UNLAWFUL POSSESSION OF A FIREARM
UNLAWFUL pOSSESSION OF A FIREARM
OVERVIEW
If police arrested you for unlawful possession of a firearm in Missouri, you’re facing serious consequences. Prosecutors don’t go easy on gun charges—even when there’s no violent crime involved. In Kansas City, law enforcement actively pursues these cases, and the courts hand down harsh sentences, especially for anyone with a prior felony.
As experienced Kansas City criminal defense lawyers, we defend clients who’ve been charged with unlawful gun possession. Whether this is your first offense or you’re facing a felony as a repeat offender, we know how to challenge these charges and fight to protect your rights and your future.
WHAT COUNTS AS UNLAWFUL POSSESSION OF A FIREARM IN MISSOURI?
Under Missouri law (RSMo § 571.070), several situations can lead to an unlawful possession charge—even if you never fired or brandished a weapon. Police and prosecutors often charge people for:
Possessing a firearm after a felony conviction
Carrying a gun while adjudged mentally incompetent
Being in possession while a fugitive from justice
Carrying while habitually intoxicated or impaired
Keep in mind, Missouri law doesn’t require the gun to be physically on you. If the firearm is in your car, backpack, home, or even within reach, prosecutors may argue that you had “constructive possession.” That means you can face criminal charges even if someone else owns the gun.
PENALTIES
Missouri classifies unlawful firearm possession as a felony, and the penalties depend on your record and the circumstances:
Class D Felony – Standard charge for first-time offenders. You could face up to 7 years in prison and a $10,000 fine.
Class C Felony – If you’ve been convicted of certain violent felonies or drug crimes, the charge may rise to a Class C felony, which carries 3 to 10 years in prison.
Enhanced Sentences – If you’re a repeat offender or involved in gang-related activity, prosecutors may seek enhanced penalties or mandatory prison time.
A conviction can also result in losing your gun rights permanently, along with restrictions on employment, housing, and your ability to vote.
COMMON SCENARIOS WE SEE
Most of our clients never expected to face a felony for gun possession. We regularly defend cases involving:
Guns found during traffic stops
Firearms discovered after domestic violence calls
Police searches tied to drug investigations
Weapons uncovered during probation or parole checks
Situations where the firearm belonged to someone else in the home or vehicle
No matter how your case started, we will work to uncover every detail and challenge the government’s version of the story.
DEFENSES AGAINST POSSESSION CHARGES
Our defense team tailors each strategy to the facts of your case. Some of the most effective defenses we use include:
Challenging illegal searches and seizures
Proving the gun didn’t belong to you or wasn’t in your control
Attacking chain-of-custody issues with the firearm
Arguing lack of knowledge or intent to possess
Showing that the weapon qualifies for an exception (e.g., antique firearm)
We also explore whether you qualify for alternatives to prison such as probation, diversion programs, or early gun rights restoration.
HOW WE CAN HELP
Facing an unlawful possession of a firearm charge can be overwhelming—but you don’t have to face it alone. At The Hartley Law Firm, we bring experience, strategy, and results-driven advocacy to every case we handle. No matter the charge, we’re here to fight for you!
Here’s what we do for you:
1. Thorough Case Evaluation
We’ll start by reviewing the details of your arrest, the alleged conduct involved, and how law enforcement conducted the search or seizure. Our team looks for any legal flaws, rights violations, or procedural mistakes that could lead to a dismissal or suppression of evidence.
2. Build a Tailored Defense Strategy
No two cases are the same. We develop a defense strategy based on the specific facts of your case—whether that means challenging constructive possession or arguing unlawful police conduct.
3. Negotiate on Your Behalf
In many cases, we can negotiate reduced charges, alternatives to jail, or entry into diversion program. Our relationships with local prosecutors and our knowledge of Missouri’s legal system give us a strong negotiating position on your behalf.
4. Relentlessly Fight for You in Court
If your case goes to trial, we’re ready to defend you in court. We have the trial experience and legal skill necessary to challenge the evidence, cross-examine witnesses, and advocate for a not guilty verdict.
5. Protect Your Rights and Your Freedoms
A conviction can affect your job, housing, education, and even your right to vote or own a firearm. Our goal is to help you avoid a criminal record or minimize the long-term impact of these charges on your life.
FREQUENTLY ASKED QUESTIONS
Can I be charged if the gun wasn’t on me?
Yes. Missouri law allows for “constructive possession,” which means you can be charged if the gun was near you and you had control over the area.
Can I own a gun if I had a felony in the past?
No. Missouri bars anyone with a felony conviction from possessing firearms. You could face a new felony for even holding a gun, regardless of when the previous conviction happened. However, you might be able to restore your rights under the law, depending on the conviction and the circumstances surrounding it.
What happens if I’m on probation or parole?
Being caught with a gun while on probation or parole can trigger a violation and new charges. We work to fight both the underlying offense and the probation revocation.
Can I get my gun rights back?
Possibly. Depending on your conviction, the time that has passed, and whether you meet certain conditions, you may qualify for restoration. We can review your record and walk you through your options.
ATTENTION: Nothing in this article is meant to be construed as legal advice and does not constitute an attorney-client relationship. The choice of an attorney is an important decision and should not be based solely on advertisements.