The Minnesota Court of Appeals ruled earlier today that a person’s vehicle is considered a public place in regards to the state’s permit-to-carry law.
The ruling centered around the case of Kyaw Be Bee, who was pulled over near Larpenteur Avenue and Interstate 35E in May of 2022 on suspicion of stealing a catalytic converter. Bee was not charged with theft, but a search of the vehicle found a BB gun under Bee’s seat. He was charged with carrying a gun in public without a permit, as state law puts BB guns in the same class as shotguns and rifles.
Permit To Carry Gun In Public
In August, Ramsey County Judge Leonardo Castro dismissed the case for lack of probable cause, on the belief that Bee’s gun was found in a private vehicle, and therefore he was not in violation of carrying a firearm in a public location without a valid permit. The St. Paul city Attorney’s Office challenged Castro’s dismissal at the Minnesota Court of Appeals, and the court agreed with the prosecution. Citing a 2021 Minnesota Supreme Court case involving a drunk driver with a pistol in his vehicle, Appellate Court Judge Matthew Johnson ruled that Bee was carrying his gun in public despite being in a private vehicle because he was on a public road.
The appellate court ruling is precedential, meaning the ruling and its reasoning will apply to all future cases. Bee’s case will also be referred back to Ramsey County Court to be heard.
Under Minnesota law, a person with a permit to carry can have a loaded handgun in their vehicle, but Bee did not have such a permit. He faces a gross misdemeanor charge for his actions, which carries a potential penalty of up to a year in jail and fines up to $3,000.
Simply put, if you are going to take your firearm onto public property, even if it is stored securely, you need to have the proper permits to do so. Make sure you understand the law and adhere to all regulations when transporting firearms, because you can face significant penalties even if you accidentally violate the law. We’re here to help you in any way we can, but we hope that you’ll avoid trouble and get all the necessary permits in order to handle and transport your firearms.
For more information about gun regulations in Minnesota, or for help with a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
