with that said, HFA380, KYLEMOUL, and myself were sort of discussing this in the Salem /Licking thread. Long story short, I believe under Missouri state law it is not illegal to be intoxicated and in posession of a firearm.
Mo 571.030 weapons offenses states.
Missouri Revised Statutes
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;
Now I went back and added emphasis/capitalization in # 5, and this I think is the one that will clarify my reason for posting. The two word I refered to (AND/OR) makes all the difference in the world in how this law is interpreted. Posession of a firearm while intoxicated in itself is not illegal. A person has to also do one, of the two other things to be in violation of the law. Handle and use in negligant and unlawful manner OR discharge in a non SELF-defense situation. This became law in August 28 2010.