Missouri Carrying Under the Influence

The Statute

Mo. Rev. Stat. Section 571.030.1(5) prohibits any person from carrying a concealed firearm while intoxicated. The provision is part of the master unlawful use of weapons statute and applies to all carriers: CCP holders and constitutional carriers alike. The provision predates SB 656 (2016) and was preserved in the constitutional-carry reform.

The statute provides: "A person commits the offense of unlawful use of weapons, except as otherwise provided by sections 571.101 to 571.121, if he or she knowingly... carries a firearm, whether loaded or unloaded, into any place where firearms are prohibited [or] while intoxicated."

A first offense for carrying while intoxicated is a class A misdemeanor.

What "Intoxicated" Means

The Missouri Criminal Code does not provide an explicit BAC threshold within Section 571.030 itself. Courts and prosecutors typically apply the DWI threshold under Mo. Rev. Stat. Section 577.001 and Section 577.012, which define "intoxicated" for operation of a motor vehicle as a blood alcohol content of 0.08 percent or higher (or, for a driver under 21, 0.02 percent or higher).

The Section 571.030.1(5) prohibition is typically applied at the 0.08 BAC threshold. A carrier with a BAC at or above 0.08 percent is rebuttably presumed intoxicated. A carrier below 0.08 percent may still be charged if other evidence (slurred speech, balance issues, odor of alcohol, admission to drinking) supports an inference of intoxication.

The Missouri Court of Appeals has applied the DWI threshold to concealed-carry intoxication cases. The statute uses ordinary meaning, and the DWI threshold is the closest legislative benchmark.

Other Substances

The statute reaches more than alcohol. "Intoxicated" includes impairment by:

• Alcohol (BAC 0.08 percent or higher).
• Controlled substances (marijuana, cocaine, heroin, methamphetamine, prescription opioids when not properly prescribed).
• Some combination of alcohol and drugs.

A carrier impaired by lawfully prescribed medication is a more difficult case. Most prosecutors do not pursue such cases unless the impairment is gross and there is evidence of risk to others. A carrier who has consumed a prescription opioid that produces drowsiness or impaired judgment should not carry until the impairment has subsided.

Mo. Rev. Stat. Chapter 195 governs controlled substances. A carrier who is also unlawfully in possession of a controlled substance faces additional charges.

Marijuana

Missouri voters approved Amendment 2 in November 2018 (medical marijuana) and Amendment 3 in November 2022 (recreational marijuana). Both are codified in Mo. Const. art. XIV.

Federal law continues to classify marijuana as a Schedule I controlled substance under 21 U.S.C. Section 812. Under 18 U.S.C. Section 922(g)(3), an unlawful user of a controlled substance is prohibited from possessing a firearm. Federal law treats any user of marijuana, including a medical or recreational user authorized by state law, as an unlawful user for purposes of the federal firearm prohibition.

The practical implication: a person holding a Missouri medical marijuana card or who has used recreational marijuana cannot lawfully possess a firearm under federal law. The 4473 form for handgun purchase from a federal dealer asks about marijuana use; answering yes triggers federal denial. Lying on the form is a federal felony under 18 U.S.C. Section 922(a)(6).

For Missouri state carry purposes, the Section 571.030.1(5) intoxication prohibition reaches a carrier impaired by marijuana. A carrier under the immediate influence of marijuana (recent use, impairment present) is in violation regardless of the state-law authorization for use.

Penalty Structure

A first offense for carrying while intoxicated under Section 571.030.1(5) is a class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,000.

A subsequent offense within five years escalates the punishment.

Additionally, the conviction may result in:

• Suspension or revocation of the CCP under Mo. Rev. Stat. Section 571.114.
• Federal prohibition on firearm possession if the conviction involves a controlled substance offense.
• Loss of any insurance defense funding or legal defense reimbursement under USCCA, U.S. LawShield, or similar legal services memberships (many policies exclude intoxication-related incidents).

When the Statute Applies

The intoxication prohibition applies when the carrier:

• Is carrying a concealed firearm (in a holster, on the person, in a bag, in a vehicle).
• Is intoxicated as defined above.
• Is in a public place or otherwise within the reach of the unlawful-use statute.

It does NOT apply to:

• A person who is intoxicated at home with firearms in the home but not on the person and not in immediate reach. The home is generally outside the reach of the unlawful-use statute.
• A person who has consumed alcohol earlier in the day but is no longer impaired (the impairment must be current).
• A passenger in a vehicle whose own BAC is high but who is not the operator and not in possession of the firearm.

Restaurants and Bars

A Missouri CCP holder or constitutional carrier may enter a restaurant that serves alcohol without violating Section 571.107.1(15), provided the restaurant derives less than 51 percent of gross receipts from the sale of liquor by the drink. The carrier may not, however, consume alcohol while carrying in any establishment if doing so will produce intoxication.

A restaurant that derives 51 percent or more from liquor sales (Section 571.107.1(15)) is a prohibited location; carry is not permitted regardless of consumption.

Many Missouri carriers adopt the rule: "If I'm drinking, I'm not carrying. If I'm carrying, I'm not drinking."

Sober Carry in a Bar

A common scenario: a CCP holder accompanies a non-drinking friend to a bar. The CCP holder does not drink. The bar derives 51 percent or more from liquor sales.

Result: Section 571.107.1(15) prohibits carry in the bar regardless of the carrier's own consumption. The carrier must either leave the firearm in the vehicle or not enter.

A CCP holder accompanies a non-drinking friend to a restaurant that serves alcohol but derives less than 51 percent from liquor. The CCP holder does not drink.

Result: Carry is permitted. The Section 571.107.1(15) prohibition does not apply (location not 51 percent), and the Section 571.030.1(5) intoxication prohibition does not apply (carrier not intoxicated).

Statutory Authorities

Where to Look Next

• The text of Mo. Rev. Stat. Section 571.030 is published at revisor.mo.gov.
• The Missouri Highway Patrol publishes DWI guidance at mshp.dps.missouri.gov.
• The ATF publishes guidance on the federal marijuana-user prohibition at atf.gov.

This section reflects Missouri law as of May 2026. The intersection of state marijuana law and federal firearm prohibition is a live issue; carriers should not rely on state authorization to defeat federal liability.