NY Court: A Gun Permit Doesn’t Equal Reasonable Cause
By Tom Knighton
If you’re a concealed carrier from a pro-gun state, the idea of traveling to an anti-gun state like New York or New Jersey can be concerning. For many, it’s just easier to leave the gun at home than to try to navigate the Byzantine and draconian gun laws these states have on the books.
If you move, things are different and probably fairly confusing.
But does the presence of a gun permit in your wallet qualify as probable cause for a search? After all, if you’re from another state and have a gun permit, you’re someone who carries a gun regularly, right? If you are, you’re probably breaking the law, so it’s probable cause. Right?
A New York court says that it’s not.
An out of state concealed carry permit does not establish sufficient cause to warrant a car search for firearms, a New York judge’s Decision and Order decided Wednesday. Further, the opinion concludes the sworn testimony of the officers involved is not borne out by police video camera and microphone evidence, and a recording from a defendant’s cell phone.
“The Court does not find that the search of the Defendant’s car was justified in any manner and …Read the Rest
Source:: Bearing Arms