State v. Fleming

724 N.W.2d 537, 2006 Minn. App. LEXIS 159, 2006 WL 3593389
CourtCourt of Appeals of Minnesota
DecidedDecember 12, 2006
DocketA06-1170
StatusPublished
Cited by16 cases

This text of 724 N.W.2d 537 (State v. Fleming) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fleming, 724 N.W.2d 537, 2006 Minn. App. LEXIS 159, 2006 WL 3593389 (Mich. Ct. App. 2006).

Opinion

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 arrested and charged with unlawful possession of a firearm, a violation of Minn.Stat. § 624.713, subd. 1(b) (2004) (prohibiting possession of a “pistol or semiautomatic military-style assault weapon or ... any other firearm” by a person convicted of a crime of violence). At the time of his arrest, Fleming possessed a black metal Walther PPK/S BB gun. Fleming had been twice convicted of second-degree assault, and his right to possess a firearm had not been restored.

Fleming moved to dismiss the charge, arguing that the BB gun was not a firearm under Minn.Stat. § 624.713, subd. 1(b). The district court dismissed the charge, concluding that, although a BB gun is a “firearm,” prosecution under MinmStat. § 624.713, subd. 1(b), for possession of a BB gun would negate the statute’s exclusion of a BB gun from the statutory definition of “pistol.” This appeal followed.

ISSUE

Does Minn.Stat. § 624.713, subd. 1(b) (2004), which prohibits a person who has been convicted of a crime of violence from possessing a pistol or any other firearm, prohibit possession of a BB gun?

ANALYSIS

The state may appeal an order dismissing a complaint for lack of probable cause if it is “based on a legal determination, such as the interpretation of a statute.” State v. Linville, 598 N.W.2d 1, 2 (Minn.App.1999) (quotation omitted). To prevail, the state must clearly and unequivocally show that the district court erred in its judgment and the error will have a “critical impact” on the state’s ability to prosecute. State v. Hanson, 583 N.W.2d 4, 5 (Minn.App.1998), review denied (Minn. Oct. 29, 1998). As an initial *539 matter, we consider whether the district court’s order has a critical impact on the state’s case.

The district court interpreted MinmStat. § 624.713, subd. 1(b) (2004), and concluded that the statute does not prohibit a person convicted of a crime of violence from possessing a BB gun. The district court dismissed the complaint for lack of probable cause, which satisfies the critical-impact requirement.

This case presents a question of statutory interpretation, which we review de novo. State v. Anderson, 666 N.W.2d 696, 698 (Minn.2003). When interpreting a statute, we must “ascertain and effectuate the intention of the legislature.” Minn. Stat. § 645.16 (2004). In doing so, we first determine whether the statute’s language on its face is ambiguous. Am. Tower, L.P. v. City of Grant, 636 N.W.2d 309, 312 (Minn.2001). A statute is ambiguous only when its language is subject to more than one reasonable interpretation. Amaral v. Saint Cloud Hosp., 598 N.W.2d 379, 384 (Minn.1999). We construe statutory words and phrases according to their plain and ordinary meaning. Am. Tower, L.P., 636 N.W.2d at 312 (citing Frank’s Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 608 (Minn.1980)). And we presume that “the legislature intends the entire statute to be effective.” Minn.Stat. § 645.17 (2004). When the legislature’s intent is clearly discernable from a statute’s plain and unambiguous language, we interpret the language according to its plain meaning without resorting to other principles of statutory construction. State v. Anderson, 683 N.W.2d 818, 821-22 (Minn.2004); see also Minn.Stat. § 645.08(1) (2004) (providing that words are construed according to their common usage). If a criminal statute is not ambiguous, the rule of lenity, which requires us to resolve questions of interpretation in favor of lenity toward the defendant, has no application. State v. Loge, 608 N.W.2d 152, 156 (Minn.2000).

Fleming was charged under Minn. Stat. § 624.713, subd. 1(b), which provides in pertinent part: “The following persons shall not be entitled to possess a pistol or semiautomatic military-style assault weapon or ... any other firearm: ... a person who has been convicted of ... committing ... a crime of violence.” The operative statutory definition of “pistol” excludes BB guns. MinmStat. § 624.712, subd. 2 (2004). But the term “firearm” is not defined within this statutory scheme.

The district court determined that Fleming possessed a “firearm” but dismissed the charge because the applicable statutory definition of “pistol,” id., specifically excludes BB guns. This construction of the statute, however, does not give effect to the phrase “any other firearm” in section 624.713, subdivision 1. Unless the applicable definition of “firearm” also excludes BB guns, the district court’s construction of the statute is erroneous. Thus, we examine the definition of “firearm” to determine whether section 624.713, subdivision 1(b), also excludes BB guns from the provision that prohibits a person convicted of a crime of violence from possessing a firearm.

Because section 624.712, which defines both “pistol” and “semiautomatic military-style assault weapon,” does not define “firearm,” we look to other sources for a definition of the term. We know from the Minnesota Supreme Court’s interpretation of Minn.Stat. § 609.02, subd. 6 (1974), which defines “dangerous weapon” to include firearms, the term “firearm” should be broadly construed. State v. Seifert, 256 N.W.2d 87, 88 (Minn.1977). As in the instant case, at issue in Seifert was whether a BB gun was a firearm. The defendant in Seifert was charged with using a *540 dangerous weapon during the commission of a robbery. Id. Because he possessed a BB gun, the defendant challenged the district court’s finding that he used a “dangerous weapon,” defined by Minn.Stat. § 609.02, subd. 6, as “any firearm, whether loaded or unloaded.” Id. The supreme court applied the definition of “firearm” set forth in Minn.Stat. § 97.40, subd. 34 (1974), the game-and-fish law (now codified at Minn.Stat. § 97A.015, subd. 19 (2004)). Id.

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Bluebook (online)
724 N.W.2d 537, 2006 Minn. App. LEXIS 159, 2006 WL 3593389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fleming-minnctapp-2006.