California Penal Code 171.5(b) – Bringing a Weapon to an Airport
Caught with a Weapon at a California Airport?
If you’ve been arrested or cited for bringing a weapon into a sterile area of a California airport, you’re likely facing serious legal consequences — even if it was unintentional. Under Penal Code 171.5 PC, it’s a crime to knowingly possess certain weapons beyond TSA screening checkpoints. This applies to not only firearms, but also items like stun guns, knives, tear gas, and even imitation weapons.
Airports are high-security zones, and California law takes these offenses seriously. A conviction could lead to jail time, fines, and lasting damage to your record — especially if federal authorities get involved. But not every case is clear-cut, and many arrests result from misunderstandings, forgotten items, or unlawful searches.
At The Law Offices of Arash Hashemi, we’ve helped clients across Los Angeles fight airport-related charges for over 20 years. Below, we explain the law, penalties, and defense strategies you should know if you’re facing charges for bringing a weapon to an airport.
Overview of Possession of a Weapon at the Airport Law
Penal Code 171.5 PC makes it illegal to bring or carry specific weapons into the sterile area of an airport — the part of the airport you enter after passing through TSA security. This law is meant to protect public safety and ensure that dangerous items don’t make it onto planes or near passengers.
Unlike general firearms laws, PC 171.5 applies even to people who otherwise legally possess a weapon. If that weapon is brought into a restricted airport zone, the law presumes a higher level of risk, and penalties apply — regardless of intent to use the weapon.
Key features of this law:
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It’s a misdemeanor offense under state law.
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It can lead to additional charges under federal law or related California statutes.
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It applies to functional and imitation weapons alike.
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Prosecution must prove the possession was knowing and willful.
What Does California Penal Code 171.5 PC Prohibit?
Penal Code 171.5 specifically prohibits any person from knowingly possessing a weapon within the sterile area of a California airport or a passenger vessel terminal. The law defines “sterile area” as the zone beyond security screening where access is restricted — generally, once you’ve passed through TSA checkpoints.
This statute covers a broad list of weapons and weapon components, including:
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Firearms (loaded or unloaded)
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Firearm parts (e.g., frame, barrel, magazine)
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Knives with blades longer than 4 inches
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Box cutters or razor blades
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Tear gas canisters
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Stun guns or Tasers
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Grenades or explosive devices
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Imitation weapons, including realistic-looking replicas
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Ammunition of any kind
The law applies regardless of whether the item was intended to be used. Even accidental possession — like a forgotten firearm in your carry-on — can result in arrest and criminal charges if prosecutors can prove you knowingly brought the item into a secure area.
Exceptions
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Peace officers or law enforcement acting in the scope of duty
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Individuals authorized to carry firearms in the course of employment (such as federal air marshals)
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Properly checked weapons in luggage (not carried into the sterile area)
However, these exceptions are narrow, and courts generally take a strict approach when it comes to airport security violations.
Penalties for Violating Penal Code 171.5 PC
Misdemeanor Penalties
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Up to 6 months in county jail
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A fine of up to $1,000
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Summary (informal) probation
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A permanent criminal record
In many first-offense cases, the court may impose probation instead of jail time. However, courts treat violations that occur at airports with increased seriousness due to heightened security concerns.
Potential Enhancements and Related Charges
If aggravating factors exist—such as prior convictions, possession of a loaded firearm, or being a prohibited person—the case may be prosecuted more aggressively or even elevated to felony-level offenses under related statutes.
Common Defenses for Possession of a Weapon at the Airport
Lack of Knowledge
One of the key elements of Penal Code 171.5 is that the defendant must have “knowingly” possessed the weapon. If the defendant was unaware that the item was in their bag or did not know the object qualified as a prohibited weapon, the knowledge element may not be met. This defense is especially relevant in cases where a weapon was unintentionally brought through security.
Unlawful Search or Seizure
If the weapon was discovered during an unlawful search, such as a search conducted without probable cause or outside the boundaries of TSA authority, the defense may file a motion to suppress the evidence under California Penal Code § 1538.5. If the court finds the search unconstitutional, the evidence may be excluded, which could result in a dismissal of charges.
No Weapon as Defined by Law
Not all objects qualify as weapons under the meaning of PC 171.5. If the item found does not meet the statutory definition of a “weapon” or “weapon component,” the charge may not be sustainable. The defense may argue that the object was not capable of being used as a weapon or was not legally prohibited.
Possession by Another Individual
In cases involving shared luggage or carry-on items, the defense may argue that the weapon belonged to someone else and that the defendant did not have actual or constructive possession of it. Proving lack of control or ownership over the item may result in a not guilty finding.
Duress or Necessity
Though rare, in some circumstances a defense may be available if the individual possessed the weapon due to coercion, threat, or necessity. This requires showing that the defendant reasonably believed they were in immediate danger and had no legal alternative.
Charged with Possessing a Weapon at a California Airport? Speak with a Los Angeles Criminal Defense Attorney
If you’ve been arrested or charged under Penal Code 171.5 for bringing a weapon into a sterile area of an airport, you are facing a serious misdemeanor offense with the potential for jail time, fines, and a permanent criminal record. These charges can also trigger additional firearm-related offenses or even federal prosecution, depending on the facts of the case.
Attorney Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience handling high-stakes cases, including weapons violations, firearm offenses, and airport security-related arrests. He understands how these cases are investigated and prosecuted in Los Angeles County—and how to fight for the best possible outcome.
Whether you were unaware of the item in your possession, the search was unlawful, or you’re facing a misunderstanding, we’re ready to review your case and protect your rights from day one.
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