Pennsylvania's Sheriffs on Board With Renewed Effort to Stop Guns at Airport Checkpoints With Possible Loss of Carry Permits

Oct. 1—Airline passengers who enter a security checkpoint with a gun in their carry-on luggage are being put on notice — again — by federal authorities and county sheriffs.

For the second time in two years, authorities said they will seek to revoke permits to carry a firearm.

"It is simple: Responsible gun owners have an obligation to ensure that their carry- on luggage does not contain a firearm," said Eric G. Olshan, U.S. Attorney for the Western District of Pennsylvania.

The move renews a commitment the local U.S. Attorney's office made in October 2021 but that never materialized.

County sheriffs, the authority charged with issuing concealed-carry permits in Pennsylvania, said they were never asked to review permits for anyone caught with a gun at an airport checkpoint.

Either because of turnover in the local U.S. Attorney's office or the complexities of coordinating with federal, state and county officials, no system for tracking and reporting gun owners caught at checkpoints with firearms was implemented.

Officials say that's about to change.

Feds, sheriffs team up

The wave of guns found each year by Transportation Security Administration agents at checkpoints persists.

On Sept. 26, TSA screeners at Pittsburgh International Airport stopped a Bradford County woman with a loaded .38-caliber handgun in her backpack. That was the second gun discovered in three days by TSA agents at the airport.

To date, 32 guns have been confiscated at Pittsburgh International this year — matching the number for all of 2021. Twenty-six guns were detected last year.

Most of the guns were loaded, according to authorities. Of the about 6,500 guns seized at U.S. airports last year, 88% were loaded, according to the TSA.

The U.S. Attorney's office in Pittsburgh declined to say how many passengers caught with guns at security checkpoints had their concealed carry permits revoked since the office's October 2021 announcement of an intended permit crackdown.

But in an email to the Tribune-Review, Olshan said his office was "renewing our efforts to notify Pennsylvania sheriffs when a resident of their county is caught with a firearm at a security checkpoint."

He said his office "will work closely with the sheriffs and all members of law enforcement to address this important security concern through increased education and awareness as well as via referrals for possible revocation" of concealed carry permits.

A spokeswoman for Olshan said their office will notify sheriffs when someone is caught with a gun at an airport checkpoint in the Western District, which covers 25 counties.

John Zechman, president of the Pennsylvania Sheriffs' Association, said he supported the move and added that the crackdown would be a statewide effort.

"Firearms at security checkpoints pose a serious security risk to the public and to TSA officers," he said. "As a result of the collaboration between the Pennsylvania Sheriffs' Association and the U.S. Attorney's offices, county sheriffs in all 67 counties have agreed to provide permit holders with information about safe firearm transport and to review referrals from federal authorities for possible revocation of the offender's concealed carry permit."

Ongoing problem

Travelers face a fine of up to $15,000 for being caught with a gun at a security checkpoint. But in 2021, after the 27th gun was confiscated at Pittsburgh International, including five in a span of six days, the new tactic of revoking carry permits was announced.

During an October 2021 news conference at the airport, then-acting U.S. Attorney for the Western District of Pennsylvania Stephen R. Kaufman cited delays caused for all passengers at already-crowded departure gates and, more importantly, the threat to passenger and crew safety if a gun makes it onto a flight.

Still, by the end of 2021, five more guns had been confiscated.

Pittsburgh International Airport Security Director Karen Keys-Turner characterized the number of people showing up at the checkpoints with guns as an epidemic.

Her assessment hasn't changed in the nearly two years since that announcement was made.

"We are seeing way too many travelers bringing their guns to our security checkpoints," Keys-Turner said. "It's as if there is a gun epidemic. Yet there is absolutely no excuse for bringing a firearm to one of our checkpoints in carry-on luggage. Responsible gun owners know this."

Officials said two years ago the Allegheny County Sheriff's Office was on board with the plan to revoke the permits of negligent passengers.

But after the original announcement was made, no directives were issued for how the process would be handled, according to the TSA and Allegheny County Police, the law enforcement agencies responsible for security at the airport.

The state law that gives sheriffs the authority to issue or revoke concealed carry permits does not mention being caught at an airport checkpoint with a firearm among the reasons for revoking a permit.

But the law does give sheriffs the right to revoke a license "for good cause." It requires the sheriff to investigate "whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety."

Westmoreland County Sheriff James Albert said gun owners need to know better than to show up at an airport with a gun in a carry-on bag.

"Every time somebody gets stopped with a gun at the airport, it's all over the news," he said. "I really find it hard to believe that people don't know they can't be doing that. But the problem just seems to be getting worse.

"So, I agree that we should review those permits to see if they should be revoked. I have no problem at all doing that."

This year, one gun was detected at Arnold Palmer Airport in Unity, according to the TSA.

Albert said his office handles about 15,000 new and renewal applications for concealed carry permits each year.

"Anytime one of our local police departments notifies us about someone they think shouldn't have a permit to carry a gun, we review their permit," he said. "The main thing we look at is whether the person has committed some sort of violent act."

Changing of the guards

Olshan's commitment to get tough on forgetful gun owners comes after a series of changes in leadership in that office. That could have contributed to the original plan never getting off the ground, his office acknowledged.

On Nov. 23, 2021, less than two months after announcing the planned crackdown, Kaufman was replaced by Cindy K. Chung as the acting U.S. Attorney for the district.

Chung served for 13 months before resigning Feb. 17 to become the first Asian-American judge to serve on the U.S. Court of Appeals for the Third Circuit.

She was succeeded as acting U.S. Attorney by Troy Rivetti on Feb. 17. Rivetti served until Olshan's appointment in June.

In 2021, then-Allegheny County Sheriff Bill Mullen agreed to Kaufman's request to consider revoking concealed carry permits of people caught at an airport checkpoint.

Kevin Kraus, Mullen's chief deputy, was elected sheriff in November and took office after Mullen retired in January.

"I share the concern of the potential public safety issue created by guns in carry-on bags at the airport," he said. "I agree with this latest effort by the Pennsylvania Sheriff's Association to educate the public about the proper way to travel by plane with a firearm."

Kraus said he would review a concealed-carry permit issued by his office if asked by a law enforcement agency but added the permit would not be revoked unless criminal charges had been filed against the person or they had violated the state law governing concealed carry permits.

Showing up at an airport checkpoint with a gun is a civil matter, not a criminal offense, unless certain circumstances are met. Those can include not being licensed to carry a concealed weapon, not being eligible to possess a gun or clear evidence the person intended to smuggle the gun onto a plane.

In Pennsylvania, the sheriff's office uses the state police instant background check system to learn whether an applicant for a concealed carry permit has an arrest record or was involuntarily committed to a mental institution, which can disqualify them from possessing a firearm. It is the same system used when someone buys a gun in Pennsylvania.

Airport security checkpoints are staffed by the TSA, a federal agency. But TSA spokeswoman Lisa Farbstein said the agency was never asked by the local U.S. Attorney's office to get involved in notifying sheriffs when someone is caught with a gun at the airport.

The TSA compiles a report that is sent to the agency's headquarters in Washington, D.C., so a compliance officer can determine whether a fine should be issued and, if so, for what amount.

A federal criminal investigation is only triggered if TSA or local law enforcement determine the passenger intentionally tried to bring a gun or other weapon onto the airplane, Farbstein said.

At Pittsburgh International, guns or other weapons found by TSA are turned over to Allegheny County Police officers stationed at the checkpoint, she said. An officer then tries to determine whether criminal charges are warranted, said county police Inspector Kenneth Ruckel, who oversees officers at the airport.

He said the county has a longstanding policy of asking sheriff's departments to revoke concealed carry permits for people who are charged with a crime when they are caught with a gun at the airport checkpoint. But he said no request was ever received from the U.S. Attorney's office to extend that practice to include noncriminal citations.

When a gun is confiscated, police check the serial number through a national database to determine if has been reported stolen, Ruckel said. An officer also checks whether the passenger has a permit to carry a concealed weapon.

Possession of a stolen weapon and carrying a gun without a license are felony charges, he said.

"If we find out the gun is stolen or you don't have a permit, you will be arrested immediately and taken into custody," Ruckel said.

If the gun is not stolen and the passenger has a permit to carry it, they will be questioned by the officer about how it got in their bag. Guns eventually will be placed into county evidence, Ruckel said.

The gun owner has the right to file a petition with the courts to get the gun back. If it's not claimed, it is disposed of, along with other weapons confiscated by police, Ruckel said.

Ruckel said in every case involving a gun found at a checkpoint, the passenger said he or she innocently forgot it was in their bag or the bag was packed by a family member or another person.

"If they tell us it was a mistake and we find no evidence that they brought the gun to the gate on purpose, they are released by the officer," he said.

Now, though, those passengers may face a county review of the carry permit and its possible revocation.

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