Have you ever wondered just how much trouble you would be in if, for example, you forgot that your Zippo lighter was still in your pocket when you tried to go through the security checkpoint at an airport? Well, a quick review of the TSA’s Enforcement Sanction Guidance Policy indicates that you could be facing a fine of $250.00 to $1,500.00. A firearm, depending upon whether or not it is loaded, could net you a fine anywhere from $1,500.00 to $7,500.00 plus a referral for criminal prosecution. Of course, where you end up in these ranges will depend upon the circumstances of the violation and whether any of the aggravating or mitigating factors identified in the Policy are present.
In addition to sanctions for individual violations, the Policy also includes sanction guidance for security violations by aircraft operators, airport operators and by “indirect air carriers” such as cargo operators. The Policy provides ranges of fines, which opens the door for discretion in the actual amount that is assessed against a violator. This discretion presumably takes into account any aggravating or mitigating factors. Enforcement of a violation for which a fine is the penalty proceeds as a civil penalty action pursuant to a Notice of Proposed Civil Penalty.
So, if you want to assess your liability exposure (both civil and criminal), in addition to the delay and embarrassment associated with being caught, you can review the Enforcement Sanction Guidance Policy to get an approximate idea of just how much hot water you would be in for a particular type of violation. Not something I would recommend. But it makes for interesting reading.
