Possession of a Firearm While Intoxicated Lawyer in St. Louis

Possession of a Firearm While Intoxicated Lawyer in St. Louis, MO

Missouri law prohibits the possession of a firearm while intoxicated under some circumstances. If you’re convicted of this offense, you could face a lengthy prison sentence.

Combs Waterkotte has decades of experience handling cases involving gun charges. We can provide an aggressive, personalized defense to secure a fair outcome in your case.

Prohibiting Possession of a Firearm While Intoxicated

Under certain circumstances, having or using a firearm may violate Missouri law and lead to gun charges. Possession of a firearm while intoxicated is one of those scenarios. When combined with drugs or alcohol, guns create a hazard to public safety.

Drugs and alcohol can impair your judgment and interfere with your coordination. They may also alter your perceptions and lower your inhibitions. When you add a firearm to the mix, you have a volatile situation.

Missouri’s possession of a firearm while intoxicated law is intended to prevent such situations from spiraling into a gun assault or even a homicide.

Missouri Statutes Addressing Possession of a Firearm While Intoxicated

The Missouri Revised Statutes contain a law that addresses possession of a firearm while intoxicated. They also outline two additional offenses that can accompany this charge:

• Unlawful Use of Weapons: Prohibits intoxicated individuals from having a firearm on their person if they handle it negligently or fire it, unless in self-defense.
• Possession by Prohibited Persons: Makes it illegal for habitually intoxicated individuals to knowingly possess any firearm, with no self-defense exception.

The statutes use a stricter definition of “intoxicated” than Missouri’s DWI laws, requiring substantial mental or physical impairment to bring charges.

Possible Defenses to Possession of a Firearm While Intoxicated Charges in St. Louis, MO

While the law is strict, an experienced criminal defense attorney may be able to use one or more of the following defense strategies in your case:

• No Possession: If the gun wasn’t on your person, the statute might not apply.
• No Intoxication: Substantial impairment is required to meet the legal definition.
• No Intent: You must have knowingly possessed the weapon—unaware possession may offer a defense.
• Self-Defense: If you fired the gun in reasonable defense of yourself or others, this may excuse the discharge but not negligent handling.

Possible Penalties for Possession of a Firearm While Intoxicated in Missouri