“I wasn’t ‘carrying’ the gun; it was just in my car.”
Various Minnesota laws regulate the usage of firearms. One law, for example, prohibits certain individuals convicted of specific offenses from possessing a firearm. [1] Others provide restrictions on how owners must safely transport their firearms; another outlines the consequences for possessing a firearm without a permit. [2] Even individuals with gun permits are subject to laws on when they can safely carry them.
Specifically, a person cannot carry a pistol “on or about” their person or clothes in a public place if they are under the influence of a controlled substance or alcohol. [3] The Minnesota Supreme Court case of State v. Prigge demonstrates how complicated the definition of “to carry” can actually be.
In 2016, officers pulled over Mr. Prigge on suspicion for driving under the influence of alcohol. After stopping the car, Mr. Prigge admitted to the officers he had consumed alcohol that evening. He later failed a field sobriety test and blew a .10. After his arrest, officers started impounding his car and during an inventory search, found a loaded handgun in the center console of the vehicle.
The State charged Mr. Prigge with various criminal counts, including one count of carrying a pistol while under the influence of alcohol under Minnesota Statue § 624.7142. His defense team moved to dismiss this offense. They argued that the pistol’s location in the car’s console did not meet the standard of “on or about [his] clothes or person” because the State had no evidence that Mr. Prigge removed or handled the weapon while under the influence of alcohol.
Initially the District Court in Hennepin County agreed to dismiss the charge and the Court of Appeals agreed. Through an interpretation of the meaning “on or about,” the Court of Appeals ruled that in order to “carry” a pistol there must be some physical connection between the person or the person’s clothes and the pistol.
However, the Minnesota Supreme Court disagreed. Specifically, the Court ruled that while the Appellate ruling was consistent with the term “on,” it did not consider the phrase “or about.” Instead, the Minnesota Supreme Court ruled that the full phrase “on or about” also included the meaning of “within one’s reach.” The Court determined that the charge should not have been dismissed. Since the gun was in Mr. Prigge’s center console, it was up to a jury to decide if it was in his reach.
State v. Prigge is a clear instance of how complicated understanding criminal laws can be. This means that even if an individual has a permit to carry, if they plan to drink any amount of alcohol, it is best to keep all handguns at home safely stored.
[1] Minn. Stat. § 624.743
[2] Minn. Stat. § 97B.045.
[3] Minn. Stat. § 624.7142