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Kansas City Criminal Defense

Unlawful Use of a Weapon Defense Attorney

Missouri's UUW statute is one of the broadest weapons laws in the state — covering everything from displaying a firearm in anger to possessing a gun while intoxicated. Penalties range from a Class B misdemeanor to a Class B felony carrying 5 to 15 years. Even legal gun owners can face serious charges under this law.

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What Is Unlawful Use of a Weapon in Missouri?

RSMo §571.030 is one of the broadest weapons statutes in Missouri criminal law. Unlike unlawful possession of a firearm — which targets who has the weapon — UUW targets how the weapon is used, carried, or displayed. The statute contains multiple subsections, each covering different conduct and carrying different penalties. A single act can trigger charges under multiple subsections simultaneously.

What makes UUW especially dangerous for legal gun owners is that Missouri is a constitutional carry state — meaning you can legally carry a firearm without a permit. But the line between lawful carry and unlawful use is thinner than most people realize. Displaying a firearm during an argument, having a gun while intoxicated, or firing a weapon from a vehicle all constitute UUW — even if you legally own the gun and have every right to carry it under normal circumstances.

Common Types of UUW Charges

The UUW statute covers a wide range of conduct. These are the subsections we see most frequently in the Kansas City metro:

Key Subsections of RSMo §571.030

  • Exhibiting (Subsection 4) — Class E Felony: Displaying or brandishing a weapon in an angry or threatening manner. This doesn't require firing the weapon — simply showing it during a confrontation or argument is enough. Up to 4 years in prison.
  • Possessing while intoxicated (Subsection 5) — Class E Felony: Having a firearm while under the influence of alcohol or drugs. You don't have to fire or display the weapon — simply having it on your person while intoxicated qualifies. Up to 4 years in prison.
  • Discharging along a highway or into a dwelling (Subsection 1) — Class D Felony: Firing a weapon along a public highway, or from a vehicle into a building or habitable structure. 1 to 7 years in prison.
  • Shooting from a motor vehicle (Subsection 9) — Class B Felony: Discharging a firearm from a motor vehicle at a person, vehicle, or building. This is the most serious UUW subsection — 5 to 15 years in prison with no probation.
  • Carrying into a restricted area (Subsection 7) — Class B Misdemeanor: Carrying a weapon into courthouses, polling places, government buildings, or other restricted locations. Up to 6 months in jail.

Because the subsections carry dramatically different penalties — from 6 months in jail to 15 years in prison — correctly identifying which subsection applies to your case is critical. Prosecutors sometimes charge under a more serious subsection than the facts support, and challenging that characterization is a core defense strategy.

How UUW Differs from Other Weapons Charges

Key Distinctions

  • UUW (RSMo §571.030): Focuses on how a weapon is used, carried, or displayed. You can be a legal gun owner and still be charged with UUW based on your conduct.
  • Unlawful Possession of a Firearm (RSMo §571.070): Focuses on who has the weapon. Applies to convicted felons and other prohibited persons. A status-based charge, not a conduct-based charge.
  • Armed Criminal Action (RSMo §571.015): An add-on charge filed when a weapon is used during a separate felony. ACA always requires an underlying felony — UUW is a standalone offense.

A single incident involving a firearm can result in charges under all three statutes — UUW for how the weapon was used, unlawful possession if the defendant is a convicted felon, and ACA if the conduct constituted a separate felony. Each charge carries its own penalties and must be defended independently.

Common Scenarios That Lead to UUW Charges

How UUW Cases Typically Start

  • Arguments and confrontations: Displaying a firearm during a heated argument — even without firing it — is the most common basis for UUW charges in the KC metro. Neighbors, partners, road rage incidents, and bar confrontations all frequently result in "exhibiting" charges.
  • Being armed while intoxicated: Carrying a gun at a bar, a party, or while visibly intoxicated in public. You don't have to do anything threatening — possession while intoxicated alone is a felony.
  • Negligent discharge: Accidentally firing a weapon — at home, in an apartment complex, or during a celebration. Even unintentional discharge can result in UUW charges depending on where it occurred.
  • Shooting from or near a vehicle: Firing a weapon from a car — whether at another vehicle, into the air, or in a road rage incident. This triggers the most serious UUW subsection (Class B felony).
  • Carrying into a prohibited location: Walking into a courthouse, government building, school, or other restricted area while armed — sometimes without realizing the location is restricted.

Collateral Consequences

A felony UUW conviction does more than result in prison time. Under both Missouri and federal law, a felony conviction permanently prohibits you from possessing firearms — meaning the very weapon that led to the charge becomes illegal for you to ever own again. For hunters, sport shooters, and anyone who values their Second Amendment rights, this consequence is devastating and permanent.

A felony UUW conviction also creates barriers to employment, housing, and professional licensing — the same collateral consequences that follow any felony on your record.

Common Defense Strategies for UUW

UUW cases are highly fact-dependent — the specific subsection charged, the circumstances of the incident, and whether the weapon was lawfully possessed all shape the defense. Here are the strategies we use most frequently:

Self-Defense / Justification

Missouri's Castle Doctrine and Stand Your Ground laws protect individuals who display or use a weapon in legitimate self-defense. If you reasonably believed you or someone else was in imminent danger, the display or use of a weapon may have been legally justified — and justified conduct is not unlawful use.

Challenging the "Angry or Threatening" Element

The exhibiting subsection requires proof that the weapon was displayed in an angry or threatening manner. If you were showing someone your firearm, adjusting your holster, or the weapon was accidentally visible, the "angry or threatening" element is not met. Context matters — and prosecutors often strip away context to make the conduct seem more threatening than it was.

Challenging the Subsection Charged

Different subsections carry dramatically different penalties. We challenge whether the conduct actually fits the subsection the prosecutor charged. If the facts only support a Class B misdemeanor but the State filed a Class D felony, we push for a reduction to the appropriate level — or a dismissal.

Challenging Intoxication Evidence

For UUW while intoxicated charges, the State must prove you were actually intoxicated at the time you possessed the weapon. We challenge the basis for the intoxication determination — was a blood or breath test administered? How long after the incident? Was the officer's observation reliable? Without solid proof of intoxication, the charge fails.

Suppression of Evidence

Many UUW cases begin with a traffic stop, a noise complaint, or a domestic disturbance call. If law enforcement searched you, your vehicle, or your home without proper legal authority — no warrant, no probable cause, no valid consent — the weapon itself may be suppressible. Without the weapon in evidence, the State's case collapses.

Witness Credibility and False Reports

UUW "exhibiting" charges often start with a 911 call from someone involved in the same argument — an ex-partner, a neighbor, a driver in a road rage incident. The caller has a motive to exaggerate or fabricate. We investigate the accuser's credibility, identify inconsistencies, and challenge the one-sided narrative that led to your arrest.

How UUW Cases Are Handled in Kansas City

Unlawful use of a weapon is one of the most commonly charged firearms offenses in the Kansas City metro. Jackson County prosecutors file UUW charges frequently — particularly the "exhibiting" subsection, which covers displaying a weapon in an angry or threatening manner. These charges often arise from domestic disputes, road rage incidents, and neighborhood confrontations where a firearm was involved but never fired.

In many cases, UUW is charged alongside other offenses — domestic assault, assault, peace disturbance, or Armed Criminal Action. The combination of charges creates significant sentencing exposure and complicates plea negotiations. Understanding how each charge interacts and which ones carry the most leverage is essential to building an effective defense strategy.

The Hartley Law Firm handles UUW cases across Jackson, Clay, Platte, and Cass Counties. We know how prosecutors in each jurisdiction approach these charges, which subsections they tend to file most aggressively, and where the opportunities lie for reduction, dismissal, or acquittal.

Courts Where We Defend UUW Cases

The Hartley Law Firm handles unlawful use of a weapon cases across the Kansas City metropolitan area.

Jackson County

The highest volume of UUW cases in the metro. "Exhibiting" charges from domestic disputes and confrontations are among the most common weapons filings at the Jackson County Courthouse.

Clay County

Cases heard at the Clay County Courthouse in Liberty. UUW charges from the Northland often arise from neighborhood disputes, road rage, and incidents involving firearms while intoxicated.

Platte County

Cases handled at the Platte County Courthouse in Platte City. We defend UUW charges from Parkville, Riverside, and throughout the county.

Cass County

Cases heard at the Cass County Courthouse in Harrisonville. UUW charges from Belton, Raymore, and the southern metro area.

Frequently Asked Questions About UUW Charges

Can I be charged with UUW if I legally own the gun?
Yes. UUW is about how you use, carry, or display the weapon — not whether you're legally allowed to own it. Missouri is a constitutional carry state, meaning you can legally possess and carry a firearm without a permit. But if you display that firearm in anger, carry it while intoxicated, or fire it recklessly, you can be charged with UUW regardless of your ownership rights.
What does "exhibiting" a weapon mean?
Under subsection 4 of the UUW statute, exhibiting means displaying, showing, or brandishing a weapon in an angry or threatening manner in the presence of one or more people. You don't have to fire the weapon or point it at someone — simply lifting your shirt to reveal a holstered gun during an argument, pulling a weapon out of your waistband, or holding a firearm where someone can see it during a confrontation can all constitute exhibiting.
What if I was just showing someone my gun and wasn't threatening them?
Context matters. The statute requires the display to be "angry or threatening." If you were showing a friend your new firearm at a barbecue and a neighbor called 911, the angry/threatening element may not be met. We investigate the full context — not just the moment police arrived — to establish that the display was not aggressive or threatening.
Can I be charged with UUW for having a gun at a bar?
Yes. Possessing a firearm while intoxicated is a Class E felony under subsection 5 — regardless of whether you displayed the weapon or behaved threateningly. If police discover you're carrying a firearm and you appear intoxicated (or blow over the legal limit), you can be charged even if the gun never left the holster.
What's the difference between UUW and unlawful possession of a firearm?
UUW focuses on conduct — how the weapon was used or displayed. Unlawful possession focuses on status — whether the person is legally prohibited from having a firearm (convicted felons, fugitives, etc.). A legal gun owner can be charged with UUW. A convicted felon can be charged with unlawful possession simply for having a gun, regardless of how they used it.
Will a UUW conviction affect my gun rights?
If the conviction is a felony — which most UUW subsections are — you will permanently lose your right to possess firearms under both Missouri and federal law. This is one of the most significant consequences of a UUW conviction and one of the strongest reasons to fight the charge aggressively.
Can a UUW charge be dismissed if I was acting in self-defense?
Yes. Missouri's Castle Doctrine and Stand Your Ground laws provide legal protection for individuals who display or use a weapon in self-defense. If you reasonably believed you or someone else was in imminent danger, your conduct may have been legally justified. Justified use of a weapon is not unlawful use — and self-defense is a complete defense to UUW charges.
How quickly should I hire an attorney after being charged with UUW?
Immediately. UUW cases often depend on witness statements, 911 call recordings, and surveillance footage — all of which need to be preserved and reviewed quickly. Early involvement allows your attorney to interview witnesses while their memories are fresh, challenge the circumstances of the arrest, and begin building your defense before the prosecutor's narrative solidifies. Call The Hartley Law Firm at 816-451-0909 for a free consultation.

Charged with Unlawful Use of a Weapon?

A felony UUW conviction means prison time and a permanent loss of your gun rights. Call The Hartley Law Firm today for a free consultation.

Book Your Free Consultation Or call now — 816-451-0909