WEAPONS CRIMES
COMMON WEAPONS CRIMES IN KANSAS CITY
UNLAWFUL POSSESION OF A FIREARM (FELON IN POSSESSION)
Missouri law makes it illegal for anyone previously convicted of a felony to possess a firearm. If found guilty, a person convicted of a unlawful possession of a firearm faces up to seven years in the Missouri Department of Corrections and potentially a fine of up to $10,000.
Missouri law distinguishes between two types of possession: actual possession and constructive possession. Actual possession means exactly what you might think it means: you’re actually possessing the gun. An example of actual possession would be a gun in your waistband. Constructive possession is often a bit hard for people to understand. Constructive possession is means that you have “dominion and control” over the gun. An example of constructive possession would be a gun found in the trunk of your car.
Regardless of the form of possession you’re alleged to have had over a gun, a charge of unlawful possession of a firearm can have serious consequences. Click below to find out more about the nuances of this charge including potential defenses and the need for an experienced criminal defense attorney.
THINGS TO REMEMBER:
- The gun doesn’t have to be on your person for you to be charged.
- Consenting to a search significantly limits your defense options.
- A qualified criminal defense attorney will know how best to attack the prosecution’s case.
ARMED CRIMINAL ACTION
Armed criminal action is an accompanying charge under Missouri law, meaning it will never be charged by itself. It will always 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. That’s because armed criminal action describes how you performed another crime (i.e. the accompanying charge).
In the example given above, assault in the first degree is causing serious physical injury to another. The armed criminal action charge would describe how you went about causing that injury. So, if the assault in the first degree charge arose from you shooting someone, the armed criminal action charge would be for using a gun to commit the felony of assault in the first degree.
THINGS TO REMEMBER:
- Armed criminal action involves committing a felony using a deadly weapon or a dangerous instrument.
- 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.
UNLAWFUL USE OF A WEAPON
Missouri law makes certain uses of weapons, including firearms, illegal. For example, you cannot display a gun in an angry or threatening manner. That would be illegal behavior that would result in a charge of unlawful use of a weapon, subsection 4, otherwise known as “exhibiting.” Unlawful use of a weapon is a broad charge, meaning it covers various behaviors that involve weapons. The law breaks unlawful use of a weapon into various subsections (like the one described above) and each subsection varies in how serious the punishment would be if you were convicted. For example, unlawful use of a weapon, subsection 4 is a class E felony while unlawful use of a weapon subsection 9 is a class B felony.
THINGS TO REMEMBER:
- 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.
- Since this law is so broad, It is important to discuss the particulars of your case and the conduct involved with a qualified attorney.
The Hartley Law Firm knows the ins and outs of weapons crimes in Missouri and Kansas. If you or a loved one have been charged – don’t wait! Call The Hartley Law Firm today for all of your Kansas City criminal defense needs below.
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