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Thread: New Year's Eve pre thought

  1. #1
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    New Year's Eve pre thought

    Here in Missouri (from my understanding), if you are under the influnce of alcohol and you are OC/CC, its a felony!

    I think this can get you a felony charge if you posses the alcohol on you (holding a beer at a party, resturant, etc) and you are CC or OC.

    SO be safe, if you are going to drink, its best to either have your firearm locked in your car or at home. That way you don't give LEO's a reason to make their career record look good by having "X" amount of people loosing their CCW lisence. I have spoken to a few cops today, they where letting me know, they are going to be out looking and randomly searching people New Year's Eve. So let's not start the new year with a message of "I lost my rights to carry or even buy a gun..."

    Take care and Happy New Year!

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    Your information is not correct. It is NOT against the law to be under the influence while in possession of a firearm, that was done away with two years ago.

    It is a felony to be foolish with a firearm while under the influence though.

    If it is in a holster on your hip, no law is broken.

    I do not believe it is wise to handle firearms while drinking, that however does not make it against the law, nor does it mean I think it should be, it means only what it says.
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

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    As mentioned a lot in this forum never get legal advice from a LEO.

    Look at Number 5 below notice the word AND. That means both conditions have to be met not just the first one for a crime to take place

    Missouri Revised Statutes

    Chapter 571
    Weapons Offenses
    Section 571.030

    August 28, 2011



    Unlawful use of weapons--exceptions--penalties.
    571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

    (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

    (2) Sets a spring gun; or

    (3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for the assembling of people; or

    (4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

    (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;

    (6) Discharges a firearm within one hundred yards of any occupied schoolhouse, courthouse, or church building; or

    (7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

    (8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or

    (9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

    (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

    2. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to the persons described in this subsection, regardless of whether such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties except as otherwise provided in this subsection. Subdivisions (3), (4), (6), (7), and (9) of subsection 1 of this section shall not apply to or affect any of the following persons, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties, except as otherwise provided in this subsection:

    (1) All state, county and municipal peace officers who have completed the training required by the police officer standards and training commission pursuant to sections 590.030 to 590.050 and who possess the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or all qualified retired peace officers, as defined in subsection 11 of this section, and who carry the identification defined in subsection 12 of this section, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

    (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

    (3) Members of the armed forces or national guard while performing their official duty;

    (4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

    (5) Any person whose bona fide duty is to execute process, civil or criminal;

    (6) Any federal probation officer or federal flight deck officer as defined under the federal flight deck officer program, 49 U.S.C. Section 44921 regardless of whether such officers are on duty, or within the law enforcement agency's jurisdiction;

    (7) Any state probation or parole officer, including supervisors and members of the board of probation and parole;

    (8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340;

    (9) Any coroner, deputy coroner, medical examiner, or assistant medical examiner;

    (10) Any prosecuting attorney or assistant prosecuting attorney or any circuit attorney or assistant circuit attorney who has completed the firearms safety training course required under subsection 2 of section 571.111; and

    (11) Any member of a fire department or fire protection district who is employed on a full-time basis as a fire investigator and who has a valid concealed carry endorsement under section 571.111 when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties.

    3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person twenty-one years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event or club event.

    4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.

    5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031.

    6. Nothing in this section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored or club-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board.

    7. Unlawful use of weapons is a class D felony unless committed pursuant to subdivision (6), (7), or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision (5) or (10) of subsection 1 of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded, or subdivision (9) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection 1 of this section results in injury or death to another person, it is a class A felony.

    8. Violations of subdivision (9) of subsection 1 of this section shall be punished as follows:

    (1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;

    (2) For any violation by a prior offender as defined in section 558.016, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;

    (3) For any violation by a persistent offender as defined in section 558.016, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;

    (4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.

    9. Any person knowingly aiding or abetting any other person in the violation of subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons.

    10. Notwithstanding any other provision of law, no person who pleads guilty to or is found guilty of a felony violation of subsection 1 of this section shall receive a suspended imposition of sentence if such person has previously received a suspended imposition of sentence for any other firearms- or weapons-related felony offense.

    11. As used in this section "qualified retired peace officer" means an individual who:

    (1) Retired in good standing from service with a public agency as a peace officer, other than for reasons of mental instability;

    (2) Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

    (3) Before such retirement, was regularly employed as a peace officer for an aggregate of fifteen years or more, or retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

    (4) Has a nonforfeitable right to benefits under the retirement plan of the agency if such a plan is available;

    (5) During the most recent twelve-month period, has met, at the expense of the individual, the standards for training and qualification for active peace officers to carry firearms;

    (6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

    (7) Is not prohibited by federal law from receiving a firearm.

    12. The identification required by subdivision (1) of subsection 2 of this section is:

    (1) A photographic identification issued by the agency from which the individual retired from service as a peace officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active peace officers to carry a firearm of the same type as the concealed firearm; or

    (2) A photographic identification issued by the agency from which the individual retired from service as a peace officer; and

    (3) A certification issued by the state in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the state to meet the standards established by the state for training and qualification for active peace officers to carry a firearm of the same type as the concealed firearm.

    (RSMo 1939 § 4425, A.L. 1959 H.B. 43, A.L. 1981 H.B. 296, A.L. 1993 H.B. 562 merged with S.B. 250, A.L. 1995 H.B. 160, A.L. 1997 S.B. 367, A.L. 1998 S.B. 478, A.L. 2000 S.B. 944, A.L. 2003 H.B. 349, et al. merged with S.B. 5, A.L. 2007 S.B. 62 & 41, A.L. 2010 H.B. 1692, et al., A.L. 2011 H.B. 294, et al.)
    Prior revisions: 1929 § 4031; 1919 § 3277; 1909 § 4498

    CROSS REFERENCE:

    Violation of this section may also be a hate crime, 557.035

    (2009) Crime of unlawful use of a weapon by possession or discharge of a firearm or projectile weapon while intoxicated is not facially unconstitutional. State v. Richard, 298 S.W.3d 529 (Mo.banc).

  4. #4
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    always nice to see the facts

  5. #5
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    Quote Originally Posted by steve50 View Post
    always nice to see the facts
    Which is why you never ask cops.

    It is not the cops fault, ever see a legal library? lol

    Have a good new year folks, and be safe.
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

  6. #6
    Regular Member mspgunner's Avatar
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    Quote Originally Posted by LMTD View Post
    Which is why you never ask cops.

    It is not the cops fault, ever see a legal library? lol

    Have a good new year folks, and be safe.
    OI haven't gone out for NT eve in"YEARS", we are going to a movie tonight, yes I will carry (CCW), I would not be surprised to be in check point, never have before, would be interesting.
    Agree with LMTD, the LEOs are poorly informed of firearms laws. Personally I don't drink, just my choice. If you have "a few" best to leave it home! Booze and firearms don't mix well - IMHO!
    Then again you know about opinions..... YEP everyone has one!
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
    I worked 24/7 for 2A OC rights! Don't like what I did? Try it yourself, it was my full time job!
    Certified NRA Range Safety Officer - RSO

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    I may be in the minority here, but when I have a few, I always have a CCW on me. Just because I'm drinking doesn't mean I have to be defensless. I don't go get tanked all the time or anything like that, but I like a few beers at times. That said, I don't take it out and finger it or show it off... I don't get ignorant, but I keep one on me. Ya just never know.

  8. #8
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    Quote Originally Posted by Festus_Hagen View Post
    I may be in the minority here, but when I have a few, I always have a CCW on me.

    Ya just never know.
    I am 100% against firearms and booze, I consider them separate activities. That said, I said activities and self defense is a sate of a prepared mind, not an activity. Having an adult beverage while armed should not be criminal, but requires that one understand the implications and act responsibly.

    Best said, we are not going to have a beer together before we go to the range, but if we have a beer together, I am without any doubt armed. I rarely get drunk, too damn old to care enough about stuff to need to forget it. I had a beer while armed with my ribs at applebee's just this week, total beer for the month...2

    If I am going to catch a buzz playing cards here at the house, putting them in the safe is plenty easy.

    Intend to shoot, reload, or clean the toys, no booze allowed, sorting brass on the deck after a fun day of shooting all the blasters, relaxing.

    On a side note, it is amateur night, be VERY cautious, already saw a red vette on Highway N almost put it in the ditch TWICE, it ain't you that you have to worry about, it is the other guy, be safe so we can fight the OC fight together instead of posting sorry stories this year!
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

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    I got a case of beer in the fridge that's been there over a month, so I'll be hittin' it tonite in the house. The wife is making some rotel dip and I'll prolly sit on the PC and watch TV until ... 10.

  10. #10
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    It's 10:00 Pm NY eve, my wife and i went to show. As we walked out I put my coat on and up came the back of my shirt and there was my 1911 in full view!
    The city we were in is NOT OC friendly.....
    There was a husband and wife behind us, the wife says "oh your a police officer, so is my husband".
    I just pulled my shirt and jacket down , turned and smiled.

    I'm glad he didn't engage me in conversation! And really glad he didn't know me.

    As we walked away my wife just looked at me and smiled, didn't need to say a thing!
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
    I worked 24/7 for 2A OC rights! Don't like what I did? Try it yourself, it was my full time job!
    Certified NRA Range Safety Officer - RSO

  11. #11
    Regular Member HighFlyingA380's Avatar
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    Quote Originally Posted by mspgunner View Post
    It's 10:00 Pm NY eve, my wife and i went to show. As we walked out I put my coat on and up came the back of my shirt and there was my 1911 in full view!
    The city we were in is NOT OC friendly.....
    There was a husband and wife behind us, the wife says "oh your a police officer, so is my husband".
    I just pulled my shirt and jacket down , turned and smiled.

    I'm glad he didn't engage me in conversation! And really glad he didn't know me.

    As we walked away my wife just looked at me and smiled, didn't need to say a thing!
    If it was obviously just a quick accidental flash, I didn't think that would be considered OC. The cop would have to be a complete jerk to argue otherwise.

  12. #12
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    Quote Originally Posted by HighFlyingA380 View Post
    If it was obviously just a quick accidental flash, I didn't think that would be considered OC. The cop would have to be a complete jerk to argue otherwise.
    I agree... 90% of the time, I wear my "tool" on my hip. Normally I wear a light jacket or zip up sweater, etc. Sometimes, if the wind blows "right" you'll see the "tool". But so far I felt really comfortble here in Missouri... tonight i was in Mississppi... I wasn't too sure about their laws, then I was in Mephis...I was at the gas station filling up my truck... two mustangs pulled up next to me, I notice the guy got out the car had his gun in his hand and he placed it in his pants! I do have to mention they looked very thugish. The second mustang... they never got out but looked at me. I thought that this was a robbery! But the other guy came back and then I quickly went back to my truck and left!

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