March 19, 2024, Minnesota Supreme Court Update
The Minnesota Supreme Court granted attorney Anders Erickson’s petition for review in State v. Vagle.
The broad issue the court will be considering is whether it is a felony in Minnesota to possess a firearm without a serial number, including possessing privately made firearms and firearms manufactured prior to 1968 that do not include serial numbers. Under federal law, it is not a crime to possess a privately manufactured firearm or a firearm manufactured prior to 1968 that does not include a serial number.
In a precedential opinion, the Minnesota Court of Appeals concluded that it is a felony for Minnesotans to possess any firearm that does not include a serial number. State v. Vagle, 999 N.W.2d 909 (Minn. Ct. App. 2023)
The issue raised within the petition for review is as follows:
Within the firearm serial-number statute, Minnesota Statutes section 609.667, the Legislature referenced the federal code by stating: “as used in this section, ‘serial number or other identification’ means the serial number and other information required under United States Code, title 26, section 5842, for the identification of firearms.” (emphasis added).
Does the Legislature’s reference to the federal code within section 609.667 apply to section 609.667(3)?
Is it a felony for Minnesotans to possess privately made firearms that do not include serial numbers where federal law exempts privately made firearms from serial number requirements?
Did the district court correctly conclude that section 609.667 is unconstitutionally vague?
Anoka County; possession of a firearm without a serial number; state pre-trial appeal.
