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.

Stupid gun laws. Who cares if you are blotto and carrying.

zekester said:

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.

Click to expand...

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.

I care

davidmcbeth said:

Stupid gun laws. Who cares if you are blotto and carrying.

Click to expand...

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."

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.

rushcreek2 said:

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.

Click to expand...

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

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.