Category: Gun Laws

Restore Gun Rights in Missouri | KC Defense Counsel

   

“Can a convicted felon ever legally own a gun again in Missouri?”

Losing—and Regaining—Your Gun Rights

Generally, convicted felons in Missouri cannot legally possess firearms under state law (RSMo 571.070) or federal law (18 U.S.C. 922(g)).  However, rights may be restored through specific legal pathways:

  • Expungement: If your record is expunged under Missouri law, your gun rights may be restored.

  • Gubernatorial Pardon: A full pardon from the Governor can restore both state and federal firearm rights.

  • Completion of Sentence: In limited cases, completion of a sentence for a non-violent felony might allow restoration, but federal restrictions often remain.

But here’s the big question:

“Can a convicted felon ever legally own a gun again in Missouri?”

The answer is both yes and no—depending on the type of felony, the circumstances, and whether you’ve completed specific legal steps.

Restoring gun rights in Jackson County courts requires a thorough understanding of the interplay between state and federal law.

And navigating these laws without an experienced Kansas City criminal defense attorney is extremely risky. Call KC Defense Counsel today for a free and confidential case evaluation.

UNDERSTANDING THE FELON-IN-POSSESSION BAN

Missouri law and federal law both restrict firearm possession for felons, but in different ways.

Missouri State Law (RSMo 571.070): Missouri prohibits anyone convicted of any felony from possessing a firearm. Violating this statute can lead to a Class D felony or a Class C felony if the prior felony involved violence or certain drug offenses.

Penalties include:

  • Up to 7 years in prison (Class D)
  • Up to 10 years in prison (Class C)
  • Heavy fines
  • Additional federal charges

Missouri does allow restoration in some circumstances—but only state-level rights, not federal.

Federal Law (18 U.S.C. 922(g)): This is the big one. Federal law bans firearm possession by any convicted felon, with no exceptions unless rights are restored through a specific process—which the federal government hasn’t funded for decades.

This means even if Missouri restores your rights, the federal ban may still apply.

That’s why you need a lawyer who understands both systems to keep you safe.

SO… CAN A FELON LEGALLY OWN A GUN AGAIN?

Well, yes and no. Here’s the breakdown.

YES—IF Your Conviction Is Expunged

If your felony is expunged under Missouri law (RSMo 610.140), the state treats it as though it never happened. You may then be able to possess firearms legally under state law.

However, federal law is stricter.

  • A successful expungement often helps restore federal rights, but only if:
  • The conviction is fully expunged
  • All civil rights are restored
  • The expungement doesn’t expressly prohibit firearm ownership

This process is complex and requires legal guidance to avoid serious federal exposure.

If you are seeking to regain firearm privileges in Kansas City, our firm can navigate the expungement process in Clay County Circuit Court.

MAYBE—IF You Receive a Pardon

A pardon from the governor can restore firearm rights under Missouri law.

But a pardon does not always restore federal firearm rights.

A lawyer must review the terms of the pardon to determine your actual legal status.

NO—If You Have Certain Types of Felonies

You will not be eligible for firearm restoration if your felony involved:

  • Domestic violence
  • Weapons charges
  • Serious drug trafficking
  • Crimes against children
  • Violent felonies

Federal law is especially hostile to domestic violence–related convictions.

WHY TRYING TO POSSESS A GUN WITHOUT LEGAL CLEARANCE IS DANGEROUS

If you pick up a firearm before your rights are fully restored, you risk:

  • State felony charges (7–10 years)
  • Federal charges (up to 10 years, no parole)
  • Loss of probation or parole
  • Permanent lifetime bans

And Missouri police work closely with federal agencies on gun cases—especially for convicted felons.

Do not attempt to buy, borrow, hold, or even be near a firearm until speaking with a lawyer.

HOW AN EXPERIENCED KANSAS CITY CRIMINAL DEFENSE LAWYER CAN HELP RESTORE YOUR RIGHTS

Restoring gun rights isn’t simple—but it is possible in the right circumstances. At KC Defense Counsel, we help clients:

  • Determine whether their felony is eligible for expungement
  • Petition for expungement of qualifying convictions
  • Request pardons when appropriate
  • Navigate the complex overlap of Missouri and federal law
  • Avoid situations that could trigger new felony charges

You should never attempt firearm restoration alone. A single mistake can bring serious criminal exposure.

Who Is Most Likely to Get Gun Rights Restored?: Clients with:

  • Nonviolent felony convictions
  • Felonies over 7+ years old
  • No new arrests or charges
  • Completion of all probation, fines, and restitution
  • Demonstrated rehabilitation (employment, stability, etc.)

These individuals often have a strong chance of qualifying for firearm restoration through expungement.

Missouri may allow firearm rights to be restored in some circumstances, but federal law complicates the process significantly.

One wrong assumption can lead to new felony charges and years behind bars.

DON’T WAIT UNTIL IT’S TOO LATE—CALL KC DEFENSE COUNSEL TODAY

If you’re a convicted felon in Missouri and want to know whether you can legally own a firearm again, don’t guess—get answers.

Criminal charges don’t define you—but how you respond to them can shape your future. At KC Defense Counsel, our Kansas City criminal defense attorneys fight to protect your freedom and restore your reputation. We represent clients across Missouri in cases involving DUI, assault, domestic violence, drug crimes, and more. We know how stressful the legal process can be, and we’re here to guide you every step of the way. Our team uses proven legal strategies, years of courtroom experience, and a relentless commitment to results.

Call KC Defense Counsel today to schedule a free case evaluation and start building your defense. Your future deserves nothing less than the strongest possible representation.

Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland,  Drexel, Fairview,  Ferrelview,  Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview,  Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill,  Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy,  Warrensberg, Weatherby Lake, and Weston.

Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.

Contact our experienced Kansas City criminal defense lawyers near me in Missouri and let us help begin building your defense. Let us help.

Disclaimer: This page is for informational purposes only and does not create an attorney-client relationship. Always consult qualified counsel regarding your unique situation.

CAN A CONVICTED FELON OWN A GUN IN MISSOURI?

   

“Can a convicted felon ever legally own a gun again in Missouri?”

Missouri’s Gun Laws: Can a Felon Own a Firearm?

Gun rights are a major topic of concern for many Missouri residents, especially for those with a past felony conviction. Whether you’ve served your time or are currently facing criminal charges, understanding how Missouri gun laws treat firearm ownership after a felony is critical.

In short: If you are a convicted felon in Missouri, it is illegal for you to possess a firearm. This restriction can have serious consequences if violated. At KC Defense Counsel our expert Missouri criminal defense lawyers can help break down what the law says, potential penalties.

If you are facing gun charges in Missouri, hiring an experienced Kansas City criminal defense attorney is crucial to protecting your rights.

MISSOURI’S FELON-IN-POSSESSION GUN LAW

Missouri Revised Statutes 571.070 makes it a crime for any convicted felon to possess a firearm, ammunition, or even certain types of weapons like stun guns. The law applies regardless of the type of felony, even non-violent or older convictions can disqualify you from legally owning a gun.

Federal law also prohibits felons from possessing firearms under 18 U.S.C. 922(g)(1). This means a conviction in state court can trigger federal charges as well.

COMMON SCENARIOS THAT LEAD TO CHARGES

Felon-in-possession charges often arise in the following situations:

  • Traffic stops where a firearm is found in the vehicle.
  • Routine probation checks or parole visits.
  • Home searches during unrelated investigations.
  • Accidental discovery, such as a gun found during a domestic call.

Even if the weapon isn’t yours, or you didn’t know it was in the home, you can still be charged if prosecutors believe you had “constructive possession.”

What Is Constructive Possession?

In Missouri, you don’t need to physically hold a firearm to be charged. If the weapon is found in a place where you have control (like your vehicle, bedroom, or nightstand), you could be charged under the theory of “constructive possession.”

These cases are legally complex and require a skilled defense strategy.

PENALTIES FOR FELON IN POSSESSION OF A FIREARM IN MISSOURI

This offense is a Class D felony in Missouri, punishable by:

1 to 7 years in prison

  • Fines up to $10,000
  • Probation or parole restrictions
  • Federal charges, in some cases, which carry longer sentences

Repeat offenses or firearms used during another crime (like drug distribution or domestic assault) can elevate the charge and penalties.

CAN A FELON EVER GET GUN RIGHTS BACK IN MISSOURI?

Restoration of gun rights is possible, but it’s very limited and not guaranteed. Options include:

  • A gubernatorial pardon (extremely rare)
  • Setting aside the felony (only available in select cases)
  • Federal relief, which has been suspended for years

Unfortunately, Missouri’s expungement laws do not restore gun rights unless the firearm restriction is explicitly removed, something that rarely happens.

YOU NEED AN EXPERIENCED KANSAS CITY CRIMINAL DEFENSE LAWYER ON YOUR SIDE

If you’re a felon facing gun charges in Missouri, this is not a situation you should handle alone. Prosecutors are aggressive when it comes to firearm crimes, and the consequences can be life-changing.

A knowledgeable Missouri criminal defense attorney can:

  • Challenge unlawful searches or probable cause
  • Argue against constructive possession
  • Seek dismissals, diversions, or plea reductions
  • Represent you if federal charges are also on the table

NEED AN ATTORNEY IN KANSAS CITY? CALL KC DEFENSE COUNSEL

At KC Defense Counsel, we defend your rights, your freedom, and your future. If you’ve been charged with felon-in-possession or any firearm-related offense in Missouri, don’t wait.

Our affordable criminal defense attorneys in Kansas City have the skill and determination to fight your case from every angle.

Call today for a free case evaluation and take the first step toward protecting your rights.

Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland,  Drexel, Fairview,  Ferrelview,  Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview,  Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill,  Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy,  Warrensberg, Weatherby Lake, and Weston.

Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.

Contact us if your ticket is not on this list so our experienced Kansas City criminal defense lawyers near me in Missouri can be of assistance.

The Consequences of Breaking Gun Laws and How To Avoid Them – Guest Post

   

Consequences of Breaking Gun Laws

As a responsible gun owner, it’s important to not only understand the laws surrounding firearm ownership but also how breaking those laws can come with dire consequences. While owning and using guns can be a right and a privilege, it’s our duty to follow all applicable laws and regulations to ensure public safety. In this blog post, we’ll be discussing some of the consequences of breaking gun laws and how you can avoid them.

Criminal Penalties

Violating gun laws can lead to harsh criminal penalties, ranging from fines to imprisonment. Depending on the severity of the offense, and your prior convictions, you may lose your right to own or possess firearms, face community service, or have to attend mandatory firearms training. Furthermore, if you’re found to be in possession of a firearm during the commission of a crime, it can result in even harsher penalties, including longer jail sentences.

Civil Penalties

If you cause harm to someone with a firearm due to negligence or negligence per se, you may be held liable in a civil court. This means you may have to pay damages or compensation to the victim and their family, as well as legal fees for both your own and the victim’s lawyers. This can be a long and costly process that can financially ruin you and your family.

Loss of Firearm Privileges

Breaking gun laws or even being involved in certain crimes can lead to a loss of your right to own or possess firearms. This can be long-term or even permanent, which can be devastating for gun enthusiasts and hunters. A criminal record or history of domestic abuse can lead to the loss of your firearm privileges or license.

Avoiding Consequences

To avoid the consequences of breaking gun laws, it’s crucial to educate yourself on all the federal, state, and local laws and regulations surrounding gun ownership. This means knowing what permits, licenses, and certifications you need to possess and use firearms legally, as well as the safety guidelines surrounding their use. Additionally, it’s important to keep your firearms secure and out of the reach of unauthorized persons, including children.

Seek Professional Advice

If you’re unsure about any aspect of gun ownership and the laws surrounding it, it’s always best to seek the help of a professional. This can be a trusted firearms instructor, a lawyer, or a local gun club or range owner. They can help educate you on the laws and regulations and help you avoid the consequences of breaking them.

In conclusion, breaking gun laws, even accidentally or due to ignorance, can have dire consequences. It’s our duty as responsible gun owners to educate ourselves on the laws surrounding firearm ownership and use them to protect ourselves and others. The consequences of breaking gun laws can include criminal and civil penalties, loss of firearm privileges, and financial ruin. By educating ourselves, seeking professional advice, and keeping our firearms secure, we can avoid these consequences and enjoy our rights as gun owners safely and responsibly. If you have any more questions, click here for info about different types of guns to learn which ones have which rules.