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