Unlawful Use of a Weapon Lawyer in Kansas City, MO

Unlawful Use of a Weapon Compared to Other Kansas City Weapons Charges

Given that several weapons crimes may be charged together for the same conduct, it’s important to compare unlawful use of a weapon to other Kansas City gun crimes to understand exactly what behavior qualifies for the charge. Here, we’ll compare UUW to unlawful possession of a weapon and armed criminal action (ACA).

Unlawful Use vs. Unlawful Possession

Unlawful possession of a firearm basically covers whether someone is legally allowed to have a gun. It applies to certain people with felony convictions, fugitives, and people a court has found mentally incompetent.

Unlawful use, on the other hand, usually concerns what someone did with a weapon they could otherwise legally possess. Prosecutors may file both charges if they believe the facts support doing so.

Unlawful Use vs. Armed Criminal Action

Armed criminal action is an additional charge for committing a Missouri felony by using a deadly weapon. It must be tied to another felony (like an assault or robbery).

Unlawful use of a weapon can be charged on its own. A threatening display may also prompt police to investigate an assault charge, but prosecutors must prove each charge separately. Missouri also has separate laws addressing certain illegal weapons and sales.

Defense Strategies for Unlawful Use of a Weapon Charges in Kansas City

Defending a weapons charge starts with understanding exactly what police claim happened. Carrying a weapon into a restricted place raises different questions than handling one while intoxicated or firing at a vehicle. Here are some of the defenses Combs Waterkotte may use, depending on the evidence available in your case.

Lack of Intent

You may not have known a weapon was in a shared vehicle or bag, or that you had entered a restricted area while carrying the weapon. The state may also lack sufficient proof that you knowingly handled or displayed the weapon as alleged. We examine what you actually knew, not just what police assumed.

Self Defense

Missouri’s unlawful use of weapons statute recognizes lawful defense in several provisions involving display, discharge, intoxication, schools, and shootings at or from vehicles. Under Missouri’s defense-of-persons statute, force may be justified when someone reasonably believes it’s necessary to stop unlawful force, prevent death, stop a serious physical injury, or combat a forcible felony.

Inability to Prove Possession or Identity

Fingerprints, DNA, video, witness statements, and ownership records may contradict a UUW accusation. We also look at who else could access the location to create reasonable doubt as to who actually committed the weapons-related offense

Lack of an Angry or Threatening Display

Handling a weapon openly or moving it for safety isn’t necessarily a threat. A witness may have misunderstood what happened, assuming that someone was acting threateningly when they actually weren’t. Being able to prove your state of mind at the time of the alleged offense can make or break your case.

Constitutional Issues

Police must follow procedures outlined in the Fourth Amendment when they stop you or your vehicle, enter your home, or seize a firearm as evidence. We can review the warrant, any claimed safety concerns,probable cause, and exceptions police may have relied on. If officers obtained a weapon or other evidence illegally, we may ask the court to exclude it from evidence.

Possible Penalties for Unlawful Use of a Weapon in Missouri

The possible sentence you face for UUW depends on your alleged conduct. The general jail and prison ranges are covered in RSMo §558.011, while the unlawful use of weapons statute itself assigns the misdemeanor or felony classifications based on specific conduct:

• Class B misdemeanor: These offenses include carrying a concealed weapon into a restricted area and certain discharges near occupied public buildings, across highways, or into outbuildings. The maximum sentence is six months in jail.
• Class A misdemeanor: Handling an unloaded gun while intoxicated or carrying one into a school-related location can carry up to one year in jail.
• Class E felony: This category includes setting a spring gun, shooting into certain structures or vehicles, threatening displays, firearm possession with a felony quantity of drugs, and intoxicated handling or school possession involving a loaded firearm. The maximum sentence is four years in prison.
• Class B Felony: This charge is brought when an individual shoots from a motor vehicle. The statute requires a 15-year sentence, even for a first-time violation.
• Class A felony: If you discharge a firearm and cause an injury or death, the offense becomes Class A felony unlawful use of a weapon. The sentencing range is 10 to 30 years or life in prison

Prosecutors may also charge armed criminal action when the alleged weapon use accompanies another felony. A first conviction carries three to 15 years, generally served back to back with the sentence for the underlying felony. In these cases, parole, probation, conditional release, and a suspended sentence aren’t available for the first three years of a sentence. Prior ACA convictions or unlawful firearm possession can lead to longer sentences.