Man Pulled Over For Drunk Driving Had Loaded Gun
It's illegal in Missouri for intoxicated individuals to be in possession of a firearm.
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Updated with additional information about Missouri gun law at 5:33 p.m, Dec. 7, and at 11:47 a.m., Dec 8.
A 73-year-old male pulled over in Chesterfield for driving while intoxicated could also face charges for violating Missouri gun law.
The Chesterfield Police Department said the suspect had a loaded pistol in his glove box and was cited for illegal possession of a firearm. Missouri statutes state that it's illegal for intoxicated individuals to be in possession of a firearm if it's readily capable of lethal use and being handled in a negligent manner.
According to the Chesterfield Police Department, the individual was stopped on Highway 40/I-64 at around 3:40 p.m. on Nov. 30.
Scott Krejci
4:12 pm on Friday, December 7, 2012
For clarity in your reporting, it is not illegal in Missouri.
Frank Johnson
5:31 pm on Friday, December 7, 2012
Scott, according to section 571-030.1 (5) of the Missouri revised statutes, a person commits the crime of unlawful use of weapons if he or she knowingly "has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated." I think the fact that the weapon was loaded is what made it illegal in this circumstance. I also asked an officer with the Chesterfield Police Department in an email about this instance, I was told "by Missouri law you cannot possess a firearm while intoxicated."
Dave Thompson
5:58 pm on Friday, December 7, 2012
Frank, this law changed in 2010, to read: 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's sad when the police aren't even aware of the law change.
Scott Krejci
7:54 am on Saturday, December 8, 2012
Thanks Dave.
Stu Strickler
8:41 am on Saturday, December 8, 2012
Dave Thompson is correct. Know the law before you report on something that a cop tells you!
Scott Krejci
8:21 am on Saturday, December 8, 2012
Just so we are clear, in itself, a loaded firearm in the glove box or on the person of an intoxicated driver is not illegal in the state of Missouri. Other circumstances related to the firearm must be present, i.e. it is not legally possessed ,or it is used in a negligent or unlawful manner. Possession of a handgun, loaded or unloaded, while intoxicated is not unlawful. For example, driving while intoxicated is negligent and illegal, but possession of the car while intoxicated is not. It is the negligent and unlawful use of the item itself that is illegal, not the possession of it. Being intoxicated does not strip you of your right to; own and possess a gun on your person or in your car, or the use of one in self defense.
JR
9:38 am on Sunday, December 9, 2012
Mr. Jones.....you failed to include the ENTIRE statute, which is: "(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." NOTE THE WORD "AND". Unless he handled it in a negligent/unlawful manner, mearly having the firearm in his possession was not illegal.