Category: Gun Laws

CAN A CONVICTED FELON OWN A GUN IN MISSOURI?

  

GUN

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.