I generally travel with my sidearm when traveling by plane by properly securing it into my checked-in baggage and claiming it as required. Three years ago, after handing over my luggage at checkin, I realized I might not have unloaded it so I asked for it back to which they declined. I let them know I didn’t properly secure the sidearm, to which they followed up with the full force response; embarrassing to say the least. I understand this was my mistake and have implemented a more thorough process to prevent it again. I even contacted my local Sheriff (who issues my CCW license) so they are aware because I believe in transparency. It is in fact one of the key matters that allowed me to get a CCW in one of the hardest counties in CA. (yes, I said CA… so you can imagine the treasure I possess here). Three years went by and I didn’t hear a word about the event, so I assumed it was dismissed as a first-offense grace. Unfortunately, I just received the DOHS TSA Notice of Violation that now states I am being fined.
I understand my mistake has consequences so I don’t argue I shouldn’t pay the fine, but I am curious if the 3 year delay has any merit to a dismissal in and of itself. I would like to expunge the record if possible being that it might impact my CCW renewals in the future.
Does anyone know if there is an expiration for TSA submissions of violations?
Copy your headline into Google/DuckDuckGo whatever and you will find offerings from various lawyers to help you out. From what I gather it is a Civil Penalty not a Criminal one unless you blow them off and it gets referred. I A$$uME it’s like a “Red Light Camera Ticket” pay the fine no points no foul. Don’t and they suspend your license or worse. Since this is federal @MikeBKY may have some input.
It looks like you can (within 30 days of getting the notice)
" (i) Written information and other evidence, including documents and witness statements, demonstrating that a violation of the regulations did not occur as alleged, or that the proposed penalty is not warranted by the circumstances."
" (iii) A written request for an Informal Conference, at a date to be determined by an agency official, to discuss the matter with the agency official and to submit supporting evidence and information to the agency official before the date of the Informal Conference.
(3) Submit to the office identified in the Notice of Violation and to TSA’s Enforcement Docket Clerk a written request for a formal hearing before an ALJ in accordance with subpart G. A request for a formal hearing before an ALJ must be submitted to the address provided in § 1503.413(c)(3)."
@Grant30 I agree with Craig6, and seek advice from a Lawyer. The 3 years that went by was probably a delay cause of pandemic, and pending cases are just catching up, but you may or may not have a good chance of fighting this situation, and if things go to your advantage, getting this situation expunged, would be worth it. A CLEAN SLATE. Good Luck, keep us in the loop!
That’s Code of Federal Regulation (CFR), not law. Like Statutes CFRs are enforceable but are two different things. Law are rules that govern everyone. CFR applies only to a person dealings with the Government agency that published them, in this case TSA.
To further muddy the understanding, regulations published in the CFR are (when properly developed*) made within an enabling public law. The federal agency or department publishing such regulations often have full power to enforce fines and other penalties for failing to follow their regulations. In the firearms world we routinely are faced with very serious regulations from TSA, BATF, Corps of Engineers, US Forestry Service, National Park Service, and others.
I added the when properly developed parenthetical because there are many (including well-educated lawyers) who have noted recent regulations under the last several administrations, Democratic and Republican, that have gone far beyond the enabling laws. One such example is the BATF bump-stock regulation redefining automatic weapons, but there are many others extant, also.
Absolutely, my only point is that from my experience TSA will work with you and has the ability to lower the penalties substantially or even waive them if the circumstances grant it without having to go to court or deal with lawyers.