Missouri is one of the easier states to own and carry a gun, which is why so many people are caught off guard by a weapons charge in Cole County. If you’re looking for a Jefferson City gun charge lawyer, start with this: Missouri’s permissive carry laws have hard edges, and the penalties on the other side of them include felony prison terms, mandatory minimums, and in some cases a federal prosecution. At Kirsch & Kirsch, LLC, T.J. and Erin Kirsch defend people charged with weapons offenses in Jefferson City and across central Missouri, and they’ll tell you plainly where your case stands.
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Where Missouri Gun Law Draws the Line
Most adults who can legally own a firearm in Missouri don’t need a permit to carry it concealed. The charges come from the exceptions. Missouri’s unlawful use of a weapon statute lists eleven kinds of prohibited conduct, and the penalty depends on which one the state alleges:
| Conduct | Offense class | Maximum sentence |
|---|---|---|
| Carrying concealed into a restricted area, church, polling place, or government building | Class B misdemeanor | 6 months in jail |
| Carrying onto school property or a school bus, or handling a gun negligently while intoxicated (unloaded) | Class A misdemeanor | 1 year in jail |
| Same conduct with a loaded firearm | Class E felony | 4 years in prison |
| Exhibiting a weapon in an angry or threatening manner | Class E felony | 4 years in prison |
| Having a firearm while possessing a felony amount of a controlled substance | Class E felony | 4 years in prison |
| Shooting from a vehicle, or at a person, vehicle, or building | Class B felony | 5 to 15 years in prison |
| Same conduct when someone is injured or killed | Class A felony | 10 to 30 years or life |
Those ranges come from Missouri’s authorized terms of imprisonment. The jump between rows is the point: the same firearm can mean a misdemeanor or years in prison depending on where it was, whether it was loaded, and what else was going on.
Unlawful Possession of a Firearm and Felon in Possession
Under Missouri’s unlawful possession statute, it’s a crime to knowingly possess any firearm if you’ve been convicted of a felony in any state or federal court, if you’re a fugitive from justice, if you’re habitually intoxicated or drugged, or if you’ve been adjudged mentally incompetent. The prior felony doesn’t need to involve violence; a decades-old drug or property felony counts.
Unlawful possession is a class C felony, carrying three to 10 years. It becomes a class B felony if the person has a prior dangerous felony or a prior conviction for unlawful possession. These cases often start with a stop or search for something unrelated.
Armed Criminal Action: The Charge Stacked on Top
When a felony is committed with a deadly weapon or dangerous instrument, Missouri prosecutors routinely add a second count under section 571.015 of the Missouri statutes. That’s how armed criminal action stacks additional prison time onto the underlying charge: its sentence is served consecutively to the sentence for the felony itself.
A first offense carries three to 15 years, or at least five years if the person was also unlawfully possessing the firearm. The statute bars parole, probation, and suspended sentences for the first three years. Repeat offenses carry longer minimums. Whether this count stays in the case often shapes every negotiation that follows.
When a Gun Case Becomes a Federal Case
Federal law reaches further than Missouri law in one important way. Under 18 U.S.C. § 922(g), people convicted of a misdemeanor crime of domestic violence, unlawful users of controlled substances, and people subject to certain protective orders are also barred from possessing firearms, along with anyone convicted of a crime punishable by more than a year in prison. A violation carries up to 15 years in federal prison.
Federal felon in possession charges from central Missouri are prosecuted in the U.S. District Court for the Western District of Missouri, which sits in Jefferson City. Federal cases follow the federal sentencing guidelines and leave less room for the resolutions available in state court.
Carrying a Firearm in Your Vehicle
A large share of Cole County weapons cases begin at a traffic stop. The rules for carrying a firearm in your vehicle in Missouri are more permissive than many drivers expect, and a handgun in the console is often lawful. The same stop can still turn into a charge if the driver is legally prohibited from possessing a firearm, is intoxicated, has drugs in the car, or is headed somewhere guns aren’t allowed.
How We Defend Weapons Charges
The strongest defenses usually come from a few places:
- The stop and the search. If officers lacked a lawful reason to stop you or search your car or home, a motion to suppress can keep the firearm out of evidence.
- Possession. A gun found under a seat in a shared car or in a common area of a house doesn’t prove it was yours. The state has to show you knew about it and controlled it.
- The prior record. For possession charges, we check whether a prior case legally counts as a disqualifying conviction. That isn’t always obvious in Missouri, where a suspended imposition of sentence is treated differently from a conviction for many purposes.
- Justification. Missouri recognizes the right to use force in self-defense and defense of others under specific conditions.
Frequently Asked Questions
Can a convicted felon own a gun in Missouri?
No. Missouri law makes it a class C felony for anyone convicted of a felony under state or federal law to knowingly possess a firearm, and a class B felony for people with a prior dangerous felony or prior unlawful possession conviction. Federal law separately bars felons from possessing firearms.
Is unlawful use of a weapon a felony in Missouri?
It depends on the conduct charged. Unlawful use of a weapon in Missouri ranges from a class B misdemeanor, for carrying concealed into a restricted location, to a class E, B, or A felony for conduct like threatening exhibition or shooting from a vehicle. The specific subdivision in the charging document controls the penalty.
Does Missouri require a permit to carry a concealed gun?
Missouri generally doesn’t require a permit to carry a concealed firearm, but carrying into restricted locations is still a crime. Missouri still issues concealed carry permits for people who want one.
What is armed criminal action in Missouri?
Armed criminal action is a separate Missouri felony charged when someone commits another felony with a deadly weapon or dangerous instrument. A first offense carries three to 15 years, served consecutively to the underlying sentence, with no parole or probation eligibility for the first three years.
Can I own a gun in Missouri with a misdemeanor domestic violence conviction?
Usually not. Missouri’s unlawful possession statute focuses on felonies, but federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing a firearm. A violation carries up to 15 years in federal prison.
Get a Straight Assessment of Your Weapons Charge
T.J. Kirsch has focused on criminal defense since law school at Saint Louis University School of Law, where he concentrated in criminal litigation. Erin Kirsch previously served as an Assistant Attorney General, so she knows how prosecutors build and value a case. The firm holds a 4.8-star rating from clients, and every case is prepared as though it will go to trial.
No attorney can promise how a weapons case will end, and results depend on the facts. What you’ll get is a direct, realistic assessment. Call Kirsch & Kirsch, LLC at 573-222-0826 or visit our office at 214 E McCarty St in Jefferson City.