Man Pulled Over For Drunk Driving Had Loaded Gun

Scott Krejci December 7, 2012 at 09:12 pm

For clarity in your reporting, it is not illegal in Missouri.

Frank Johnson (Editor) December 7, 2012 at 10:31 pm

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 December 7, 2012 at 10:58 pm

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 December 8, 2012 at 12:54 pm

Thanks Dave.

Scott Krejci December 8, 2012 at 01:21 pm

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.

Stu Strickler December 8, 2012 at 01:41 pm

Dave Thompson is correct. Know the law before you report on something that a cop tells you!

JR December 9, 2012 at 02:38 pm

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.