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Thread: Still have huge problem with this

  1. #1
    Regular Member zekester's Avatar
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    Still have huge problem with this

    Love the fact that we have OC with restrictions, but the .08 is a problem with me.

    It basically says that if you have a beer over the limit you are not within the LAW to defend yourself.

    As I have said many times on this forum....there should be a section which reads..... "Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense."


    I can be "legally" intoxicated and the gun in my holster is not going to jump out and shoot someone..

    This law does not distinguish between public and private property.

    I DO NOT advocate drinking and carrying.......but if I am on my own property, what business is it of the MAN....

    All it takes is one pissed off neighbor or employee and your life will change forever.

    Even some departments aren't sure if having a weapon on a counter or in a drawer constitutes possession.....clarification is needed soon.

    Now I read that HEB will not allow OC.....no more of my business.
    Last edited by zekester; 12-25-2015 at 01:22 PM.
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  2. #2
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    Stupid gun laws. Who cares if you are blotto and carrying.

  3. #3
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    Read, learn how much alcohol it takes to get to 0.08. It's prolly beyond fun

    It's five standard drinks in two hours for me. I might get there for my New Years Anniversary if I can stay awake that long.
    I am responsible for my writing, not your understanding of it.

  4. #4
    Regular Member F350's Avatar
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    Quote Originally Posted by zekester View Post
    Love the fact that we have OC with restrictions, but the .08 is a problem with me.

    It basically says that if you have a beer over the limit you are not within the LAW to defend yourself.

    As I have said many times on this forum....there should be a section which reads..... "Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense."


    I can be "legally" intoxicated and the gun in my holster is not going to jump out and shoot someone..

    This law does not distinguish between public and private property.

    I DO NOT advocate drinking and carrying.......but if I am on my own property, what business is it of the MAN....

    All it takes is one pissed off neighbor or employee and your life will change forever.

    Even some departments aren't sure if having a weapon on a counter or in a drawer constitutes possession.....clarification is needed soon.


    Now I read that HEB will not allow OC.....no more of my business.
    This was exactly the situation in Missouri, over reaching police/prosecutor charged a man with possession while intoxicated for being drunk in his own home which had firearms in it. Now the law is pretty much the way you stated in your opening; someone could be falling down drunk in the middle of main street while carrying and as long as there was no handling of the firearm, no firearm laws are broken.

  5. #5
    Regular Member zekester's Avatar
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    I care

    Quote Originally Posted by davidmcbeth View Post
    Stupid gun laws. Who cares if you are blotto and carrying.
    I do care....as i said, I DO NOT advocate carrying while intoxicated, but one should still have the RIGHT to protect themselves in any situation, especially on private property.

    The current law does not distinguish this fact or what constitutes possession.

    I could have a handgun in a safe at home, be .08, neighbor calls...busted for possession while intoxicated

    As the poster stated above, there was a gentleman who was passed out in HIS living room with a handgun on his end-table.....yes...they had a warrant....not a felon.....but they busted him for possession while intoxicated. Went to the MOSC....thrown out.....but still...screwed up.

    easy fix....

    "Has a firearm or projectile weapon readily capable of lethal use ON his or her person, while he or she is intoxicated, AND handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense."
    Last edited by zekester; 01-02-2016 at 09:05 AM.
    GOD gave me rights!!!....The Constitutuion just confirms it!!

  6. #6
    Regular Member rushcreek2's Avatar
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    It is pretty much a truism that common sense cannot be passed into law....but we can always hope that it will be present during the jury selection process.

  7. #7
    Regular Member zekester's Avatar
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    Quote Originally Posted by rushcreek2 View Post
    It is pretty much a truism that common sense cannot be passed into law....but we can always hope that it will be present during the jury selection process.
    Agreed....but it is now the law in Missouri

    My biggest concern is the Possession aspect on private property...

    What constitutes possession?

    If I OWN a handgun....do I not possess?

    If I have access, do I not possess?

    I possess a car, but I am not in it all the time.....I possess a knife, but it is in the kitchen...

    The way it reads now is:


    Sec. 46.02. UNLAWFUL CARRYING WEAPONS
    Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN
    (a) A person commits an offense if the person intentionally,
    knowingly, or recklessly carries on or about his or her person a
    handgun;
    (8) While intoxicated

    "ABOUT" is the word..."about" is possession. "About " is vicinity..... No matter where you are!!!

    And do not think for one second that a Prosecutor will not use this language against you.
    According to this law....as it is written....If you OWN something....therefore you POSSESS!!!

    Nothing about self defense.

    And it is specially about HANDGUNS
    Last edited by zekester; 01-02-2016 at 12:35 PM.
    GOD gave me rights!!!....The Constitutuion just confirms it!!

  8. #8
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    What, is there now implied consent? Just refuse a blood test or other test under 5th amendment & 4th amendment --- then they'll never have evidence of your blotto-ness.

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