Weapons Crimes Lawyer Kansas City, MO
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Weapons Crimes Lawyer Kansas City, MO
In Missouri, weapons crimes can result in a felony conviction and years of imprisonment, even if the weapon is never actually used. If you’re convicted of such an offense, you could lose your right to lawfully own a firearm in addition to being incarcerated.
At Combs Waterkotte, we have over 60 years of combined legal experience fighting felony and misdemeanor weapons charges. We can raise an effective defense and look for mitigating factors to seek a positive outcome in your case.
I owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
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If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
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I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
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My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
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If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
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I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
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I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
Verify onI owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
What Are Weapons Crimes Under Missouri Law?
Missouri imposes strict penalties for crimes committed using weapons. For example, one type of second-degree assault is defined by the use of a weapon. Likewise, burglary carries a harsher penalty when the accused possesses a weapon.
The state often distinguishes between two classes of weapons when penalizing crimes. “Deadly weapon” includes all of the following:
- Loaded and unloaded firearms
- Projectile weapons capable of killing or seriously injuring
- Switchblade knives
- Daggers
- Billy clubs
- Blackjacks
- Metal knuckles
“I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without [Combs Waterkotte’s] help, I don’t think my family could have made it without me. For anybody looking for an excellent defense attorney, or attorney in general, I’d really contact [their] office.”
-Chris | Combs Waterkotte Client
“Dangerous instrument” means any other object that’s readily capable of causing death or serious physical injury. This definition applies to weapons like hunting knives but would also encompass other objects not necessarily thought of as weapons, such as vehicles or explosives.
Some weapons are so dangerous that the state prohibits their possession. Private individuals can’t lawfully own explosive weapons like grenades, for example. State law also coordinates with federal weapons laws to enforce nationwide bans on certain types of weapons, such as machine guns and sawed-off shotguns.
Finally, the state enforces restrictions on the possession of weapons by certain prohibited individuals. For example, under both state and federal laws, convicted felons can’t possess firearms.
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Weapons Crimes in the Missouri Revised Statutes
The Missouri Revised Statutes include the following criminal offenses that involve weapons or provide enhanced penalties for their use.
Defacing Firearms and Possessing Defaced Firearms
One of the key tools for investigating gun crimes is firearm serial numbers. When dealers and owners destroy a firearm’s serial number, investigators may be unable to track the weapon.
Therefore, Missouri law prohibits knowingly defacing firearms to remove identifying markings. It also outlaws the knowing possession of a defaced firearm.
The word “knowingly” is important. Prosecutors must prove that you were aware of all the circumstances that would make your conduct illegal.
For example, a firearm that’s missing a serial number due to rust wouldn’t qualify as having been defaced. That’s because defacement requires some purposeful act, such as scratching, filing, or etching with acid.
Possession of Firearms by Prohibited Individuals and Related Offenses
Missouri law prohibits the following individuals from possessing firearms:
- Anyone convicted of a felony under any state or federal law
- Fugitives
- Those habitually intoxicated by drugs or alcohol
- Those judged mentally incompetent
Notably, possession includes constructive possession, which means you can violate this law if the firearm is accessible to you, even if you don’t have it on your body. For instance, you would “possess” a firearm if it’s under your car seat or locked in a storage unit, provided you can readily access it.
Additionally, state law forbids anyone from knowingly selling, leasing, giving, or otherwise transferring a firearm to someone who can’t lawfully possess it. As such, you could face weapons charges for loaning your gun to a convicted felon.
Missouri also outlaws fraudulent purchases of firearms. While not specifically directed at prohibited individuals, this law forbids all of the following acts relating to the purchase of a firearm:
- Knowingly soliciting a dealer or private seller to sell a firearm that would violate state or federal law
- Giving false information to a dealer or private seller to purchase a firearm or ammunition
- Procuring someone else to conduct a fraudulent purchase
Suppose that someone couldn’t lawfully purchase a firearm due to a prior felony conviction. This law could be used to prosecute them if they were to give a false name to a gun dealer carrying out a background check.
Possession of Unlawful Weapons
Missouri law prohibits the possession, manufacture, transportation, repair, or sale of certain illegal weapons, including:
- Explosive weapons, such as pipe bombs, grenades, and grenade launchers
- Parts for explosive weapons
- Machine guns
- Sawed-off rifles and shotguns
- Explosive ammunition
- Gas guns designed to spray toxic gas
- Firearm silencers
- Switchblade knives
- Brass knuckles or other knuckle rings made of hard material
In this case, the prosecution doesn’t need to prove that you used the unlawful weapon or intended to use it to commit a crime — simply possessing these weapons can result in charges. For example, it’s likely against the law to possess a live grenade as part of a private World War II weapons collection.
Armed Criminal Action
Some weapons offenses deal directly with use. You could be prosecuted for these crimes even if you acquired your weapon lawfully.
Armed criminal action occurs when someone commits a felony by, with, or using a dangerous instrument or deadly weapon. The penalty for this offense is added to that for the underlying felony, essentially making it a weapons enhancement for Missouri felony cases.
Unlawful Use of Weapons
Missouri law prohibits the use of weapons in the following ways:
- Carrying a concealed weapon in restricted locations, such as courthouses
- Setting a trap that employs a firearm, also known as a “spring gun”
- Discharging a firearm into a building, house, train, boat, aircraft, or vehicle
- Displaying a lethal weapon in a threatening manner
- Handling or discharging a firearm negligently while intoxicated
- Discharging a firearm within 100 yards of an occupied school, courthouse, or church
- Firing a gun along or across a public highway or into an outbuilding
- Carrying a lethal weapon into a church, polling place, or government building
- Discharging a firearm from a vehicle or at a vehicle, person, or building
- Carrying a loaded or unloaded gun into a school, onto a school bus, or at a school event
- Possessing a gun and a felony amount of illegal drugs
Prosecutors can pursue charges for this offense even if the weapon has a lawful use. For example, you could be charged for carrying a concealed firearm into a courthouse even if you have a license to carry it in other places.
Unlawful Firearm Discharge
Missouri has a law called “Blair’s Law” that prohibits recklessly discharging firearms within municipal limits. It was passed after a child was fatally struck by celebratory gunfire.
Potential Defenses Against Weapons Crimes in Kansas City, MO
The criminal defense strategies available for weapons offenses depend on the specific charge filed. However, many cases incorporate the following defenses.
Statutory Exception
Several of Missouri’s weapons statutes include exceptions. For example, you can possess illegal weapons in the following situations:
- For official duties for the military, law enforcement agencies, or penal institutions
- For a lawful commercial or business transaction with the military or government
- For use in a lawful industrial or commercial application
- In a public museum or exhibition
- In a lawful dramatic performance
These exceptions may allow you to handle dangerous weapons for legitimate uses, such as mining or display in military museums.
Self-Defense
Similarly, you may be permitted to use weapons in an otherwise unlawful manner in self-defense. For instance, you can fire a weapon at someone if you reasonably believe they intend to use unlawful force against you or another person.
Lack of Knowledge or Intent
Although ignorance of the law generally isn’t a valid defense, ignorance of the facts of an alleged offense may be.
Consequently, you might overcome charges of illegal firearm possession if you didn’t know that someone had left a gun in your car or home. In this case, you would lack both the knowledge and intent required to “possess” the firearm.
Penalties Imposed Upon Conviction for Missouri Weapons Crimes
The punishment for weapons offenses in Missouri can vary widely. A court can impose any of the following penalties upon conviction.
Offense
- Armed criminal action
- Possession of unlawful weapons
- Firearm possession by a restricted person
- Unlawful use of weapons
- Unlawful discharge of firearms, first offense
Possible Sentencing Range
- Up to 15 years added to sentence
- Up to seven years imprisonment
- Up to 15 years imprisonment
- Six months to 15 years imprisonment
- Up to one year imprisonment
Why You Should Hire Combs Waterkotte for Your Weapons Crimes Case in Kansas City, MO
Prosecutors often rely on weapons offenses when stacking charges to pressure defendants into accepting plea deals. Our skilled attorneys can analyze your case to assess the level of risk you face and determine whether prosecutors have legitimate grounds for pursuing your charges.
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Even if there’s some basis for the charges, there are several potential defenses we can employ. We know the facts and legal arguments that may persuade prosecutors to dismiss your charges or offer a fair plea deal.
How We Can Challenge the Charges You’re Facing
After listening carefully to your version of the events, we’ll identify all possible defenses against your charges and gather evidence to support them. We’ll then discuss possible resolutions to your case with prosecutors, including plea deals and diversion programs. If we can’t negotiate a positive outcome, we’ll advocate for an acquittal at trial.
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Contact Combs Waterkotte for a Strong Defense in Your Kansas City Weapons Crimes Case
Weapons crimes can expose you to legal consequences that include imprisonment and loss of your firearm rights.
The criminal defense lawyers at Combs Waterkotte have successfully managed more than 15,000 criminal cases, many of which involved weapons. Contact us online or at (314) 900-HELP today to take the first crucial steps to protect your rights and freedom.
Resources
For more information on criminal defense in Kansas City or anywhere else in Missouri, call the Combs Waterkotte criminal defense attorneys right away at (314) 900-HELP or contact us online for a confidential consultation.
The Complete Guide to Gun Charges in Missouri
Missouri Gun Laws: Are the Open and Concealed Carry Laws Clear?
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