Gun Charges at Newark Airport
New Jersey Weapon Possession Lawyers for Newark Liberty International Airport Arrests
At The Tormey Law Firm, our highly skilled team of New Jersey weapons attorneys have represented numerous clients arrested for weapons in Newark Liberty International Airport and surrounding areas. The Newark Airport is actually situated in both Newark and Elizabeth, NJ. As a result, a gun or weapons charge at the airport may be adjudicated in either Essex County Superior Court or Union County Superior Court. The specific venue where your case will be heard and decided is contingent upon the specific location where you were arrested. Our lawyers have a thorough understanding of the nuances of New Jersey’s weapons laws and we use this depth of knowledge and experience to achieve the best possible results for our clients. If you are facing weapons charges that arose in Newark Liberty International Airport, call (201)-614-2474 today or contact us online for a free consultation. One of our experienced NJ gun lawyers will answer all of your questions and discuss potential defense strategies.
Carrying Weapons and Firearms in Newark Airport
The Transportation Security Administration (“TSA”) has strict rules and procedures regarding the transportation of firearms and ammunition in the United States. Among these regulations, TSA expressly instructs people to comply with state laws regarding the possession of firearms, as they inevitably differ from state to state. In New Jersey, it is unlawful for any person to possess or carry a firearm without first obtaining a permit to purchase and/or concealed handgun carry permit in this state. Out of state gun permits are considered invalid in New Jersey, meaning you cannot bring a licensed gun from another state into New Jersey without violating the law.
The Port Authority for New Jersey also has specific rules and regulations that govern Newark Airport and similar facilities in the state. According to Port Authority Rules and Regulations: “NO person shall carry any firearms, explosives, munitions, or pyrotechnics into the airport,” unless they have approval from the Port Authority Security ID Office, they are being escorted by police, or they are authorized to carry a weapon for animal control purposes at the Air Terminal or Airport Operations Area.
Of course, many people are entirely unaware of New Jersey weapons laws, TSA rules, and Port Authority regulations when they enter Newark Airport. This can land otherwise law-abiding citizens in serious legal trouble.
Here are the current statistics regarding individuals being arrested at Newark Liberty International Airport with firearms:
- 2025 (as of 3-24) – 6
- 2024 – 21
- 2023 – 20
- 2022 – 14
- 2021 – 12
- 2020 – 11
- 2019 – 11
- 2018 – 14
Here is a recent article about a Colts Neck man who unknowingly had his 9 mm handgun in his carryon and attempted to go through security at Newark Airport. He was arrested and charged with unlawful possession of a weapon, a 2nd degree crime punishable by 5-10 years in prison.
Newark International Airport Unlawful Possession of a Weapon Offense
If you are found in possession of a firearm or other weapon entering Newark Airport, attempting to clear security, boarding a plane, or while your vehicle is parked in a lot or garage in the vicinity, you may be charged with unlawful possession of a weapon in violation of NJSA 2C:39-5. The degree of the crime is determined by the type of weapon in your specific weapons possession case. For example, if the weapon is a firearm, this is a second degree crime in New Jersey. Second degree gun possession is punishable by up to 10 years in New Jersey State Prison. Notably, BB guns, airsoft guns, and pellet guns are considered firearms in New Jersey. However, unlawful possession of one of these items is considered a third degree crime with a maximum prison sentence of 5 years.
Possession of Prohibited Weapons and Devices at Newark Liberty Airport
You may have brought a weapon into the airport that you didn’t know was prohibited by the TSA or the state of New Jersey. In fact, New Jersey has an extensive list of items considered “Prohibited Weapons and Devices,” some of which include: destructive devices, sawed-off shotguns, silencers, defaced firearms, gravity knives, switchblade knives, daggers, dirks, stilettos, billy’s, blackjacks, metal knuckles, sandclubs, slingshots, cestus, ballistic knives, armor penetrating bullets, and stun guns. If you are in possession of any of these prohibited weapons in Newark Airport, you may be charged with a violation of N.J.S.A. 2C:39-3. Depending on the specific weapon or device in question, you may face between 18 months and 5 years of imprisonment.
It is important to note that criminal penalties for possessing a weapon in Newark or Elizabeth, New Jersey come in addition to a potential civil penalty from TSA of up to $10,000 if the offense occurs in Newark Airport.
NOTE: In 2024, the Tormey Law Firm is currently representing a number of clients who were arrested with weapons at Newark Airport. Two clients were arrested with handguns (one was in his carry on bag and didn’t realize and another woman was flying to NJ from Texas with her gun in her luggage and failed to declare it). In addition, we have another client who was arrested with brass knuckles when going through security and another client who was in possession of a stun gun. We are currently resolving all of these matters in Essex County Superior Court and Union County Superior Court and all of our clients will be receiving PTI or probation – there will not be any jail time served.
Elements to Prove a Weapons Offense at Newark Liberty International Airport
In order for the State to prove that the accused possessed a prohibited weapon or device at Newark Aiport they must show, beyond a reasonable doubt, that the defendant possessed something that is prohibited by federal or NJ law (gun, brass knuckes, stun gun, knife, mace, etc.), they had this weapon in their possession (actively or constructively), and they knew that they had it in their possession. As a result, some potential defenses could include the following: the item in their possession was not a weapon, they did not possess it (actively or constructively), or they didn’t know the weapon was in their possession.
NOTE: Here is a Newark airport gun case the Tormey Law Firm had successfully dismissed in early 2025 thanks to the Grand Jury deciding to “no bill” the case as the defendant was not “knowingly” in possession of his handgun.
Arrested with Gun at Newark Airport – Summons or Warrant
If you have been arrested with a gun at Newark airport, the police will issue these charged on a summons or a warrant complaint. This is a very important distinction. On a summons, you will be released after processing (fingerprinting, mugshot) and you will be given a date to appear in court. On the other hand, on a warrant complaint, you will be taken to the Essex County Jail where you will remain for 24-48 hours until you see a Judge for your initial bail review hearing. At that hearing, you may be released with certain reporting conditions (pre-trial release – must report in person, by phone, etc.) or the State may ask the Judge to hold you in jail while the case is going on. To do this, the State will file a detention motion. Then, you will remain in jail for approximately five (5) days until your detention hearing is held.
At the detention hearing, the State will argue that you are a flight risk based on the serious nature of the charges and that you are a danger to the community. Your defense attorney will argue for your release based on your ties to the community and your lack of prior criminal history (if applicable). Then, the Judge will make a decision. Either you will be released with reporting conditions or held during the pendency of your case.
Frequently Asked Questions (FAQ) Regarding Gun Charges at Newark NJ Airport
FAQ: How do I legally transport a firearm at Newark Airport? You must declare it and then legally store in properly in your bag. Guns and ammunition must be stored in a hard, locked container in a checked bag after being properly declared. The firearm must not be loaded.
FAQ: Am I eligible for the Pre-Trial Intervention (PTI) diversion program? Possibly. If you have no prior criminal history and you have never used a diversionary first time offender program before, you are in theory eligible for PTI. However, on a 2nd degree gun charge, you can’t apply for PTI unless the prosecutor consents. If the prosecutor consents, then you will be interviewed by probation for your PTI application. If you are allowed into PTI, the charges will be dismissed at the end of your case if you successfully complete the probationary period. Then, you are eligible to file for an expungement of the arrest six (6) months after you finish your PTI probation
FAQ: Am I going to jail? There is a presumption of jail time on a second degree felony with the minimum mandatory period being 5 years in prison. However, with the right skilled gun charge attorney on your case, you can potentially obtain a Graves waiver and get a probationary sentence or PTI.
Contact a Local Newark Airport Weapons Charges Defense Attorney Near Me For Answers
If you or a loved one has been arrested or detained at Newark Liberty International Airport for possession of a gun or weapon, contact the NJ weapons defense lawyers at The Tormey Law Firm for the answers you need. It is essential to defend yourself against these serious criminal charges in Newark or Elizabeth, NJ. Let us help you fight back. Our attorneys will do everything we can to help you avoid prison and get your weapons case dismissed. Contact us today at (201)-614-2474 to discuss your gun or weapons charges and begin devising your best defense.