On April 24, 2017, the Minnesota Court of Appeals ruled that the definition of “carry” with regards to Minnesota Statute § 624.7142, Carrying While Under Influence of Alcohol or Controlled Substance, includes transporting an unloaded pistol in an enclosed case. State v. Larson, No. A16-1538 (Minn. Ct. App. April 24, 2017).
Bryan Larson was arrested for the misdemeanor offense of carrying a pistol while under the influence of alcohol based on his act of transporting an unloaded pistol in an enclosed case on a public sidewalk outside of a building. Mr. Larson was on his way into a building that had a gun range in the basement.
Minn. Stat. § 624.7142, subd. 1(4) prohibits a person who is in a public place from “carry[ing] a pistol on or about the person’s clothes or person…when the person is under the influence of alcohol.”
Mr. Larson did not dispute that he was intoxicated or that he was in a public place. Rather, he disputed whether the legislature intended to prohibit possession of an unloaded pistol securely enclosed in a gun case.
The Court reasoned that the plain meaning of the word “carry” includes situations in which the pistol is unloaded and in a case. The fact that the pistol is unloaded or secured makes no difference. It is still being “carried” and therefore covered by the statute.