Illegal Discharge of a Firearm Lawyer in St. Louis, MO
Someone can face charges for discharging a firearm even if they possess it lawfully and hit nothing when firing it. Missouri law has several gun use restrictions that could result in jail time and jeopardize your right to have a concealed carry permit or even own a gun.
Combs Waterkotte attorneys have over 50 years of experience defending gun charges in St. Louis. We use our extensive knowledge and trial-tested strategies to seek dismissals, acquittals, or favorable plea deals on your behalf.
Call (314) 900-HELP or contact us online today for a free consultation about your firearm charge.
Illegal Discharge of a Firearm Offenses in Missouri
Missouri includes several restrictions on where a person can discharge a firearm. These laws are intended to prevent accidents and harm—even when no one is hit. Violations can result in serious criminal penalties.
Missouri Statutes Against Illegally Discharging a Firearm
Blair’s Law
Named after 11-year-old Blair Shanahan Lane, Blair’s Law prohibits recklessly firing a gun within or into city limits. Recklessness means consciously disregarding a substantial risk—a high legal standard that the state must prove.
Unlawful Use of Weapons
This statute makes it a crime to knowingly fire a weapon:
- Into homes, vehicles, trains, or aircraft
- Into gathering places or public buildings
- While intoxicated
- Within 100 yards of schools, courthouses, or churches
- Along or across highways
- At or from a vehicle
- At any person or inhabited structure
Open Display of Firearms
Even if no shots are fired, Missouri law forbids displaying a weapon in an angry or threatening manner. If your gun use seemed threatening—even if not discharged—you may still face charges.
Defenses Against Charges of Illegal Discharge of a Firearm in St. Louis, MO
While not knowing the law or causing no harm won’t excuse illegal discharge, the following defense strategies may apply:
Exceptions to the Statute
Missouri allows firearm use in specific scenarios, such as:
- Shooting blanks
- More than one mile from an occupied structure
- Self-defense or defense of others
- During hunting season
- Indoor shooting ranges
- Special permits or official law enforcement duties
Defense of Self and Others
If you reasonably believed force was necessary to prevent unlawful harm against yourself or others, your actions may be justified—even if based on a mistaken belief.
Lack of Required Mental State
Blair’s Law requires recklessness. Other statutes require "knowing" intent. Accidental discharge, like a cleaning misfire, may not meet the threshold for criminal charges.
Possible Penalties for Illegal Discharge of a Firearm
- Offense
- Blair’s Law, 1st offense
- Blair’s Law, 2nd offense or firing into a house/vehicle or while intoxicated
- Blair’s Law, 3rd offense
- Firing near a school, courthouse, or across a highway
- Shooting from a vehicle or at a person/building
- Penalty
- Class A misdemeanor – up to 1 year in jail
- Class E felony – up to 4 years in prison
- Class D felony – up to 7 years in prison
- Class B misdemeanor – up to 6 months in jail
- Class B felony – 5 to 15 years in prison
