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Thread: Question regarding carrying and alcohol

  1. #1
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    Question regarding carrying and alcohol

    Just curious about MO law after after conversation with friend. It appears than in 571.030 subdivision 5 it is only illegal to be carrying while drinking a few if you handle or discharge except self defense. I get this because it says " AND". Any thoughts.
    Last edited by Grapeshot; 09-16-2016 at 12:03 PM. Reason: modified title

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    Here is the statue in question:


    "5) 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; or"

    So, yes the "and" is important. While I would not recommend doing it, it is legal.

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    I agree, not a good idea. Just wanted to see if I read this correctly. I have had a beer or two before and often wondered.

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    Statue : sculptor :: legislator : statute
    The conspiracy of ignorance masquerades as common sense. I am responsible for what I write, not for your understanding of it. Gee Zeus, get a grip on 'yourself'!

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    Or maybe I just swiped it incorrectly. I'm aware of the difference and thank you for your pedantry.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Nightmare View Post
    Statue : sculptor :: legislator : statute
    One of those has the cart before the horse.

    Ought to be:

    Sculptor : statue; legislator : statute
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Nightmare View Post
    Statue : sculptor :: legislator : statute
    The pendantical Mr. Word Salad ones again offering no wisdom to the topic.
    " What is done unto anyone may be done unto everyone" John Lilburne

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    Quote Originally Posted by Grapeshot View Post
    One of those has the cart before the horse.

    Ought to be:

    Sculptor : statue; legislator : statute
    "t"s are expensive .... anywho, inebriated folks still have their natural rights to KBA.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    "t"s are expensive .... anywho, inebriated folks still have their natural rights to KBA.
    Some would say that you are a spendthrift and profigate poster here.
    Last edited by Grapeshot; 09-04-2016 at 07:13 AM. Reason: fixed
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Some would say that you are a spendthrift and profigate poster here.
    Grape, using two words with the same meaning in a sentence, will surely upset Mr. Word Salad himself aka nightmare..
    " What is done unto anyone may be done unto everyone" John Lilburne

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    Quote Originally Posted by Grapeshot View Post
    Some would say that you are a spendthrift and profigate poster here.
    Quote Originally Posted by countryclubjoe View Post
    Grape, using two words with the same meaning in a sentence, will surely upset Mr. Word Salad himself aka nightmare..
    Not exactly the same meaning.

    Spendthrift (noun) = a person who spends money in an extravagant, irresponsible way. - specifically money.

    Profigate adjective) = recklessly extravagant or wasteful in the use of resources, generic as to what is being squandered.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Some would say that you are a spendthrift and profigate poster here.
    Today must not be opposite day !

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    Moderator / Administrator Grapeshot's Avatar
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    Originally Posted by Grapeshot
    Some would say that you are a spendthrift and profigate poster here.
    Quote Originally Posted by davidmcbeth View Post
    Today must not be opposite day !
    Some might say that when you and I both post on the same thread that would indeed be the case.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Heh heh heh.
    The conspiracy of ignorance masquerades as common sense. I am responsible for what I write, not for your understanding of it. Gee Zeus, get a grip on 'yourself'!

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    Quote Originally Posted by kcgunfan View Post
    Here is the statue in question:


    "5) 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; or"

    So, yes the "and" is important. While I would not recommend doing it, it is legal.

    Sent from my Nexus 6 using Tapatalk
    Changed several years ago. It used to be a violation if you were intoxicated (undefined) while armed.
    2013 - (5) Possesses or discharges a firearm or projectile weapon while intoxicated;
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    Changed several years ago. It used to be a violation if you were intoxicated (undefined) while armed.
    +1 correct as usual
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    To the OP

    I can tell you for sure from experience that it is legal. Right after they made it legal, an officer stopped me walking across the street armed, with an open beer. He immediately informed me that I was under arrest and being charged with the felony of possession of a firearm while consuming alcohol. He was not happy when I asked for his Supervisor and made them check the revised statutes. The officer actually was pissed and said that whoever changed that law needed to be shot.

  18. #18
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Marc View Post
    I can tell you for sure from experience that it is legal. Right after they made it legal, an officer stopped me walking across the street armed, with an open beer. He immediately informed me that I was under arrest and being charged with the felony of possession of a firearm while consuming alcohol. He was not happy when I asked for his Supervisor and made them check the revised statutes. The officer actually was pissed and said that whoever changed that law needed to be shot.
    Just because an officer does something doesn't make it legal.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    It appears you've joined the ranks of the freer, like Utah and Nevada, where it has always been legal to drink while armed. Both states have definitions of intoxication, where it then becomes illegal unless at home. Utah at 0.08 and Nevada at 0.10 BAC.

    Drinking responsibly is not hard, and is quite common. There is no need to be disarmed while so doing. Many restaurants and bars, in Nevada especially, have no problem with open carriers who are drinking responsibly. Cops grin at me when I raise my glass in salutation to them. I can drink while armed and they can't.

    OP, as a courtesy to those who wish to find the thread later, please edit the title to reflect the actual content of the question. As you can imagine, most threads on this forum are a question of some type.
    Last edited by MAC702; 09-16-2016 at 10:41 AM.
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    Thanks to all for the information. I was pretty sure I was reading the statute correctly, but your input. Thanks.

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    Quote Originally Posted by Grapeshot View Post
    Just because an officer does something doesn't make it legal.
    I think you misunderstood what i was saying. What the officer did was BS. What I was saying was the fact that it is legal to drink while carrying, as long as you do not do something stupid with your firearm as the OP posted was his understanding of the law. Maybe I worded my response wrong, I don't know as I'm really not good at getting my point across with a keyboard. I'm old school, FTF and you can hear my tone and see my body language and then what I say is perfectly clear. Technology so far has not allowed me to translate that electronically.

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    Quote Originally Posted by Marc View Post
    I think you misunderstood what i was saying. What the officer did was BS. What I was saying was the fact that it is legal to drink while carrying, as long as you do not do something stupid with your firearm as the OP posted was his understanding of the law. Maybe I worded my response wrong, I don't know as I'm really not good at getting my point across with a keyboard. I'm old school, FTF and you can hear my tone and see my body language and then what I say is perfectly clear. Technology so far has not allowed me to translate that electronically.
    My reply was a generality, not personal.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Marc View Post
    [ ... ] I'm old school, FTF and you can hear my tone and see my body language and then what I say is perfectly clear. [ ... ]
    LOL. Failure To Fire? Old school? Bwahaha!
    The conspiracy of ignorance masquerades as common sense. I am responsible for what I write, not for your understanding of it. Gee Zeus, get a grip on 'yourself'!

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    Quote Originally Posted by Nightmare View Post
    LOL. Failure To Fire? Old school? Bwahaha!
    FTF = Face to Face

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    Quote Originally Posted by Grapeshot View Post
    Some might say that when you and I both post on the same thread that would indeed be the case.
    You're coming around...I have high hopes !

    Carry on !

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