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Whether or not you object to the constitutional right to bear arms, an adult is allowed to purchase and keep firearms in the United States. Well, most adults, that is. However, each state has specific laws about what kind of guns you can have and how you can transport them. As such, when a police officer pulls you over, they might be quite interested in that gun in the car. So, what happens if the police find a gun in your car during a search?

It could be nothing should police find a gun in the car during a search of your vehicle– or it could be a big deal

In short, the outcome of a police officer finding a gun in your car during a search could vary wildly. It’s your prerogative to transport your legally owned firearm. That is, as long as you adhere to state, local, and federal laws while doing so. Depending on the state you live in, you may be well within your rights to have a firearm in a gun safe or in your trunk while you drive. 

If the gun in the car meets state and local laws, police likely won’t confiscate it. That, and they likely won’t arrest you. At least, not for the firearm. However, if you’re breaking the law by having the gun, you could end up with a felony charge. For instance, if you’re already a felon and you have a firearm in your vehicle, you could incur a Class D felony charge. Again, that depends on your state of residence.

That said, if a police officer pulls you over for a routine traffic stop, you may be required to inform them that you have a gun in the car. For example, Texas motorists are bound by a “duty to inform” law. Consequently, they must disclose the presence of a firearm to police officers during a stop, per World Population Review.

Now, there are specific circumstances in which most law enforcement officers (LEOs) initiate a vehicle search. Incidentally, they can search your vehicle with consent or if they have a warrant. Moreover, law enforcement will likely search your vehicle if they arrest you. However, (and gratefully so) an LEO can’t search your car without a legally-sound reason.

For a better understanding of your rights during a traffic stop, read more on the American Civil Liberties Union (ACLU) website.

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Staff Writer

Erik Sherman

Erik Sherman joined the MotorBiscuit team as an Autos Writer in 2022. An admitted petrolhead and an avid motorcyclist, Erik has owned everything from classic cars to motorcycles to modern driver’s cars. Erik also has extensive experience with military and emergency vehicles, ranging from ambulances and fire engines to MRAPs and M-ATVs. Erik is an eager car and motorcycle reviewer with experience covering everything from sports cars to pontoon boats and jet skis.

Erik holds a Bachelor’s Degree in International Relations (IRG) from the University of Texas at Austin and has studied Chinese, Energy, and European Politics at the University of Glasgow in Scotland. Erik’s background is unorthodox; he is a United States Marine Corps (USMC) combat veteran, water survival practitioner, and a former firefighter/EMT. Additionally, Erik is a regular volunteer and former instructor with the American Red Cross (ARC).