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895 N.W.2d 655
Minn. Ct. App.
2017
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Background

  • On Dec. 19, 2015, Bryan Larson (valid pistol permit) carried a fully closed gun case containing an unloaded .40 cal pistol on a public sidewalk and entered a building with a basement gun range.
  • Police later found Larson in the basement with the pistol holstered on his belt; he was under the influence of alcohol.
  • Larson was charged with misdemeanor carrying a pistol while under the influence (Minn. Stat. § 624.7142, subd. 1(4)).
  • He moved to dismiss for lack of probable cause, arguing “carry” is ambiguous and does not include transporting an unloaded, cased pistol.
  • The district court denied dismissal; after a stipulated-facts trial it convicted Larson and sentenced him; Larson appealed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether “carry” in Minn. Stat. § 624.7142, subd. 1(4) includes transporting an unloaded pistol in a fully enclosed case in public while intoxicated Larson: “Carry” is ambiguous and should not include an unloaded, cased pistol; read consistently with § 624.7181 which excludes unloaded, cased long guns State: Plain meaning of “carry” includes conveying or having a pistol on one’s person, including when unloaded and encased; § 624.7181’s exclusions apply only to that section Court: “Carry” unambiguously includes transporting a pistol on one’s person, even if unloaded and fully encased; conviction affirmed

Key Cases Cited

  • State v. Ndikum, 815 N.W.2d 816 (Minn. 2012) (legislative history on Minnesota permit-to-carry regime)
  • Dupey v. State, 868 N.W.2d 36 (Minn. 2015) (statutory ambiguity and plain-meaning rule)
  • Occhino v. Grover, 640 N.W.2d 357 (Minn. App. 2002) (ordinary usage and full-act context inform plain meaning)
  • State v. Gradishar, 765 N.W.2d 901 (Minn. App. 2009) (definitions in § 624.7181 apply only to that section)
  • State v. Expose, 872 N.W.2d 252 (Minn. 2015) (court will not read exceptions into statutes the legislature declined to add)
Read the full case

Case Details

Case Name: State v. Larson
Court Name: Court of Appeals of Minnesota
Date Published: Apr 24, 2017
Citations: 895 N.W.2d 655; 2017 Minn. App. LEXIS 55; 2017 WL 1436088; A16-1538
Docket Number: A16-1538
Court Abbreviation: Minn. Ct. App.
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    State v. Larson, 895 N.W.2d 655