In Indiana, statistics on Licenses to Carry Handguns and a hunting culture firmly establishes firearms as a cultural norm. This blog post focuses narrowly on the ways responsible gun owners run afoul of the law and often commit criminal acts while traveling with or carrying guns into other states. It is hoped this will provide awareness for readers to avoid such legal entanglements.
The most common issue is with reciprocal carry. Generally, this is where one state recognizes another state’s license to carry a handgun. However, like a driver’s license, the licensee must follow the laws of the state he or she is carrying a handgun in, not the state (Indiana) that issued his or her licenses. Reciprocity lists change over time, meaning a state many not longer honor an Indiana License (Indiana recognizes all states). Failure to understand these concepts may result in arrest and confiscation of your handgun in another reciprocal state and revocation of your Indiana license. Further, a License generally is recognized for handguns lawful in the foreign state, not long guns for hunting.
A related concept but that is elusive to many in the firearms community is there is a separate right to transport firearms—in an unloaded condition—in a vehicle in traveling from one state where the firearms is permissible to another state where it is lawful, even if the traveler has to cross a state where a particular firearm is illegal, such as the AR-15 variants. However, the firearms must be unloaded and generally outside the passenger compartment and the ammunition stored the same way but separately. Failure to follow this may result in arrest and confiscation of the firearms and—by violation of this law—even though not related to a handgun, result in revocation of your License.
With handguns and long guns it is easy for the gun owner using firearms in another state to run afoul of the law where there is not state-based pre-emption. This is just a handful of states, but in these states the gun laws may change from county to county or local government to local government branches. The outcome is the same, arrest, confiscation and revocation of an Indiana License.
Finally, a fair number of people at each major airport each week attempt to pass through TSA security checkpoint with a firearm, usually a handgun he or she forgot about carrying. This results in arrest, confiscation of the weapon, license suspension and likely revocation as well as a substantial TSA fine.
Ciyou & Dixon, P.C. attorneys handles firearms cases of all types in Indiana and consult through the United States from defense theories, expert witnesses, to addressing issues with FFLs and SOTs. This blog is written for general educational purposes only and is not a solicitation for representation nor legal advice. It is a form of advertising.