Laws obviously vary from state to state, creating the need to ensure that a gun is transported in a vehicle in a manner which is legal. Having that weapon in a personal vehicle does not, however, constitute public possession — until now.
The case involved a BB gun. Kyaw Be Bee was arrested on suspicion of stealing catalytic converters, and during the investigation deputies discovered the BB gun under his driver’s seat.
Minnesota law lumps BB guns with rifles, shotguns and pistols as far as prohibiting their carry in public. To legally transport such a weapon in a vehicle, in most cases it must be unloaded and stored in a gun case.
The district court dismissed the charge at first on the grounds that having the BB gun in the car was not the same as possessing it in “public.”
But Minnesota authorities appealed and drew a favorable ruling from their perspective that having a weapon in a car may constitute possessing it in “public.”
The Court of Appeals relied on an earlier decision in State v. Serbus. Like the Bee incident, the person charged in the previous case had a gun found in his vehicle’s center console. He was also charged with driving under the influence.
The district court dismissed the charge of possessing a gun in public, but the case proceeded to the Minnesota Supreme Court. There jurists ruled his vehicle could be classified as a public place while traveling on a public highway.
If personal vehicles in Minnesota are now considered “public,” this will have a chilling effect on the right to self-defense. Carjackings are surging across the nation, and a ready weapon is the first line of defense in the face of an imminent violent threat.
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