Even if you have a permit to carry a concealed weapon, you can't pack a pistol in a public place if you are drunk -- and your own bar is considered a public place, the Minnesota Court of Appeals ruled Tuesday.
A three judge-panel took up the question of what constitutes a public place when they heard the case of James J. Gradishar. He had gotten a conviction thrown out in St. Louis County District Court by contending that his Duluth bar was not a public place, but rather a private business where he has a right to carry a gun, just as he can in his private home.
But because the public has access to the bar, it's considered a public place, appellate judges Michelle Larkin, Natalie Hudson and Renee Worke said. They returned the case to St. Louis County for a new trial.
The Duluth city attorney had asked the Minnesota Court of Appeals to hear the case and reinstate the conviction.
In May 2008, Gradishar had been in the Duluth bar he owns and manages, Norshor Experience, when he struck up a conversation with an off-duty officer. Gradishar mentioned to the officer that he had a gun in his pocket, and that he had a gun permit. He also acknowledged drinking that day.
The officer administered an alcohol breath-test. Gradi-shar allegedly had a reading of 0.15 percent, and the officer cited him for having a gun while drunk in a public place.