STATE v. HAYWOOD

No. A14-1792.

869 N.W.2d 902 (2015)

STATE of Minnesota, Respondent, v. David Lee HAYWOOD, Appellant.

Court of Appeals of Minnesota.

September 28, 2015.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and John J. Choi , Ramsey County Attorney, Thomas R. Ragatz , Assistant County Attorney, St. Paul, MN, for respondent.

Grant Gibeau , Special Assistant Public Defender, Gregg M. Corwin & Associate, P.C., St. Louis Park, MN; and Tara Reese Duginske , Special Assistant Public Defender, Briggs and Morgan, P.A., Minneapolis, MN, for appellant.

Considered and decided by LARKIN, Presiding Judge; CHUTICH, Judge; and SMITH, Judge.


OPINION

Appellant challenges his conviction of possessing a firearm as an ineligible person under Minn.Stat. § 609.165, subd. 1b(a), arguing that a BB gun is not a "firearm" within the meaning of the statute and that the statute is unconstitutionally vague. Because a BB gun is a "firearm" within the meaning of section...

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