From State v. Stone, decided Nov. 28 by the Minnesota Court of Appeals but just reported in the Westlaw Bulletin (opinion by Judge Michelle Larkin, joined by Judges Denise Reilly and James Florey):
Appellant challenges his conviction for unlawful possession of a firearm, arguing … [among other things that] an unassembled shotgun lacking a stock bolt and stock bolt washer is not a "firearm" ….
At trial, Investigator Michael Dieter testified that he and Investigator Bradley Gadbois were "driving past a known drug house" and observed a car and a minivan parked near the residence. Dieter saw a woman in the car injecting heroin. Dieter approached the woman, and Gadbois approached the minivan. There were three people in the minivan. Gadbois spoke to the driver, Z.R. Gadbois became suspicious based on Z.R.'s statements, searched Z.R., and found a baggie containing suspected drug residue. Gadbois next searched the minivan and discovered, between the second and third rows of seating, a blue Ozark Trail backpack….
Dieter was familiar with the "type" of backpack found in the minivan and noticed that the backpack's detachable "fanny pack" or "day pack" was not in the minivan. Dieter searched the backpack and found an unassembled shotgun with two barrels, along with a "prescription box" and a paystub, which were both made out to Stone…. Dieter testified that Z.R. told him the backpack belonged to "Coco." Dieter knew that Coco was Stone's nickname….
Stone was convicted under Minn. Stat. § 609.165, subd. 1b(a), which prohibits a person "who has been convicted of a crime of violence" from possessing a "firearm." He contends that his conviction must be reversed because "an incomplete collection of disassembled component firearm parts is not a 'firearm' within the meaning of Minn. Stat. § 609.165, subd. 1b(a)." He frames his argument as a challenge to the sufficiency of the evidence to sustain his conviction and argues that the meaning of section 609.165, subdivision 1b(a), is intertwined with the issue of whether the state proved his guilt beyond a reasonable doubt….
