When I am alone in the car, I carry my .40 caliber smoke-wagon on the seat, in plain view, and in a holster. I have been told by the po-lice at various check-points that I am in compliance with the law regarding a weapon in the car. If Lomax would have had the gun in plain view, maybe it wouldn't have been an issue.
I have a lot of friends that are cops, and I asked a few of them what they would have done in this situation. All of them told me they would have likely instructed Lomax where the gun should be placed in the car in order to avoid a charge. They also told me that they usually had bigger fish to fry rather than create MORE trouble and paperwork for an unloaded weapon. I also read that Lomax wasn't a jerk or anything, he was totally polite and cooperative. He told the police that he had a gun, that it was not loaded, and that it was under the seat of the car. My cop friends told me that his attitude also would have influenced their decision on whether to arrest him or not.