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Case summary of Williams v. Pine Cty. Sheriff’s Dep’t (Minn. App. 2018) (unpublished)

Case summary of Williams v. Pine Cty. Sheriff’s Dep’t, No. A17-0964 (Minn. App. Apr. 9, 2018) (unpublished) Affirmed district court order to return pistol seized as evidence in criminal case where appellant (sheriff’s department) claimed the pistol was contraband and forfeited under state forfeiture laws.  Court held it was not illegal for respondent (Williams) to possess the pistol; rather, his crime was failure to have a permit for the pistol.   The pistol in this case was unloaded in the center console of his vehicle, and the court found that his did not enhance the danger to the public due to the lack of a permit; therefore, the pistol was not a “weapon used” under the applicable statute.  In sum, because the pistol was not a "weapon used," and respondent was legally allowed to possess the pistol, it was not contraband and the district court did not err in ordering appellant to return the pistol to respondent.
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Description Case summary of Williams v. Pine Cty. Sheriff’s Dep’t, No. A17-0964 (Minn. App. Apr. 9, 2018) (unpublished) Affirmed district court order to return pistol seized as evidence in criminal case where appellant (sheriff’s department) claimed the pistol was contraband and forfeited under state forfeiture laws.  Court held it was not illegal for respondent (Williams) to possess the pistol; rather, his crime was failure to have a permit for the pistol.   The pistol in this case was unloaded in the center console of his vehicle, and the court found that his did not enhance the danger to the public due to the lack of a permit; therefore, the pistol was not a “weapon used” under the applicable statute.  In sum, because the pistol was not a "weapon used," and respondent was legally allowed to possess the pistol, it was not contraband and the district court did not err in ordering appellant to return the pistol to respondent.
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