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Concealed Carry Issues & Discussions Discussion regarding concealed carry licensing, issues, methods of concealment, etc.

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Old July 8th, 2008, 12:30 PM   #11
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lol i think the common bond is my daughter. It is a shame this young people don't have the right to defend themselves just because they are trying to get a higher education. Off topic, but i still beleive it is going to take a CCW holder to be denied his right to carry at a place of work or school and that person being killed by a BG and then law suits to take place before schools and business realize that unless they can protect their employees/students then they run the risk of law suits if something happens
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Old July 8th, 2008, 12:31 PM   #12
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I have mixed emotions on this issue. On the point of the boy seeing that you are willing to take up arms to defend your's, I totally agree with!!! As far as the driving after having a couple of drinks, well JMO, I don't agree with. Again, that is just my opinion.
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Old July 8th, 2008, 12:46 PM   #13
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So they saw you had a gun.
So what!!!!

I still don't understand this attitude

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Old July 8th, 2008, 12:51 PM   #14
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Darin, i respect your thought on the drinks and driving and respect the way you approached it as well. I no longer drink and drive in an illegal fashion (wish i could claim i never had, but that would be a lie from my younger days), but i do not agree that having a beer (or two) or glass of wine with dinner makes you unable to drive and the law currently doesn't think so either. Basically i try to follow the law and my own morals which are usually much tougher than the law (but not always).

Not sure if any of you have ever had a chance to do this, but i was fortunant once that at a bar they sponsored a police campaign to show who was over the limit and who was not (breath test right in the bar). Frankly the .08 is really hard to get to if you are not just pounding them down. I am a BIG guy, but i had several beers in an hour and a half, and did not blow a .08.

by the way they stopped this campaign because some idiots figured that since the had 3 beers an an hour and did not blow a .08 they could have 3 beers every hour for 4 hours and still drive not taking into account what they ate, etc. needless to say once they got arressted the police figured the benefit of education only helps those that are capable of actually learning.
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Old July 8th, 2008, 12:51 PM   #15
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Quote:
Originally Posted by farronwolf View Post
One question though, does MO forbid any alcohol consumption when carrying, or just being intoxicated? If it just forbids being intoxicated, and you were going to have a couple, (assuming that would not make you intoxicated), what is the difference in driving and and carrying your gun?

I don't disarm here in Texas if I am going to have a beer with dinner or whatever. If I am not impaired to drive, then I ain't getting rid of my gun either.
Missouri's Alcohol limit is 0.08 in lines with the national standards for DWI. As long as you are below a BAC of 0.08 you are ok having a handgun in your possession. However, if you are above 0.08 and have a concealed handgun, you may face enhanced charges!

This is from the Missouri Highway Patrol CCW brochure:

** If you are arrested for DWI and are carrying a concealed weapon,
you also may be arrested for possession of a firearm while intoxicated.
“Possession” would include having the weapon in the vehicle, not just
on your person.


Among forum members here on this website, the debate gets rather heated on whether people should ccw and consume any alcohol what so ever. That is another topic altogether. In Missouri it is legal to consume alcohol and still have a concealed weapon as long as your BAC is below 0.08.

Now if you are ever involved in any type of "gun incident" or self defense shooting after you have been drinking I'm sure issues will be made regarding that in court. How that plays out is anyones guess. I suppose there are too many factors, not least of which depends on how good your attorney is as to what the final outcome will be.

For a copy of the Missouri Concealed Weapons Law Brochure from Missouri State Highway Patrol in .pdf format, click here.
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Old July 8th, 2008, 12:59 PM   #16
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Bark i agree with what you have here, but this is the law for having a gun, not the actuall CCW law. I beleive there is actualy a portion of the CCW law that states you can not be "impaired" and conceal carry. But there is no set limit for "impaired". Why i avoid it totally is because of the point you mentioned, about a gun incident but also because with a law that is unclear you can get a anti LEO or PA to push the issue, i would rather wait for someone else to pay for the lawyers than me. More than likely most reasonable people would assume .08 i'm just not willing to bey my jury will have reasonable people
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Old July 8th, 2008, 01:00 PM   #17
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Quote:
Originally Posted by GOPony View Post
I am sure i will get hit about leaving gun in the car, but frankly with the garage locked, the car locked, the console locked and with the house and car alarm active this is probably the least accessible gun i have.
When I go into non-carry locations, I leave my gun a lot less protected then you have here. 99% of the time mine is left in a locked console, in a locked car. I don't have a garage lock, house alarm, and car alarm protecting it. Therefore, I won't "hit" you for leaving a gun secured in a car. The other 1% it is simply hidden in a locked car so perhaps I'll be the one to take the "hit". (To deflect the hit a little, this 1% is generally when I am going into a victim-disarmament zone that doesn't cover the parking lot and I'm just going in for a short period of time. I can take my gun out of the holster and slip it into a back seat pocket without anyone on the outside of the vehicle seeing, putting it in the center console would be visible to anyone looking through my front windshield.) I actually have 2 holsters in the car to facilitate these 2 storage locations so I don't have to take off my holster as well.
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Old July 8th, 2008, 01:28 PM   #18
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I wouldn't hit you for leaving it in the car, except that you forgot it was there. Two places for my guns: On body, or in house or car safe, no questions, no worries.
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Old July 8th, 2008, 01:30 PM   #19
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Quote:
Originally Posted by GOPony View Post
Bark i agree with what you have here, but this is the law for having a gun, not the actuall CCW law. I beleive there is actualy a portion of the CCW law that states you can not be "impaired" and conceal carry. But there is no set limit for "impaired". Why i avoid it totally is because of the point you mentioned, about a gun incident but also because with a law that is unclear you can get a anti LEO or PA to push the issue, i would rather wait for someone else to pay for the lawyers than me. More than likely most reasonable people would assume .08 i'm just not willing to bey my jury will have reasonable people
The title of the brochure I am quoting from the Highway Patrol is Missouri Concealed Weapons Law! and it is a "user friendly" publication from the State Patrol for ease of understanding for the public. I understand it is not the actual state statute which you can find here.

Obviously being "impaired" is highly subjective in nature lacking any specific citations in the law. Also, the right to self defense is also a universal and unalienable right. You do not give up your right to use lethal force to defend your life just because you have had one beer.

It all comes down to common sense! I have an attorney already and have spoken with him regarding the alcohol issue. As far as he is concerned and I am concerned, if I choose to have one or two beers or a glass of wine or one mixed "watered down" cocktail during a meal at a restaurant he is not going to have a problem proving I was not "impaired" at the time.

He knows me, my behavior and how I act in public. Sure, it's always going to be a crap shoot in court. However, I rarely drink in public because I do carry a gun. Also, enjoying a nice $10 glass of wine while eating a $30 veal marsala in a fine Italian restaurant is not going to make me a public risk nor is it going to make me "impaired" by any stretch of the term, nor should I give up my right to defend myself in order to enjoy a nice dinner. I actually act fairly refined while in public. I over tip waiters, never cause a scene or get into arguments, I shine my shoes and wear clean clothes, I avoid conflict and confrontation at all costs. I open doors for people and say excuse me. I don't see it as being a problem.

I also know people who can't have one beer without having a dozen, fart in public, stiff the waitresses, make rude comments regarding food preparation and so on and so forth. I don't hang out with them much either. Especially when carrying a gun.

JMO, YMMV.
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Old July 8th, 2008, 01:39 PM   #20
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I agree bark and i feel exactly as you do, but since i have no lawyer and i did not stay at a holiday inn express last night, i just choose not to risk it. I guess i look at it this way, if i am in jail or have my right to carry taken away i can not defend my family so on the rare occasions that i drink i risk not being armed and being part of the flock. I have been trying so hard to get my wife to get her permit as she almost never drinks, this way i could drink and have protection at the same time. But she won't, yet.

All that being said your points make a lot of sense. i think from now on, i will not go out of my way to avoid it, but if i plan on drinking i will still leave the gun at home. Frankly half the time i forget that i am carrying anyways i am really getting use to it being on, kind of like my cell phone. I only notice it when i don't have it
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