What’s the law in Minnesota about carrying a pistol in a motor vehicle while under the influence of alcohol or a controlled substance? If you have a permit to carry and the pistol is located on or about your person or clothing, it’s a misdemeanor for a first time offense. A second or subsequent offense is a gross misdemeanor. The police are authorized to request a preliminary breath test in order to determine whether or not to arrest you for a violation of the statute.
What happens if the pistol is located in the glove compartment of a motor vehicle and not on or about your person or clothing? The Minnesota Court of Appeals held in State v. Prigge that there must be a “physical nexus” between the pistol and the person or the person’s clothes in order to constitute a violation of the statute. When the pistol is located in the glove compartment or center console, there is no physical nexus and the charge must be dismissed. If you have a permit to carry a pistol and are under the influence of alcohol or a controlled substance, place the pistol in the glove compartment, center console or trunk before driving. It’s The Best Defense.
If you have been charged with carrying a pistol in a motor vehicle while under the influence, please give me a call at (612) 339-1024 for a free phone consultation.