Interior of Vehicle Considered a Public Place
Recently, the Minnesota Supreme Court determined the interior of a vehicle on a public roadway is a “public place” in State v. Bee. In this case, the Ramsey County Sheriff’s Office located a BB gun under the driver’s seat after a traffic stop and search of a vehicle. The defendant was later charged with carrying a BB gun, rifle, or shotgun in a public place without a permit under Minnesota Statutes section 624.7181, subd. 2. Bee’s defense attorney filed a motion to dismiss the charge for lack of probable cause and argued the interior of the vehicle was not a public place. The district court agreed, but the Minnesota Court of Appeals did not. Now, the Minnesota Supreme Court agreed with the court of appeals.
As with many statutory interpretation analyses, the Minnesota Supreme Court first analyzed whether the term “public place” is ambiguous. Here, the appellate court determined “public place” unambiguously includes the interior of a motor vehicle on a public roadway. The high court reasoned that Minnesota Statutes only allow people to transport firearms in a motor vehicle under certain conditions, including in a gun case, unloaded and in the closed trunk of the vehicle, or with a valid permit. The absence of an exception to fit Bee’s fact pattern indicates it is unlawful. Next, the appellate court reviewed the definition of “public place” itself. It reviewed places that are not public, such as a person’s house, place of business, and land. Here, it reasoned the relevant “place” Bee was traveling was on a public roadway not the vehicle. The supreme court placed heightened emphasis on geographic rather than spatial location in affirming the court of appeals.
This is not the first time the Minnesota Supreme Court has reviewed “public place” in relation to driving on a public road. In State v. Serbus, the court determined a driver of a motor vehicle on a public highway is considered in a public place for carrying a pistol under the influence of alcohol. Rightfully, or wrongfully, Minnesota courts end up catching people under this technical definition of public place more often for conduct they did not intend. When someone gets a DWI and happens to have a firearm in their vehicle, the primary conduct at issue was the DWI, not the so-called carrying under the influence. It is no different here, a BB gun under the driver’s seat is technically a gross misdemeanor offense now because it was in a “public place”. Unfortunately, reasonable minds can often forget what is actually reasonable under the circumstances.
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Robert H. Ambrose is a criminal defense lawyer and DWI lawyer in the Twin Cities and the state of Wisconsin. Super Lawyers named him a Super Lawyer for the past four years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. DWI Attorney Woodbury MN; Criminal Defense Attorney Wisconsin; and Criminal Appeals Attorney Minnesota.