Penal Code § 171.5 PC – Weapons at California Airports

Penal Code § 171.5(b) PC makes it a crime to have possession of certain weapons (including guns, box cutters, and grenades) within any sterile area of a California airport. A conviction is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00.

Some of these prohibited weapons include:

• firearms,
• box cutters, and
• taser or stun guns.

The language of the code section states that:

“(b) It is unlawful for any person to knowingly possess, within any sterile area of an airport or a passenger vessel terminal, any of the items listed in subdivision (c).

(c) The following items are unlawful to possess as provided in subdivision (b):

(1) Any firearm.

(2) Any knife with a blade length in excess of four inches, the blade of which is fixed, or is capable of being fixed, in an unguarded position by the use of one or two hands.

(3) Any box cutter or straight razor.

(4) Any metal military practice hand grenade.

(5) Any metal replica hand grenade.

(6) Any plastic replica hand grenade…”

A sterile area of an airport begins at the area where people submit to screening at the security checkpoint operated by the Transportation Security Agency (TSA).

Examples of illegal acts under this code section include:

• Marico tries to bring a concealed 9mm handgun past a security checkpoint.
• Jack sneaks a taser gun into the sterile area of an airport under an overcoat.
• Juan carries a replica hand grenade into a TSA checkpoint as a joke.

Defenses

Luckily, there are several legal defenses that a person can raise if accused of a crime under Penal Code 171.5b. These include showing that the defendant:

• did not know he had a prohibited weapon,
• acted under duress, and/or
• was arrested without probable cause.

Penalties

A violation of PC 171.5 is charged as a misdemeanor in California (as opposed to a felony or an infraction).

The crime is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation).

Our California criminal defense attorneys will address the following in this article:

• 1. What is prohibited under California Penal Code 171.5 PC?
• 2. Are there legal defenses to PC 171.5 accusations?
  • 2.1. No knowledge
  • 2.2. Duress
  • 2.3. No probable cause
• 3. What are the penalties?
• 4. Related offenses
  • 4.1. Possession of weapons at California public transit facilities – PC 171.7
  • 4.2. Weapons in public buildings and at meetings – PC 171b
  • 4.3. Firearms in the Governor’s mansion – PC 171d

1. What is prohibited under California Penal Code 171.5 PC?

Penal Code 171.5 PC is the California statute that makes it a crime for a person to knowingly possess certain weapons within any “sterile area” of a California airport.¹

Some of these weapons, not already mentioned, include:

• imitation firearms,
• tear gas weapons, and
• any frame, receiver, barrel, or magazine of a firearm.²

A “sterile area” of an airport begins at the area where people submit to screening at the security checkpoint operated by the TSA.

Please note that possessing weapons within a sterile area of a California airport is also a federal crime that can be charged under federal law.³

2. Are there legal defenses to PC 171.5 accusations?

If a person is accused of a crime under this statute, then he can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

Three common defenses to PC 171.5 accusations are:

1. no knowledge,
2. duress, and/or
3. no probable cause.

2.1. No knowledge

The language within Penal Code 171.5 states that an accused is only guilty if he knowingly possessed a prohibited weapon at an airport. Therefore, it is always a perfect legal defense for a defendant to show that while he may have taken a prohibited weapon into an airport, he did not know it. For example, maybe another person put a weapon into his bag without his knowledge.

2.2. Duress

Duress is a legal defense in which an accused basically says: “He made me do it.” The defense applies to the very limited situation in which a person commits a crime (here, possessing a weapon in an airport), because somebody threatened to kill him if the crime was not committed.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest a suspect of a crime.

If a person was stopped or arrested for violating PC 171.5, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

3. What are the penalties?

A violation of PC 171.5 is charged as a misdemeanor in California.⁴

The crime is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.⁵

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation).

4. Related Offenses

There are three crimes related to possessing a weapon in an airport. These are:

1. possession of weapons at California public transit facilities – PC 171.7,
2. weapons in public buildings and at meetings – PC 171b, and
3. firearms in the Governor’s mansion – PC 171d.

4.1. Possession of weapons at California public transit facilities – PC 171.7

Penal Code 171.7 PC is the California statute that makes it a crime for a person to knowingly possess certain weapons within any sterile area of a public transit facility.⁶

Some of these weapons include:

• firearms,
• imitation firearms,
• BB guns,
• replica hand grenades, and
• tear gas weapons.⁷

A “sterile area” of a public transit facility means any part of a facility that is controlled in a manner consistent with the facility’s security plan.⁸

A violation of PC 171.7 is charged as a misdemeanor in California.⁹

The crime is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.¹⁰

4.2. Weapons in public buildings and at meetings – PC 171b

Penal Code 171b PC is the California statute that makes it a crime for a person to bring or possess certain “weapons” into public buildings and meetings open to the public.

A violation of Penal Code 171b is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.¹¹

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.

If charged as a felony, the offense is punishable by imprisonment for:

• 16 months,
• two years, or
• three years.

4.3. Firearm in the Governor’s mansion – PC 171d

Penal Code 171d PC makes it a wobbler offense to bring or possess a loaded firearm within or on the grounds of:

• the Governor’s Mansion or any other residence of the Governor,
• the residence of any other constitutional officer, or
• the residence of any Member of the Legislature.

A violation of PC 171d is punishable:

• as a misdemeanor, by up to one year in county jail, and/or up to a $1,000 fine, or
• as a felony, by 16 months, or two or three years in county jail.

For additional help…

If you or someone you know has been accused of a crime under Penal Code 171.5(b) PC, we invite you to contact us for a free consultation.

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Legal References:

1. California Penal Code 171.5 PC.
2. See same.
3. See 49 C.F.R. 1540.5 (2015).
4. California Penal Code 171.5e PC.
5. See same.
6. California Penal Code 171.7 PC.
7. See same.
8. See same.
9. See same.
10. See same.
11. California Penal Code 171ba PC.