State v. Gradishar

OPINION

WORKE, Judge.

On appeal from the pretrial dismissal of a charge of carrying a firearm in a public place while under the influence of alcohol, in violation of Minn.Stat. § 624.7142 (2006), the state argues that the district court erred in defining “public place” to exclude a place of business owned and managed by the charged person. We reverse and remand.

FACTS

Respondent James Jay Gradishar is the owner and manager of Norshor Experience, a bar in Duluth, Minnesota. On May 2, 2008, an off-duty officer working at the bar struck up a conversation with respondent, who mentioned that he had…