Defense lawyer: Ruling on NY gun permits does not mean Indiana permits will work there
INDIANAPOLIS (WISH) — A defense attorney who handles firearm cases said Thursday a new Supreme Court ruling does not affect reciprocity among states.
Benjamin Jaffe, an Indianapolis defense lawyer who handles firearm and self-defense cases, told News 8 the court’s ruling does not change the rules for Indiana gun owners who travel to the state of New York.
According to the U.S. Concealed Carry Association, 31 states honor Indiana’s concealed carry permits. New York is not among them, nor is Illinois.
In New York, Jaffe said you can still be charged with a crime for possessing a handgun without a license, even if you have your Indiana permit with you.
He said this could lead to a misdemeanor or felony conviction, which could in turn lead to a loss of your permit and possibly even your ability to own a gun.
“Even in Indiana, if you have a prior conviction for carrying a handgun without a license, even as a misdemeanor, you are not going to be able to get a license here often times,” he said. “Not saying you can’t, but it’s going to cause you problems.”
The U.S. Supreme Court on Thursday ruled New York’s system of issuing concealed-carry permits, which required applicants to demonstrate “proper cause” and left interpretation of that requirement up to local officials, violates the Second Amendment. Justice Brett Kavanaugh, who sided with the court’s five other conservative justices in the ruling, wrote in a concurring opinion the court’s decision affects only licensing system’s such as New York’s. Such states are often called may-issue states.
“Going forward, therefore, the States that employ objective shall-issue licensing regimes for carrying handguns for self-defense may continue to do so,” Kavanaugh wrote. “Likewise, the States including New York potentially affected by today’s decision may continue to require licenses for carrying handguns for self-defense, so long as those States employ objective licensing requirements like those used by the shall issue States.”
Indiana is among the majority of states known as shall-issue states, meaning anyone who applies for a concealed carry permit will receive one as long as they meet a uniform set of criteria. The requirements can differ among states. For example, North Carolina and Missouri require applicants to take a training course while Indiana does not.
Jaffe said you should check gun laws any time you travel to or through another state. Besides permit reciprocity, he said gun owners can face other legal pitfalls such as whether they are required to inform police they are armed during a traffic stop.