Many law enforcement friends have told me that police officers sometimes show a lack of understanding of the law, especially when it comes to transporting a firearm. As one sergeant friend says, “Ask five cops what the rules are for storing a gun in a vehicle, and you’ll get five different answers!” For those who carry, it sometimes gets even more complicated.
A perfect example is an incident relayed to me by a fellow instructor who lives in Minnesota. One of his students was pulled over in his car late one evening while lawfully carrying. He followed all of the proper protocols for a traffic stop, keeping both hands on the steering wheel and making sure that the car’s dome light was on.
The law in Minnesota (as in other states) only requires informing a law enforcement officer that you are armed if they ask. But, like many people, the driver voluntarily told the deputy that he had a permit to carry and that he was armed. Others elect to say nothing unless the subject comes up; that’s your call. After being informed, the officer asked where the pistol was and the driver said that it was by his right hip, in the console of the car.
The county sheriff’s deputy claimed that this was “not a legal way to have a pistol in a vehicle.” The deputy stated that it “had to be in your waistband or some other type of holster on your person.” According to attorneys familiar with Minnesota state law, there is nothing that prohibits a lawful permit holder from having a firearm in the console, nor does it even mention “holsters” or any other specific method for carrying a handgun.
The deputy then inexplicably cited some unspecified Department of Natural Resources statute. The driver said that he “couldn’t follow [the deputy’s] rambling conversation” but essentially it seemed like it had “something to do with having a hunting firearm loaded in the car” which of course was not the case — it was a defensive handgun, and hunting wasn’t even involved.
I should point out that the man’s teenage daughter and one of her friends were also in the vehicle, sitting in the backseat. This may have been where the problem began. The deputy may have been thinking of the rules which govern the transportation of a firearm by someone who is not legally permitted to carry, which prohibit storing a gun that is loaded and can be “easily accessed” by anyone in the vehicle. This could easily be interpreted to apply to passengers as well, even if the driver was legally permitted to carry.
The driver explained that he was reasonably sure that having a firearm in the console was permitted for a permit holder. After some discussion, the deputy did send the driver on his way without any citation (although he did include a “warning” about proper storage — unnecessary, but no harm, no foul).
As always, it pays to understand clearly your state’s laws on transporting a firearm, especially any differences between the rules for those who legally carry and those who don’t. Keeping a photocopy of relevant statutes in your car doesn’t hurt either.
But no matter how carefully you follow the law, you could find yourself in a situation like the one above. If so, know your rights, and by all means assert them, but be calm, polite and respectful when you do.
