Pulled Over While Carrying in Minnesota: What to Say, What to Show, Where to Keep Your Hands

By Chris Marquette · · 4 min read

Most people who carry will never draw their gun anywhere but the range. A lot of them will get pulled over with it, though. A taillight out, a few over on 14, a swerve around a deer at night. That’s the encounter worth thinking through ahead of time, because it’s the one you’re actually likely to have.

Start with the law. Minnesota doesn’t make you announce that you’re carrying the second an officer walks up. What it does require is in Minn. Stat. 624.714, subdivision 1b: “The holder of a permit to carry must have the permit card and a driver’s license, state identification card, or other government-issued photo identification in immediate possession at all times when carrying a pistol and must display the permit card and identification document upon lawful demand by a peace officer, as defined in section 626.84, subdivision 1.” Leaving the card at home is a petty misdemeanor with a first-offense fine of no more than $25, and the citation gets dismissed if you show you were authorized to carry at the time.

The same subdivision has a line a lot of permit holders miss: “Upon the request of a peace officer, a permit holder shall disclose to the officer whether or not the permit holder is currently carrying a firearm.” So you don’t have to bring it up, but if the officer asks, you answer, and you answer truthfully.

I still tell them up front, and a lot of instructors teach it that way. The officer at your window doesn’t know you. If they find the gun on their own because your shirt rode up when you reached for your wallet, the stop gets tense fast. If you’ve already told them calmly where it is, they know, and you’re the one who brought it up. That usually makes for a short, boring stop.

A police SUV with blue and red emergency lights flashing, stopped behind a white sedan pulled over on a street at night
“Unmarked Police Vehicle Traffic Stop” by Battlesnake1, CC0, via Wikimedia Commons

So pull over somewhere safe and roll down the window. At night, turn on the dome light. Put both hands on the wheel and leave them there. Don’t go digging for your license and registration while the officer is walking up. Your wallet might be on the same side as your gun, and from behind the car that reach can look like anything.

When they get to the window, say one calm sentence: “Officer, I have a permit to carry, and my pistol is on my right hip. How do you want to handle this?” Then do what they tell you. Before you reach for anything, say where it is. “My wallet’s in my left back pocket. I’m going to get it now.” Wait for the OK.

If the officer wants to hold the gun for the rest of the stop, let them. They rarely ask to control the weapon because it creates liability, but if they do, fighting them on this is not something you want to do on the side of the road. Don’t pull it out and hand it over on your own, and don’t touch it at all unless they tell you to.

Where the gun sits in the car matters more than people think. The best place is on you, in a holster. If it’s not on you, keep it secured, like in a mounted holster or a locked box. Not loose on the seat, not sliding around the console, and not in the glovebox on top of your registration and insurance card.

Without a permit, it’s a different story. Under 624.714, subdivision 1a, carrying or possessing a pistol in a motor vehicle without a permit is a gross misdemeanor, and a second conviction is a felony. Subdivision 9 lets someone without a permit “transport a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded, contained in a closed and fastened case, gunbox, or securely tied package.” Minn. Stat. 97B.045, subdivision 1, covers every firearm in a vehicle: “A person may not transport a firearm in a motor vehicle unless the firearm is: (1) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed; (2) unloaded and in the closed trunk of a motor vehicle; or (3) a handgun carried in compliance with sections 624.714 and 624.715.” For a pistol without a permit, the safe answer is unloaded and in a closed, fastened gun case.

That third clause is what lets a permit holder carry a loaded handgun in the car. It only says handgun, though. Your permit doesn’t cover a loaded rifle or shotgun. 97B.045 has separate exceptions for disabled hunters with a permit, hunting, and shooting ranges, each with limits.

Last thing: drinking. Minn. Stat. 624.7142 applies to anyone carrying a pistol in public, permit or not. You can’t carry “when the person is under the influence of alcohol,” “when the person’s alcohol concentration is 0.10 or more,” or “when the person’s alcohol concentration is less than 0.10, but more than 0.04.” It’s not just a number. Under the influence at any level counts. The section also covers controlled substances, intoxicating substances, cannabis and hemp products, and combinations of them. Over 0.04 but under 0.10 is a misdemeanor and a 180-day suspension. Under the influence, or 0.10 and up, means your permit is revoked, and you can’t reapply for a year from conviction. If you’ve been drinking, leave the gun at home.

We cover all of this in class, including traffic stops. I’m an instructor, not your lawyer, so read the statutes yourself too.

Our Permit to Carry class is $80 with no hidden fees, range fees included. It meets Minnesota’s training requirement, and you don’t need any experience. Classes run in Dodge Center, Kenyon, New Richland, and Winona. Dates are on the class schedule. For a private class for your group, text me at 507-533-5774 or email chris@mnselfdefense.com.