Concealed weapons law raises enforcement questions

Friday, October 3, 2003

On October 11, Missouri citizens will be able to apply for a permit that would allow them to carry a concealed weapon. However, part of this new law changes the possession of firearms, concealed or out in the open, while intoxicated from a misdemeanor to a felony, which can have serious consequences. This means that being intoxicated around firearms can carry a punishment of one to four years in prison, or one day to one year in a county jail and/or a $5,000 fine. Missouri state law defines intoxicated as having a "substantially impaired mental or physical capacity resulting from introduction of any substance into the body." Vernon County Prosecuting Attorney Lynn M. Ewing III said that the definition of whether or not a person is intoxicated is all very dependent on who the person is and can rely on several factors, such as size or built up alcohol tolerance. However, for the purpose of enforcing the possession of firearms while intoxicated law, enforcement officials are going to use the guidelines adopted from the DWI statutes. According to Vernon County Sheriff Ron Peckman these tests include walking a strait line, reciting the alphabet and motor skills. Ewing said that when hunters are at deer camp or in a duck blind, and liquor is being imbibed, the guns should be put away. "Guns and alcohol are not a good mix," he said. The risk is that using firearms while inebriated is an increased liability to both the shooter and someone else. "Bad things happen to people's judgment when they're under the influence," said Ewing. He noted that he intends to vigorously enforce this provision and will seek jail time for offenders. "If you are going to go out partying just leave your gun behind," said Ewing.

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