CASE LAW UPDATE: Whether a distress flare launcher is not a firearm?
At issue in this case was whether a distress flare launcher is a “firearm” under Minnesota Statute §624.713, subd. 1. The trial court held that it was not. The Minnesota Court of Appeals disagreed, concluding that it depended on whether or not defendant intended to use it as a weapon. The Minnesota Supreme Court held that, for purposes of this statute, a “firearm” is an instrument designed for attack or defense that expels a projectile by the action or force or gunpowder, combustion, or some other explosive force. Because a distress flare launcher is not such an instrument, it is not a firearm. Reversed.
State v. Glover, A19-1656, Minnesota Supreme Court.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.