Legal Opinion

State v. Fleming

Court of Appeals of Minnesota

Decided December 12, 2006No. A06-1170PublishedCited by 11 opinions

1Opinion of the Court

OPINION

WRIGHT, Judge.

Appellant State of Minnesota challenges the district court’s pretrial order dismissing a charge of unlawful possession of a firearm, arguing that the district court erred in ruling that Minn.Stat. § 624.713, subd. 1(b) (2004), does not prohibit possession of a BB gun by a person convicted of a violent crime. Appellant contends that, notwithstanding the exclusion of a BB gun from the statutory definition of “pistol,” respondent’s possession of a BB gun was unlawful under the operative definition of “firearm.” We reverse and remand.

FACTS

Respondent John Fleming, Jr. was…

2Cases cited12 opinions

  1. Amaral v. Saint Cloud HospitalSupreme Court of Minnesota · 1999
  2. American Tower, L.P. v. City of GrantSupreme Court of Minnesota · 2001
  3. Frank's Nursery Sales, Inc. v. City of RosevilleSupreme Court of Minnesota · 1980
  4. State v. AndersonSupreme Court of Minnesota · 2004
  5. State v. LogeSupreme Court of Minnesota · 2000

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3Cited by11 opinions

  1. State of Minnesota v. David Lee HaywoodSupreme Court of Minnesota · 2016
  2. State v. GreenmanCourt of Appeals of Minnesota · 2013
  3. Storms v. SchneiderCourt of Appeals of Minnesota · 2011
  4. State of Minnesota v. David Lee HaywoodCourt of Appeals of Minnesota · 2015
  5. Mycka v. 2003 GMC Envoy, MN Plate RPG535, VIN 1GKDT13S432414651Court of Appeals of Minnesota · 2010

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