In layman’s terms: Minnesota Supreme Court says the inside of your vehicle is a public place where they can regulate possession of a BB gun.
On Wednesday, February 19, the Minnesota Supreme Court ruled that “public places” include the inside of a motor vehicle on a public road, as it relates to a criminal case regarding possession of a BB gun.
Ruling in a case called State v. Kyaw Be Bee, Judge McKeig issued an eight-page decision affirming a lower appeals court ruling. The appeals court previously reversed a decision by a district court to dismiss the complaint for lack of probable cause.
In 2022, the defendant, Kyaw Be Bee, was arrested for a revoked license during a traffic stop by a Ramsey County Sheriff’s Deputy. During the stop, the deputy found a BB Gun under the driver’s seat. Because the defendant did not have a permit to carry a firearm in public, they were charged with a violation of MN 624.7181.2, which prohibits the carrying of a BB gun, rifle, or shotgun on or about one’s person in a public place.
As noted above, the District Court dismissed the case for lack of probable cause, finding that the inside of the vehicle was not a public place. The appeals court then reversed this decision.
(Notwithstanding the ridiculousness of categorizing a BB gun in the same class as a firearm, many states consider the interior of a car as private. Judge McKeig’s decision affirms that Minnesota does not believe you have any right to privacy in your vehicle:
Because “public place” under subdivision 1(c) unambiguously includes the interior of a motor vehicle on a public roadway, we affirm the decision of the court of appeals.
The Minnesota Gun Owners Caucus provided a succinct summary of the case and decision:
- In short, this case stated that carrying a BB gun in a vehicle on a public roadway was “carrying in a public place” and therefore a crime unless it was being carried with a permit to carry (or if one of the other exemptions was met).
- This case does not have any direct impact on any other area of law.
Although a BB gun is not a firearm, Minnesota has a statute prohibiting the carrying of a BB gun in a public place.
As a result of this case, the Minnesota Gun Owners Caucus is working with legislative partners on a bill in the state House and Senate that would nullify this decision by changing the language in the state code.
The case illustrates the extreme reach of government into our lives by both inserting themselves into our privately-owned vehicles, and also regulating the possession of something as benign as a BB gun. It’s beyond time that citizens stand up to the overreach of such draconian laws.
