On February 19th, 2025, the MN Supreme Court issued its opinion in State v. Kyaw Be Bee, a case relating to a violation of MN 624.7181, MN’s prohibition on carrying a rifle, shotgun, or BB Gun in a public place.
In this case, the defendant, Kyaw Be Bee, was charged with a violation of MN 624.7181.2, which prohibits the carrying of a BB Gun, Rifle, or Shotgun on or about the defendant’s person in a public place unless it is case or unloaded or being carried with a Minnesota Permit to Carry.
This explainer provides the facts of the case, the legal issues before the court, and explains the court’s opinion. We also provide a set of frequently asked questions as there are many bits of false information being spread about the impact of this case.
Last updated: February 20th, 2025
Facts of the Case
On May 16th, 2022, Kyaw Be Bee was arrested following a traffic stop by a Ramsey County Sheriff’s Deputy during which they were found to be driving on a revoked license. Upon a search of the vehicle, the deputy found a BB Gun “stuffed under the driver’s seat”. The subject did not have a permit to carry a firearm in public.
Kyaw was charged with a violation of MN 624.7181.2, which prohibits the carrying of a BB Gun, Rifle, or Shotgun on or about the defendant’s person in a public place unless it is case or unloaded or being carried with a Minnesota Permit to Carry. See the police report.
Kyaw’s attorney argued in a pre-trial hearing that the definition of public place in MN 624.7181 does not include the interior of a vehicle.
On August 18th, 2023, Judge Leonardo Castro agreed and dismissed the case for the lack of probable cause, holding that the “Court was bound by the definition of ‘public place’ found in MN 624.7181, Subd. 1(c). See the Judge’s order and opinion.
On August 23rd, 2023, the City of Saint Paul (the prosecutor in this case) appealed to the Minnesota Court of Appeals. The Court of Appeals held a hearing on January 17th, 2024 and overturned Judge Castro’s opinion on April 15th, 2024.
The Court of Appeals ruled that:
The interior of a motor vehicle that is on a public road is a “public place” for purposes of Minnesota Statutes section 624.7181 (2020), which makes it unlawful for a person to carry a BB gun, rifle, or shotgun in a public place.
Read the Court of Appeals Opinion from April 15th, 2024.
Kyaw then appealed this decision to the Minnesota Supreme Court on May 14th, 2024.
Note: These details are from court records.
Legal issues before the Supreme Court
The issues put forth before the court in Kyaw’s appeal were:
Did the Court of Appeals err in finding that the interior of a private motor vehicle on a public road is a “public place” as defined by Minn. Stat. § 624.7181?
The District Court dismissed this case for lack of probable cause, finding that the inside of Petitioner’s vehicle, where a BB gun was located under 2 the driver’s seat, was not a public place.
The Court of Appeals reversed the District Court’s order holding that the interior of a private motor vehicle on a public road is a public place
Kyaw did not make any assertions that the search of their vehicle was unconstitutional and made only the legal claim above in their appeal. There was no 4th Amendment claims made in the case or in the appeal – and any search and seizure issues related to the BB Gun were never brought up.
Court's Decision
The MN Supreme Court heard oral argument on this case on November 4th, 2024, and issued its opinion on February 19th, 2025.
The court’s short description of its decision (the Syllabus) in the Opinion was:
The definition of “public place” under Minn. Stat. § 624.7181, subdivision 1(c) (2024), includes the interior of a motor vehicle on a public roadway.
In the decision, the court held:
Considering the exemptions listed in subdivision 1(c) and the motor vehicle exception in subdivision 1(b)(5), we hold that the definition of “public place” under section 624.7181 is unambiguous as it relates to the interior of a motor vehicle on a public roadway. The plain language of subdivision 1(c) includes the interior of a motor vehicle on a public road as a public place. Because we decide this case on the statute’s plain language, we do not examine the canons of construction that would only be relevant if there was more than one reasonable interpretation of “public place.” For the reasons stated above, as well as the fact that the parties do not contest that Bee was traveling on a public roadway at the time he was pulled over, we conclude that the court of appeals properly reversed the district court’s order dismissing the complaint for lack of probable cause.
Read the MN Supreme Court Opinion.
What it means
The definition of “public place” in question in this case is contained within MN 624.7181, the MN law that prohibits the carry of a rifle, shotgun, or BB gun in a public place without a permit (and has some other exceptions for lawful carry as well).
That statute has a specific definition of “public place” that applies only to that statute.
The court’s decision in this case applies only to that specific definition of “public place” and not to other references of “public place” in statute as those are defined elsewhere.
In short, this case stated that carrying a BB gun in a vehicle on a public roadway was “carrying in a public place” and therefore a crime unless it was being carried with a permit to carry (or if one of the other exemptions was met).
This case does not have any direct impact on any other area of law.
Because the Minnesota Supreme Court decided an issue of interpretation of the meaning of the statutory language in MN 624.7181, the Minnesota legislature can, if it chooses, effectively overrule this case simply by amending the statute. Other states have statutes that make the interior of one’s vehicle a private, non-public space. Minnesota could do this as well, by passing a bill to do so.
Frequently Asked Questions
Does this decision mean police can search my vehicle without a warrant or probable cause?
No. This decision only relates to the definition of “public place” in MN 624.7181. It does not change 249 years of 4th Amendment case law related to search and seizure.
Doesn’t this decision make carjacking legal because a vehicle is now a “public place”?
No. This decision only relates to the definition of “public place” in MN 624.7181. It does not change Minnesota’s crimes of carjacking or armed robbery.
Does this mean someone can enter your car at any time?
No. This decision only relates to the definition of “public place” in MN 624.7181. It does not change Minnesota’s existing crimes that would prohibit someone from entering your vehicle.
Does this mean we can’t transport a firearm in a vehicle anymore?
No. This decision has no impact on our transportation laws. See MN 624.7181 and MN 97B.045 for those specifics.
Does this mean we can’t carry a firearm in a vehicle anymore?
No. This decision has no impact on our firearm carry laws, which are in MN 624.714 and MN 624.7181 (specifically for long guns).
Does this mean that a person walking by my parked car on a public street and seeing $20 on my floorboard can just take it since it’s now a “public place”?
No. This decision only relates to the definition of “public place” in MN 624.7181. It does not change MN’s criminal law about breaking into a vehicle or theft.
Can’t I carry a BB Gun in a public place?
Yes. You can with a Permit to Carry. You can also carry a BB Gun in a public place under a set of other statutory exemptions in MN 624.7181.
But without a Permit to Carry, generally, this is illegal. See MN 624.7181 for specifics.
Does Minnesota treat a BB Gun as a firearm by law?
No, a BB Gun is not a firearm, nor is a pellet gun, airsoft gun, or other air-powered gun.
It’s important to note that MN has a statute prohibiting the carrying of a BB Gun in a public place. See MN 624.7181 for that statutory prohibition.
Attorney and Caucus ally Tom Gallagher’s website provides a detailed breakdown of how MN Law treats BB Guns.
What is the MN Gun Owners Caucus doing about this decision?
We’re working with legislative partners on a bill in the MN House & Senate that would nullify this decision by changing the language in MN 624.7181.
Have a question we didn't address above?
Contact us at contact@gunowners.mn.