In Missouri, if there is a convicted felon in possession of a firearm, they will face legal repercussions under Missouri Revised Statutes Section 571.070. That law prohibits any person with a felony conviction from owning, possessing, or having control over any firearms or ammunition.
Breaking the above law is a Class C felony. It carries a prison term of three to ten years. It can also carry a fine of up to $10,000. In addition to Missouri law, federal law also prohibits individuals with certain criminal backgrounds from possessing firearms.
Risks/Penalties: A prior record can raise the charge. If you have a past dangerous felony, or a prior conviction for unlawful gun possession, the offense becomes a Class B felony. A Class B felony carries five to fifteen years in prison. Federal law can add its own penalty on top of the state charge.
The state and federal ban on firearm possession by felons aims to prevent people with serious criminal histories from obtaining weapons. Further, given the seriousness of the criminal offense, law enforcement officers will usually arrest and detain felons found with a firearm on the spot.
In turn, this may result in additional felony charges. After their arrest, the individual will then attend a court hearing where the charges against them will be formally presented, and the judge may also set their bail. The criminal process will then continue with their arraignment, pre-trial motions, plea negotiations, and potentially a criminal trial.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
In Missouri, the minimum sentence for a felon found in possession of a firearm is three years in prison. This is because the offense is a Class C felony. The range for a Class C felony runs from three years up to ten years.
In addition to a lengthy prison sentence, individuals convicted of this offense may also face criminal fines that can go up to $10,000. It’s important to note that these criminal penalties reflect the state-level consequences.
On the federal level, felons found in possession of firearms may be subject to additional penalties under federal law, which can also carry severe consequences, such as longer prison sentences and additional fines.
Federal law prohibits felons from possessing firearms under 18 U.S. Code Section 922(g), which makes it illegal for any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to possess any firearm or ammunition.
The penalties for violating this federal statute can include imprisonment for up to ten years, although this can be even longer if certain aggravating factors are present. Aggravating factors may include previous convictions for violent felonies or serious drug offenses. In these cases, the sentence can be increased to a minimum of 15 years without parole.
State Variations: Gun laws differ from state to state. Each state sets its own rules for who may own a firearm and how lost rights are restored. One state does not have to honor a restoration granted by another. A person cleared in Missouri may still be barred in another state, or under federal law. It is smart to check the rules of any state where you plan to have a gun.
Overall, both Missouri state laws and federal laws impose severe penalties on felons found in possession of firearms to deter individuals with criminal backgrounds from accessing weapons and to enhance public safety.
Can a Felon Be Around a Person With a Gun?
In Missouri, it is illegal for a felon to be in possession of a firearm, which includes both actual and constructive possession. Actual possession means having the firearm physically on their person, while constructive possession means having the power and intention to control the firearm, even if it is not physically in their possession.
Due to these legal restrictions, a felon must be cautious about being around individuals who have firearms. For instance, if a felon is found in a situation where they have access to a firearm, such as being in the same vehicle or residence where the firearm is easily accessible, they could be charged with violating Missouri Revised Statutes Section 571.070.
Additionally, under federal law (18 U.S. Code Section 922(g)), it is illegal for anyone who has been convicted of a crime punishable by imprisonment for more than one year to possess firearms or ammunition.
Given these stringent laws, it is important for felons to avoid situations where they might come into contact with firearms. If a felon is living with someone who legally owns a firearm, measures should be taken to ensure that the felon does not have access to or control over the firearm at any time. This may include securely storing the firearm in a locked safe that the felon cannot access.
Ultimately, understanding and adhering to these legal restrictions is crucial for felons to avoid additional legal complications and to ensure public safety. It is recommended to consult with an attorney should you have any questions regarding whether or not someone you live with having a weapon could result in you facing criminal charges.
What Weapons Can a Felon Own To Protect Themselves?
In Missouri, felons are generally prohibited from owning or possessing firearms and ammunition due to Missouri Revised Statutes Section 571.070. However, there is an exception to this rule for antique firearms.
An antique firearm is typically defined as a firearm manufactured before 1899, or a replica of such a firearm that does not use modern ammunition. These firearms are considered collectibles and are not subject to the same regulations as modern firearms.
As a result, felons in Missouri may legally own antique firearms. However, it is important to note that they must still comply with all other applicable laws and regulations regarding the possession and use of such weapons. This means that while they may own an antique firearm, they cannot use it in a way that would violate other laws, such as carrying it in public or using it to commit a crime.
It is also worth mentioning that felons may explore other means of self-defense that do not involve firearms, such as:
- Non-lethal self-defense tools: Felons can consider carrying items such as pepper spray, stun guns, or personal alarms for protection
- Home security measures: Felons can invest in home security systems, such as alarms, cameras, and motion detectors, to enhance the safety of their living environment
- Self-defense training: Felons can take self-defense classes to learn techniques for protecting themselves in dangerous situations
Once again, it is crucial for felons to be aware of the specific laws and regulations in their state and to seek legal advice from a local Missouri attorney if they have any questions or concerns about their legal rights and restrictions regarding firearm possession and self-defense measures.
Can a Felon’s Gun Rights Be Restored?
In Missouri, a felon may be able to get firearm rights back. But there is no single “restore my gun rights” form to file. Rights come back through one of two main paths instead.
The first path is expungement. If a court clears (expunges) the felony that caused the ban, your Missouri gun rights are usually restored. Not every felony can be cleared this way. Violent felonies, Class A felonies, sex offenses, and several others never qualify. Many nonviolent felonies, such as some theft or drug crimes, can qualify.
Additional Considerations
Process/Steps: You file a petition to expunge the underlying felony. You file it in the county where the conviction happened. The prosecutor gets a chance to object. A judge then decides whether to grant it.
Timelines: For a felony, you must wait at least three years after you finish your full sentence. That includes any probation or parole. You also must avoid new convictions during that time.
Costs/Fees: Missouri charges a $250 fee to file an expungement petition. A judge can waive this fee if you cannot afford it. Attorney fees may apply if you hire a lawyer.
Evidence/Documents: Your petition should show that you qualify. Useful records include proof that you finished your sentence and paid all fines and restitution. The court also looks at whether you have stayed out of trouble.
The second path is a pardon from the Governor of Missouri. A pardon can restore both state and federal gun rights. Pardons are rare and are granted only in special cases.
Getting your gun rights back is not the same as erasing the conviction for all purposes. State relief also may not restore your rights under federal law. A lawyer can help you find out which path, if any, fits your situation.
The Importance of Hiring a Lawyer: Facing this charge alone is risky. The law is hard to read, and small mistakes can hurt your case. Without a lawyer, you might miss a defense that could help you. You could also say something to the police that makes things worse. A lawyer knows the rules of evidence and can challenge weak proof. They can also work to lower the charge or get it dropped.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you have a felony conviction and are now facing charges for firearm possession in Missouri, it is recommended to consult with a Missouri criminal lawyer immediately. LegalMatch can assist you with arranging an initial legal consultation with an attorney near you.
A criminal attorney will be able to guide you through Missouri’s specific laws on firearm possession for felons, as well as provide you with competent representation throughout the criminal legal process. They can also assist in restoring your firearm rights if they have been revoked.
Additionally, an attorney will also be able to ensure that your legal rights are protected and strive to achieve the best possible outcome for your case. This may involve getting the charges being brought against you dropped or negotiating a plea deal on your behalf. Finally, an attorney can also represent you at any in-person hearing, if a hearing becomes necessary.
