 grams of marijuana or 600 milligrams of THC in cannabis products would take effect on July 1, 2020.

The legislation would anyone in possession of a small amount of marijuana from being saddled with a criminal record and the lifelong penalties and stigma associated with it.

Additionally, the so-called "Adult Use Marijuana Legislation" was filed in SB 1860. The bill creates more regulation to govern the cultivation, processing, and retail sales of both medical and adult-use of marijuana in Florida for those over 21 years of age.

Florida's 2020 SB 1860 would: 

• create multiple license categories, including growing, processing, and retailing, and establishes a new transportation license; 
• allow contracting and wholesaling by growers to processors or retailers;
• permit adults over 21 access to an MMTC without a medical marijuana card;
• allow eligible individuals to petition the court for resentencing or expungement;
• prohibit marijuana from being utilized in public spaces
• maintain home-rule by allowing counties and municipalities to prohibit or limit the number of MMTCs within their jurisdiction.

Both pieces of legislation recognize that more harm is caused by the prohibition of marijuana than by marijuana itself. The legislation also allows law enforcement officers to focus their time and resources on more important issues that keep us safe.