California Penal Code 171.5: Bringing Weapons to an Airport

What Is PC 171.5 and What Constitutes a Violation of It?

California Penal Code section 171.5 is a California statute that makes it illegal to possess a firearm or several other kinds of weapons in an airport under certain circumstances. To face charges for violating this law, you must:

1. Willfully possessed a prohibited weapon specified in PC section 171.5 (c)
2. Possessed the weapon in  a “sterile” area of an airport

The statute lists various different types of weapons and items that resemble weapons that are illegal to bring to the airport. They include:

• Firearms
• Knives with a blade longer than 4 inches
• Box cutters
• Explosives/Grenades
• Tear gas/Chemical gas
• Imitation firearms/grenades/weapons
• Tasers/Stun guns
• Ammunitions/Magazines/Parts of firearms
• “BB” guns/Paintball guns and their respective ammunition

It also specifies that it is not necessarily illegal to have these items anywhere in an airport, but only in “sterile” areas, which refers to anywhere past the TSA screening. 

What Are the Punishments for Violating PC 171.5?

California law treats possession of a weapon in an airport as a misdemeanor offense. The punishments could consist of:

• Up to 6 months in a county jail
• A maximum fine of $1,000

Legal Grounds for Bringing Prohibited Items into the Airport

Legislation provides a number of exemptions for persons authorized to bring weapons and prohibited items into the airport. Under California Penal Code Section 171.5, certain citizens are exempt from liability for possessing and carrying a weapon into an airport. These are such people as:

1. Active law enforcement officers in the line of duty
2. Retired police officers who possess the appropriate credential
3. Military personnel and certain former military personnel authorized to carry weapons
4. Airport security personnel who have undergone special screening

To obtain an exemption, you must document your status. For example, an active police officer must have his or her official identification card and orders to perform specific duties related to being at the airport.

Can I Avoid Charges For Accidentally Packing A Prohibited Item?

What Should You Do If You Are Charged Under California Penal Code Section 171.5?

How Can I Defend Myself if I Am Accused of Possession of a Weapon at an Airport?

There are several possible ways to defend yourself if you are wrongfully charged with violating PC 171.5. Some of them include:

• You are an individual that is exempt from PC 171.5 as specified in the same code
• You did not know you were in possession of weapons
• You did not bring the weapons into a “sterile” area
• Your items are not classified as weapons under PC 171.5 (c)

Many individuals, mainly members of law enforcement, are exempt from airport gun laws. Included in this are peace officers, retired peace officers, certain military and ex-military personnel, and airport security. 

It is common for people to accidentally bring items in their luggage that they did not mean to bring. For example, if you accidentally left a box cutter in a small pocket, you can’t face charges for violating PC 171.5.

You can also defend yourself by showing that you didn’t bring the weapon into a sterile area. For example, if you were picking up a friend from the airport, and a security guard saw your weapon, you wouldn’t be guilty of violating PC 171.5 if you didn’t bring the weapon past TSA.

Lastly, it is possible for the prosecution to make a mistake when classifying your items as a “weapon.” The most common example of this is for knives, which you may be bringing with you for a purpose other than use as a weapon. As long as the knife is under 4 inches, it cannot be classified as a weapon under this law section. If you face charges under California Penal Code 171.5, KAASS LAW can help protect your rights.