Federal Criminal Defense – Felon in Possession of a Weapon

May 18, 2021
A police officer with handcuffs about to arrest a felon in possession of a weapon in Missouri.

Illegal firearms possession is a serious offense that can lead to prison time and fines. The Gun Control Act (GCA) specifies that it is unlawful for certain individuals to “ship, transport, receive, or possess firearms or ammunition.”

That includes individuals within a variety of categories such as, but not limited to:

  • Any person convicted of a felony crime that’s punishable by more than one year in prison 
  • Is a fugitive of the law
  • A user of certain controlled substances or addicted to them 
  • Individuals dishonorably discharged from the U.S. military
  • Those who have renounced their citizenship
  • Illegal aliens 
  • Convicted of a misdemeanor or felony domestic violence charges
  • Individuals currently under a restraining order for stalking, harassment, or threatening an intimate partner/’child

If you’re facing a felony gun charge, it’s in your best interest to consult with an experienced federal criminal defense lawyer in Jefferson City, Missouri, as soon as possible. 

Learn more about felony gun possession charges in Missouri below. 

Can a Federal Felon Possess a Firearm in Missouri? 

Convicted felons in possession of a firearm could be in violation of federal law and are certainly in violation of Missouri law. It’s a Class D felony for people in any of the following categories to possess a gun in Missouri. 

  • People convicted of any felony 
  • Fugitives of the law
  • Individual addicted to or illegally using controlled substances
  • People who are not mentally competent 

Not only can a convicted felon face illegal weapons charges, but those who sell a firearm to someone in the categories mentioned above can be charged with a felony. It’s important to note that you can be charged with felony gun possession charges at the state or federal level. 

Penalty For Possession of a Firearm by a Convicted Felon in Missouri – How Much Jail Time For a Gun Charge? 

People convicted of possession of a firearm by a convicted felon face up to seven years in state prison or one year in a state jail. In addition, a judge can impose fines of up to $10,000. In some cases, the court may sentence a defendant to probation instead of prison time. However, there are no guarantees. 

Penalties for felony gun possession charges can be increased if the defendant committed a violent crime with the weapon, has been convicted of prior violent, felony, or drug offenses, in addition to other aggravating factors.

If someone has a federal gun charge, the sentences can vary drastically based on many factors. This is why the accused needs an experienced federal gun charge attorney.

How Does a Federal Felon Get His Gun Rights Back?

There are very few ways for a convicted felon to regain their gun rights in Missouri. Generally, if you’re convicted of a felony illegal firearms charge, you are banned from possessing a firearm in Missouri for life. However, if your felony conviction has been expunged, set aside, or pardoned, you can potentially have your gun rights restored. 

Since it is so challenging to restore gun rights after a felony conviction, it’s imperative that you consult with a Missouri criminal defense lawyer to discuss your initial felony charges. 

Can My Spouse Own a Gun If I’m a Felon?

Technically, your spouse can own a firearm in Missouri even if you’re a felon. However, if you have access to the gun, a judge or jury might assume that you “are in possession of or have the ability to possess” the firearm at any time. You may be thinking, “How would they ever know that I had a gun in my home?”

However, it’s essential to think about unplanned situations that can happen to anyone, such as a home invasion/robbery. If you are a convicted felon who attempts to protect your family with a firearm, you could face prison time for doing so. 

Recently Charged With Illegal Firearms Possession? Contact Kirsch & Kirsch Today 

Felony gun charges can lead to devastating consequences. If you’ve been charged with possession of an illegal weapon, it’s in your best interest to consult with a battle-tested criminal defense lawyer in Cole County, Missouri. 

At Kirsch & Kirsch, we’ve successfully helped countless people defend themselves against felony charges in Missouri. Our criminal defense lawyers are skilled, experienced, and ready to fight for your freedom. 

If you’re facing felony gun charges in Missouri, contact the criminal defense lawyers at Kirsch & Kirsch today at 573-222-0826 for your confidential consultation.