Kansas City Weapons Defense Attorney
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Weapons Offense in Missouri
Possession of a firearm is legal in Missouri in most circumstances. However, there are restrictions about who can own or possess a firearm and where they can be stored/displayed.
Missouri Prohibitions on Firearm Possession
Federal law prohibits anyone who has been convicted of a felony or convicted of a misdemeanor crime of domestic violence from possessing firearms. Similarly, Missouri law prohibits the following groups from holding and possessing firearms:
- Any person convicted of a felony under Missouri law or a crime under any other state’s laws or federal law which, if committed in Missouri, would be classified as a felony;
- A fugitive from justice;
- A person habitually in an intoxicated or drugged condition; or
- A person currently adjudged mentally incompetent.
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Unlawful Use of a Weapon in Missouri
Unlawful use of a weapon in Missouri is most commonly a felony charge, sometimes with mandatory minimum prison sentences depending on the charge. Unlawful use of a weapon can be split into 3 categories:
- Illegally possessing a deadly weapon
- Illegally displaying a weapon
- Illegally using a weapon
There are numerous places that it is not legal to carry a weapon in Missouri. These include but are not limited to: Within 25 feet of a polling place on election day; In any church, mosque, or other place of worship without the consent of the religious organization operating the place of worship; within any sports stadium with a capacity of 5,000 or more; and more. Moreover, possessing a firearm while intoxicated or while possessing a controlled substance could lead to a charge of unlawful use of a weapon in Missouri.
While you may openly carry a firearm in Missouri, and you may carry a concealed firearm with a proper permit, you cannot display or exhibit one in an angry or threatening manner towards other people. Doing so may result in someone being charged with the class E felony of unlawful use of a weapon.
Finally, you will be charged with unlawful use of a weapon if you fire a firearm into a house/other dwelling, at a motor vehicle or boat, across a public highway, or within 100 yards of a school, place of worship, or other prohibited area. Because these types of charges carry a significant danger of very serious harm to another person, these types of charges often carry with them mandatory prison sentences.
Felon in Possession Charges in Missouri
In Missouri and other parts of the United States it is illegal to be a felon in possession of a firearm. Felons cannot legally own guns. There is a felon in possession of a firearm federal statute and a felon in possession of a firearm Missouri statute. If you are a felon that has been caught in possession of a firearm, then you may have committed another felony and will need a criminal defense lawyer to defend your case.