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State of Minnesota v. Andrew Vernard Glover. MN Criminal Law: Firearm
Minnesota Statutes 624.713 prohibits possession of a "firearm" by certain minors, such as minors previously adjudicated delinquent. The statute, however, does not define the word "firearm". The juvenile in this Hennepin County, Minnesota, case was arrested for theft, and had in his possession a distress flare launcher. The district court held that the launcher was not a firearm and dismissed the charge. The state appealed, and the Minnesota Court of Appeals reversed. The Minnesota Supreme Court then agreed to hear the case.
The supreme court agreed with the district court that the launcher was not a firearm, since a "firearm" must be designed as a weapon. An expert witness had testified that this device was intended as a signalling device, or for igniting brush by firefighters. The court held that the statute did not prohibit the possession of a device whose "primary use is safety, rather than to attack or defend."
The state argued that the defendant's intent should have been taken into consideration. But the court noted that this was a possession crime, rather than one based upon use. Therefore, the intent was not relevant.
The state also argued that it was unsafe to allow persons convicted of crimes to carry distress flare launchers around in their pockets. The court noted that this position was not unreasonable, but it was a question for the legislature and not the courts.
No. A19-1656 (Minn. Dec. 23, 2020).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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