PC §209(D) - POSSESSING A FIREARM AT AN AIRPORT OR TRANSPORTATION LOCATION

CLASS F FELONY

(a) Definition

Possessing a firearm at an airport or transportation location is defined as the unlawful possession, carrying, or control of a firearm, whether concealed or openly carried, within the premises of any airport, train station, bus terminal, or other transportation hub, without proper legal authorization.

(b) Elements of the Offense

To prove possession of a firearm at an airport or transportation location, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant possessed, carried, or controlled a firearm.

  2. The firearm was possessed within an airport, train station, bus terminal, or any other transportation hub.

  3. The defendant did not have legal authorization to possess the firearm in that location.

  4. The defendant acted knowingly and without lawful justification or excuse.

(c) Firearms Possession Rights

Firearms are generally prohibited in airports and other transportation hubs unless authorized by law. This may include exceptions for law enforcement officers, security personnel, or individuals with specific permits or authorization allowing them to possess firearms in such locations.

(d) Defenses

Defenses to a charge of possessing a firearm at an airport or transportation location may include, but are not limited to:

  1. Lack of Knowledge: The defendant did not know or have reason to know they were at an airport or transportation hub.

  2. Legal Authorization: The defendant had legal permission to possess a firearm at the location (e.g., as a law enforcement officer or through specific permits).

  3. Involuntary Possession: The defendant possessed the firearm temporarily due to extraordinary circumstances (e.g., surrendering the firearm to security personnel or law enforcement).

  4. Mistaken Location: The defendant was not aware that they were on transportation property where firearms were prohibited.

(e) Penalties

Possession of a firearm on government property is classified as a Class F Felony and may result in the following penalties:

  • Jail Time: Up to 120 seconds of jail time.

  • Bond Set: $100,000.00, subject to adjustment based on the jurisdiction’s regulations.

  • Revocation of Concealed Carry Licenses if applicable.

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