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What if You’re Caught with a Gun at the LAX Airport?

Posted by Ronald D. Hedding, ESQ. | Jul 10, 2020

More and more, I'm witnessing these cases being prosecuted in the Airport or LAX court. Individuals are being apprehended with a firearm, either at the metal detector or anywhere in the airport premises. The gravity of the situation cannot be overstated.

Obviously, having a gun makes the authorities think that you're going to do something really bad, especially remembering 9/11 and all the security precautions that were put in place.  They're very harsh on these cases.  They take no chances.

Even if you say it's a mistake, they don't care.  They're going to arrest you.  They're going to prosecute you, and they're going to send you into the LAX courthouse to deal with the case, and I've dealt with a lot of these cases. Possession of a gun at the airport is defined under California Penal Code 171.5.

I will tell you this: Most of the cases are prosecuted by the City Attorney's office because they are usually prosecuted as misdemeanors. The City Attorney's office has a very strict, vicious policy regarding illegal gun possession. They will not let these cases go. They're very difficult to deal with.

Defenses for Possession of a Gun at the Airport

One defense that you definitely have in the possession of a gun case at the Airport is that you didn't realize the gun was there.  This is a legitimate defense, and it's important to remember that the jury will be instructed accordingly.

They are the ones who are going to have to find you guilty beyond a reasonable doubt of possessing a gun at the LAX Airport; what you see is that you have to have some knowledge that you have the gun.  It's very clear.

What if You're Caught with a Gun at the LAX Airport?

I have a lot of clients who go in there and don't realize they have the gun for various reasons.  So, the jurors are going to look at all the surrounding circumstances in deciding whether or not you knew you had this particular gun.

So, you have to come in and sit down. We'll go over all of the facts and details, and I'll give you a pretty good feel for what your chances might be going to trial, depending on the circumstances of why you had the gun.

You have to realize that jurors go on planes, too, so they don't want people with guns on planes, and if it looks like you're going to do anything sinister or bad on the plane, they're definitely going to want to convict you.

So, you really have to have a good reason for why you had the gun, why you didn't realize you had the gun, and I would say in a case like that, you're going to have to testify probably.  They're not just going to give you the benefit of the doubt.

They don't want people on planes with guns because they have to ride these planes, and they realize the police, the judges, and the prosecutors are just trying to protect the public with these gun laws.

Review of Evidence to Determine Best Strategy

So, what I have you do is have you come in, and we sit down and talk about everything related to why you have that gun and what evidence we have that you didn't know that you had the gun.

Then, I'm also going to assess what type of a witness you might make — whether they can get any bad evidence in against you.  We'll sit down and talk about that, and then I'm going to talk to the prosecutors.

I will say my client did not know that he or she had a gun with them, and then I'm going to listen to what the prosecutor says because that's usually going to bring out their best argument.

They're going to say, "Well, we think they did know, and here's why." Now, I can go back to you and say, "Okay, if the case goes to trial, here is the evidence they're going to bring to bear to show that you knew that you had a gun or that you should have reasonably known under the circumstances."

And if that evidence looks like it could be believable, then you're probably not going to want to go to trial.

Contact our Los Angeles Criminal Lawyers

So, if you have one of these cases — whether you're innocent or guilty — you need an attorney. Even if you're guilty, you want to do everything you can to stay out of jail, avoid hefty fines, and protect all of your freedoms and your criminal record. A conviction could have a significant impact on your future travel and employment opportunities, among other things.

So, pick up the phone.  Ask to get a meeting with Ron Hedding.  With my 26 years of experience and my connections with the DA's office and the City Attorney's office, I have successfully defended numerous clients in similar cases. I'll sit down with you and use my expertise to do everything I can to help you.

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About the Author

Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

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