WEAPONS OFFENSES

Being Charged with a Weapons Offense in Missouri: What You Need to Know

Being charged with a weapons offense in Missouri can have serious legal consequences, including fines, imprisonment, and a permanent criminal record. Missouri has strict laws governing the possession, use, and trafficking of firearms and other weapons. Understanding the types of weapons offenses, the potential penalties, and the defenses available is crucial if you are facing such charges.

Common Weapons Offenses in Missouri

Missouri law defines various weapons offenses, each carrying different degrees of severity. Some of the most common weapons offenses include:

1. Unlawful Possession of a Firearm (RSMo 571.070)

• It is illegal to possess a firearm if you have been convicted of certain crimes, such as felony offenses or domestic violence offenses, or if you are subject to a protective order. (571.070)
• A conviction for unlawful possession of a firearm is typically classified as a Class D felony, punishable by 1 to 7 years in prison.
• Exemptions: Some individuals, such as those who have had their civil rights restored, may be eligible to possess firearms again under certain circumstances.

2. Armed Criminal Action (RSMo 571.015)

• Armed criminal action is an accompanying charge under Missouri law, meaning it will never be charged by itself. It will allows accompany another charge. For instance, you could be charged with assault in the first degree and armed criminal action, but you will never be charged with just armed criminal action.
• Armed criminal action involves committing a felony using a deadly weapon or a dangerous instrument. (571.015)
• Armed criminal action is an Unclassified felony, punishable by no less than 3 years in prison and not more than 15 years in prison for a first time offense.
• Subsequent convictions of armed criminal action will increase the minimum time in prison and the maximum allowable sentence.
• If convicted of armed criminal action, the person convicted would be ineligible for probation, parole, conditional release or suspended imposition of sentence or suspended execution of sentence until the minmum amount of time allowable under the sentence has passed. 

3. Unlawful Use of a Weapon (RSMo 571.030)

• Missouri law makes it illegal to use a firearm or other deadly weapon in a threatening manner, or in a way that creates a substantial risk of injury or harm to another person. (571.030).
• This includes discharging a firearm into a building, vehicle, or in a manner that poses a risk to others.
• Unlawful use of a weapon is an extensive statute that ranges in punishment from a Class B misdemeanor all the way up to a Class A felony. It is important to discuss the particulars of your specific case and the conduct involved with a qualified attorney.

4. Unlawful Possession, Manufacture, Transport, Repair, or Sale of Certain Weapons (RSMo 571.020)

• Missouri law prohibits the possession, manufacture, transport, repair, or sale of certain weapons including explosive weapon, an incendiary or poison substance or material, or any weapon or weapon part prohibited by Federal Law. (571.020)
• It is classified as a Class D felony, punishable by 1 to 7 years in prison, or a Class A misdemeanor, punishable by up to 1 year in jail.

Penalties for Weapons Offenses

Penalties for weapons offenses in Missouri vary depending on the offense and the circumstances. They generally include:

• Misdemeanors: For less severe offenses, such as carrying a concealed weapon without a permit, you may face up to 1 year in jail and fines.
• Felonies: More serious charges, such as assault with a firearm, possession by a felon, or trafficking weapons, are felonies. These charges can result in multiple years in prison, fines, and a permanent criminal record.
• Enhanced Penalties: Certain aggravating factors, like having prior felony convictions or committing a weapons offense during the commission of another crime (e.g., robbery or assault), can lead to enhanced penalties.

Defenses Against Weapons Charges

If you are charged with a weapons offense in Missouri, there are several potential defenses that can be used in your case, including:

1. Lack of Knowledge: If you were unaware that you were in possession of an illegal weapon (for example, if the weapon was not yours or you didn’t know it was illegal), this may be a viable defense.
2. Unlawful Search and Seizure: If the police violated your constitutional rights by conducting an unlawful search or seizure, evidence obtained during that search may be inadmissible in court.
3. Self-Defense: If you used a weapon to defend yourself or someone else from immediate harm, you may have a valid self-defense claim, especially in cases of assault or illegal use of a weapon.

Importance of Legal Representation

Weapons charges in Missouri can carry serious consequences, including lengthy prison sentences, substantial fines, and a permanent criminal record. If you are facing a weapons offense charge, it is essential to seek experienced legal counsel as soon as possible. A skilled criminal defense attorney can help you understand the specific charges against you, explore potential defenses, negotiate with prosecutors, and work toward the best possible outcome in your case.

The legal complexities surrounding weapons offenses require careful attention to detail, especially given the serious nature of these crimes. Having a knowledgeable attorney on your side can make a significant difference in the outcome of your case, whether it involves challenging the evidence, securing a plea agreement, or pursuing a trial. Call my office today to schedule a free case consultation.