Missouri Residents BE ADVISED!!!
This is a discussion on Missouri Residents BE ADVISED!!! within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Please read the following letter I have drafted and am sending to my state legislators, the Governor, and the Attorney General (I'll edit slightly for ...
January 1st, 2010 12:45 AM
Missouri Residents BE ADVISED!!!
Please read the following letter I have drafted and am sending to my state legislators, the Governor, and the Attorney General (I'll edit slightly for the latter two). It will tell you everything you need to know. This is CRITICAL!!! I'm also contacting the NRA to drum up awareness and support.
Please feel free to cut and paste, or write your own version and send it to the appropriate people
Honorable Mr. _________,
On 17 January, 2009, the Missouri Supreme Court ruled in the case of Missouri vs. John L. Richard, that RSMo 571.030.1(5) is not unconstitutional thus opening up the potential for serious infringement on the liberties of literally hundreds of thousands of Missouri firearms owners.
RSMO 571.030.1(5) states that “A person commits the crime of unlawful use of weapons if he or she knowingly possesses or discharges a firearm or projectile weapon while intoxicated.”
Under RSMO 571.030.7, Unlawful use of weapons is a class D felony.
By this wording, any person in Missouri who has a firearm in their home and becomes intoxicated, whether by alcohol or prescription drugs, could be charged and convicted as a felon.
It is understood that alcohol and firearms do not mix well and present the potential for a fair amount of damage to public safety. However, within a person’s own home and under reasonable circumstances, the possibility of public endangerment is mitigated and must be overruled by our utmost commitment to preserve the right of security and privacy in our persons and possessions.
Consider that a person in their home, who otherwise is in legal possession of a firearm, and becomes otherwise legally intoxicated, could be the victim of home invasion, burglary or arson. Essentially, due to the overly broad interpretation of the statute as currently written, a person in their own home, having a few drinks, gives up their right to protect their own person, and their family by use of a firearm.
Of even more concern is that under the current statute, any person in Missouri who owns a firearm, who becomes intoxicated in their own home becomes a felon. This is patently absurd!
Numerous other states have recognized this potentiality and have constructed less vaguely worded statutes that both provide for the public safety, and yet preserve the rights of privacy and personal security.
Please consider drafting and/or sponsoring legislation to the aforementioned effect of preserving the civil rights of your constituency. An example may be an exception such as:
“Except that RSMO 571.030.1(5) shall not apply to persons in their own domicile, or other private property where they are legally allowed to be, provided the person may otherwise legally possess a firearm; or when a person displays or discharges a firearm in a manner justifiable by RSMO 563 in defense of self or others, and that such possession or discharge is not in violation of any other section of Chapters 571 and 563.”
NRA Certified Instructor
xxxx xxxxx Ave
(FYI, RSMO 563 is the chapter of Missouri law which covers justifiable use of force.)
Missouri residents and NRA members, let's make this happen!
NRA Certified Instructor (6 years)
Former LEO/DOD Contractor
Active Duty Marine (Martial Arts Instructor)
Glock 17, Kel-Tec P-11, S&W Model 60, various rifles
January 1st, 2010 10:38 AM
Wow that is scary. The number of law abiding folks that would have been over .08 and had a firearm in the house will be very high.
Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato
January 1st, 2010 02:23 PM
While I understand the intent of this legislation (responsible use of a firearm) the fact that you have had a few drinks doesn't negate your right of self-defense. If you do something irresponsible with a firearm, intoxicated or not, you should be held responsibility. But if the use of your firearm was responsible the fact that you were drunk shouldn't have a bearing on whether you are charged with a crime.
January 1st, 2010 03:15 PM
Keep in mind that 571.030 does not set a legal definition for "intoxicated" like that for DUI - .08% BAC.
Originally Posted by Stevew
January 1st, 2010 03:57 PM
What are these retards gonna come up with next,,,
If you are legally intoxicated you cannot give your baby a bath
If you are le "" """ "" use a power lawn mower to cut your grass
If you "" """ """ " Blah Blah Blahhhhh
Whats the world coming to for crying out loud
"If you put the government in charge of the desert, there would be a sand shortage within ten years." - A very wise man
I would rather die with good men than hide with cowards
If you want to make God laugh, tell him your plans.
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy."
M&Pc .357sig, 2340Sigpro .357sig
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