California State Center Wiki: Sanctions For Bringing Prohibitted Items To A California Airport Security Checkpoint

Santions For Bringing Prohibitted Items To A California Airport Security Checkpoint

If you bring a prohibited item to the checkpoint you may be criminally and/or civilly prosecuted. A screener and/or Law Enforcement Officer will make this determination based on their own judgement. This is because bringing a prohibited item to a security checkpoint - even accidentally - is illegal, and gives the government a chance to impose fines and monetary sanctions on ordinary people.

TSA needs the help of the traveling public in reducing the number of prohibited items brought to airport screening checkpoints. TSA recognizes that most passengers who carry prohibited items do so without any ill intent. TSA does not impose fines on the vast number of passengers who inadvertently carry prohibited items. Dealing with any prohibited item, however, adds time to the screening process both for the traveler who brought the item and for other travelers as well. Some items pose such a risk to the traveling public and the screening workforce that TSA will consider imposing a fine on the traveler. Items for which fines may be imposed include firearms, ammunition, explosives, and certain dangerous knifes. Fines also may be imposed when passengers attempt to artfully conceal prohibited items or behave in a manner that is so uncooperative and disruptive that it physically interferes with the screening process.

Individual Sanctions

This TSA policy directive provides sanction guidance for imposing civil penalties up to $10,000 per violation for all persons, including individuals, when a determination is made that civil penalty enforcement action should be taken.1 This sanction guidance is being issued to assist TSA personnel on the appropriate application of penalties under TSAs present civil penalty authority.

A. Security Violations by Individuals for Prohibited Items Discovered at Checkpoint/Sterile Area/Onboard Aircraft Applicable TSA Regulation: 49 C.F.R. 1540.111(a)

1. Weapons

a. Firearms

i. Loaded (or accessible ammunition): $3,000 - $7,500
ii. Unloaded: $1,500 - $3,000 Plus Criminal Referral

b. Other weapons (this category includes sharp objects, club-like items, and other prohibited items, other than firearms, that may be used as a weapon: $250 - $1,500

2. Disabling chemicals - General penalty range $250 - $1,500
3. Incendiaries - General penalty range $250 - $1,500
4. Explosives

a. Blasting Caps, Dynamite, Hand grenades, Plastic explosives & All other high explosives: $6,000 - $10,000 Plus Criminal Referral
b. Ammunition (note: See exception for ammunition in Checked Baggage, 49 C.F.R. 1540.111(d)), Fireworks, Flares in any form, Gunpowder (note: volume over 10 ounces standard package justifies use of Penalty Range A.): $250 - $1,500

B. Security Violations by Individuals for Prohibited Items Discovered in Checked Baggage

1. Weapons

a. Firearms

i. Loaded (or accessible ammunition) $1,000 - $2,000 plus criminal referral
ii. Unloaded - and undeclared / not properly packaged: $500 - $1,000

2. Incendaries - General penalty range: $250- $1,500
3. Explosives

a. Blasting caps, dynamite, Hand grenades, plastic explosives & all other "high explosives": $6,000 - $10,000 plus criminal referral
b. Ammunition (note: See exception for ammunition in Checked Baggage 49 C.F.R. 1540.111(d) Firewoks, flres in any form, gunpowder (note: Volume over 10 ounces standard package justifies use of Penalty Range A: $250 - $1,500

C. Other Security Violations by Individuals or Persons

1. Interference With Screening (49 C.F.R. 1540.109 )

a. Physical contact $1,500 - $5,000
b. Non-physical contact $ 500 - $1,500
c. False Threats $1,000 - $2,000

2. Entering Sterile Area Without Submitting To Screening (49 C.F.R. 1540.107): $1,000 - $3,000
3. Tampering or interfering with, compromising, modifying, attempting to circumvent, or causing a person to tamper or interfere with, compromise, modify or attempt to circumvent any security system, measure, or procedure. (49 C.F.R. 1540.105(a)): $2,500-$6,000
4. Entering or being present within a secured area, AOA, SIDA, or sterile area without complying with the systems measures or procedures being applied to control access to, or presence or movement in, such areas. (49 C.F.R. 1540.105(a)(2)) $1,000-$3,000
5. Improper use of airport access medium. $1,000-$3,000 (49 CF.R. 1540.105(a)(3))
6. Fraud and Intentional Falsification $2,500-$6,000 (49 C.F.R. 1540.103) Plus Criminal Referral
7. Failure to allow inspection of airman certificate, Authorization, or FAA license. (49 C.F.R. 1540.113) $1,000-$3,000

The following is a non-exclusive list of aggravating and mitigating factors frequently encountered in cases of violations by individuals:

A. Aggravating factors

1. Artful concealment
2. Number of weapons, or volume of explosives and incendiaries
3. Type of weapon, explosive or incendiary
4. Display or use of weapon, explosive or incendiary
5. Past violation history of violator
6. Experience level of violator (e.g., airport/air carrier employees are trained and experienced).
7. Evidence of intent to interfere with operations (e.g., testing the system with a prohibited item, attempting to enter sterile area with prohibited item after previously being allowed to leave in order to divest).
8. Attitude of violator

B. Mitigating Factors

1. Disclosure by violator
2. Inexperienced flyer
3. Violator is a juvenile
4. Other penalties assessed by federal, state, or local law enforcement

Sources:

http://www.tsa.gov/interweb/assetlibrary/Sanction_Guidance_for_Individuals_7-15-2004.pdf

From California International Airports

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Daily Fact

On September 28, 1998, the Mississippi Gulf Coast took a direct hit by Hurricane Georges that left approximately 230,000 people without electricity and about 15,000 residents in public shelters. In Biloxi, Mississippi, flooding and hurricane-force winds (over 95 miles per hour) damaged several homes and businesses, necessitating curfew and a state of emergency.

Source: Louisiana State Center