Weapons Offense Attorney in Missouri

Weapons Offense Attorney in Missouri

Facing weapons offense charges in Missouri is no small ordeal. Whether you’re charged with unlawful use of a weapon or a serious federal firearm offense, the consequences range from severe to permanently life-altering. That’s why it’s important for you to hire an experienced Missouri criminal defense attorney that knows how to protect your rights, suppress unlawful evidence, and challenge the prosecution.

No matter the charge you’re facing or the circumstances of your specific situation, our experienced lawyers are here to help you fight for your rights and your freedom. With decades of combined experience in criminal defense, a robust record of courtroom victories, and a tireless commitment to our clients every step of the way, you can trust Combs Waterkotte to handle your weapons offense case.

What Types of Weapons Offenses Does Missouri Have?

While Missouri is known for being a Second Amendment-friendly state, there are still plenty of laws and restrictions on the books regarding firearms and other weapons. These weapons offenses are outlined in Chapter 571 of the Missouri Revised Statutes, and we’ll cover them below.

Armed Criminal Action

Under RSMo § 571.015, you can be charged with armed criminal action if you commit any felony using a dangerous weapon or tool.

Unlawful Possession or Sale of Illegal Weapons

According to RSMo § 571.020, individuals can be charged with the unlawful possession or sale of illegal weapons if they knowingly have, make, transport, or sell any of the following:

• Explosive weapons, materials, or projectiles
• Gas guns
• Knuckles
• Certain federally regulated weapons or parts, like:
  • A machine gun
  • A short-barreled rifle or shotgun
  • A silencer
  • A switchblade knife

Unlawful Use of Weapons

Under RSMo § 571.030, the unlawful use of weapons includes any of the following:

• Bringing weapons into restricted areas
• Setting an explosive trap
• Waving or showing a weapon threateningly
• Handling a weapon while intoxicated
• Firing a gun near sensitive locations (across highways or into buildings)
• Shooting at or from a vehicle
• Possessing a weapon at a school (or a school event)
• Possessing a firearm while carrying a felony quantity of a controlled substance

Unlawful Discharge of a Firearm

RSMo § 571.031 (also known as “Blair’s Law”) says an individual can be charged with unlawful discharge of a firearm when they recklessly shoot a gun within (or into) the limits of any municipality, with exceptions for shooting ranges, pest control, or hunting.

Defacing a Firearm

Knowingly defacing a firearm is a crime under RSMo § 571.045 and includes destroying or removing the weapon’s serial number (or any other identification markings).

Possession of a Defaced Firearm

You are not allowed to possess a defaced firearm without a serial number or its identification markings removed under RSMo § 571.050.

Unlawful Transfer of Weapons

According to RSMo § 571.060, a person can be charged with unlawful transfer of weapons if they:

• Transfer guns or ammunition to people who aren’t allowed to have them
• Transfer certain weapons or firearms to minors without required consent
• Transfer guns or ammunition to someone who’s intoxicated

Fraudulent Purchase of a Firearm

RSMo § 571.063 defines the fraudulent purchase of a firearm as convincing a licensed or private seller to sell firearms or ammunition that they know is illegal. Providing false information to a firearm seller or dealer can also result in this charge.

Unlawful Possession of a Firearm by Certain Persons

Under RSMo § 571.070, the following groups are not allowed to possess firearms:

• Felons
• Fugitives
• People who are habitually intoxicated
• People who have been deemed mentally incompetent

Unlawful Possession of an Explosive Weapon

RSMo § 571.072 says that the same group of individuals are not allowed to possess explosive weapons.

Metal-Penetrating Bullets During Commission of a Crime

Using (or even having) metal-penetrating bullets while committing a crime is a violation of RSMo § 571.150.

What Are the Penalties for a Weapons Offense in Missouri?

In Missouri, a weapons offense can range from a relatively low-level misdemeanor all the way up to a serious felony. Penalties for weapons offenses depend on which statute the offender is accused under and whether or not they’re a repeat offender.

Here’s a quick summary for the penalties associated with weapons offenses in Missouri:

• Class A felony: 10 to 30 years or life in prison
• Class B felony: 5 to 15 years in prison
• Class C felony: 3 to 10 years in prison and a fine up to $10,000
• Class D felony: Up to 7 years in prison and a fine up to $10,000
• Class E felony: 1 to 4 years in prison and a fine up to $10,000
• Class A misdemeanor: Up to 1 year in jail and a fine up to $2,000
• Class B misdemeanor: Up to 6 months in jail and a fine up to $1,000

Armed Criminal Action Penalties in Missouri

Armed criminal action weapons charges tend to carry some of the heaviest penalties of any weapons charges in Missouri. People are charged with armed criminal action when they’ve committed a felony while using a weapon (like robbery, assault, or unlawful use of a weapon).

The penalties for armed criminal action increase with how many times an offender commits it:

• First-time offenders get 3 to 15 years (and a 5-year minimum sentence if unlawfully possessing a firearm)
• Second-time offenders get 5 to 30 years (and a 15-year minimum sentence if unlawfully possessing a firearm)
• Third-time offenders (and subsequent offenses) get a minimum of 10 years (and a 15-year minimum sentence if unlawfully possessing a firearm)

Armed criminal action charges also run consecutively to the sentence for the underlying crime. For example, if a first-time offender gets 10 years for robbery and 5 years for armed criminal action, they’ll serve a total of 15 years.

Unlawful Possession or Sale of Illegal Weapons Penalties in Missouri

The penalties for unlawful possession or sale of illegal weapons depends on the type of weapon involved:

• Offenders will be charged with a Class D felony if they possess or sell:
  • An explosive weapon
  • An explosive, incendiary, or poison substance
  • A gas gun
  • A machine gun
  • A short-barreled rifle or shotgun
  • A silencer
  • A switchblade
• Offenders will be charged with a Class A misdemeanor if they possess or sell:
  • An explosive bullet
  • Knuckles

Unlawful Use of Weapons Penalties in Missouri

The penalties for unlawful use of weapons are complex and can result in either a misdemeanor or a felony depending on the action committed and the weapon used:

• Offenders will be charged with a Class A felony if:
  • They shoot at or from a vehicle at a person, vehicle, building, or dwelling and the shooting results in an injury or death
• Offenders will be charged with a Class B felony if:
  • They shoot at or from a vehicle at a person, vehicle, building, or dwelling
• Offenders will be charged with a Class E felony if they:
  • Set an explosive trap
  • Shoot into a dwelling, train, boat, plane, vehicle, or building
  • Show a weapon in an angry or threatening manner
  • Use a firearm while also in possession of a felony-level of controlled substances
  • Handle or use a gun while intoxicated (if the gun is loaded)
  • Carry a gun into a school or a school event (if the gun is loaded)
• Offenders will be charged with a Class A misdemeanor if they:
  • Handle or use a gun while intoxicated (if the gun is unloaded)
  • Carry a gun into a school or a school event (if the gun is unloaded)
• Offenders will be charged with a Class B misdemeanor if they:
  • Carry a weapon into a restricted area
  • Shoot a gun within 100 yards of an occupied school, courthouse, or church
  • Shoot across a highway or into an outbuilding
  • Carry a weapon into a church, election precinct, or government building

Repeat offenders may also face mandatory maximum sentences and enhanced restrictions.

Unlawful Discharge of a Firearm Penalties in Missouri

The unlawful discharge of a firearm can result in a misdemeanor or a felony charge depending on the number of times an offender has committed the offense:

• First-time offenders face a Class A misdemeanor
• Second-time offenders face a Class E felony
• Third-time offenders (and subsequent offenses) face a class D felony

Unlawful Discharge of a Firearm Penalties in Missouri

Defacing a firearm is a Class A misdemeanor.

Possession of a Defaced Firearm Penalties in Missouri

Possession of a defaced firearm is a Class B misdemeanor.

Unlawful Transfer of Weapons Penalties in Missouri

The unlawful transfer or a weapon can be either a felony or a misdemeanor depending on the circumstances:

• Offenders will be charged with a Class E felony if:
  • They knowingly sell or give a firearm or ammunition to anyone not allowed to possess them
• Offenders will be charged with a Class A misdemeanor if:
  • They knowingly sell or give a firearm to a minor without their parents’ consent
  • They recklessly sell or give a firearm or ammunition to someone who is intoxicated

Fraudulent Purchase of a Firearm Penalties in Missouri

Using fake documentation (or persuading someone else to use fake documentation) to purchase a firearm or ammunition is a Class E felony.

Unlawful Possession of a Firearm by Certain Persons Penalties in Missouri

Felons or fugitives who possess a firearm may be charged with a Class C felony.

If an offender has a prior unlawful possession of a firearm conviction, though, they may be charged with a Class B felony. There is an exception, though: If the offender possesses an antique firearm, the penalties will not apply.

Unlawful Possession of an Explosive Weapon Penalties in Missouri

The unlawful possession of an explosive weapon is a Class D felony.

Metal-Penetrating Bullets During Commission of a Crime Penalties in Missouri

Using metal-penetrating bullets while committing a crime is a Class B felony.

What to Do If You’re Charged with a Weapons Offense in Missouri

Facing a weapons offense charge in Missouri is serious. There are steps you can take to help you and your legal defense team get a favorable outcome, though, and the sooner you take those steps, the better:

• Remain silent, and do not discuss your case with the police or anyone else.
• Contact an experienced Missouri criminal defense attorney immediately for legal guidance.
• Do not consent to law enforcement requests to search your home, vehicle, phone, or any other property, unless they have a valid warrant.
• Preserve all evidence, including messages, videos, permits, and witness information.
• Strictly comply with any bond conditions or firearm restrictions.
• Do not make any social media posts or statements, as they can be used against you.

Missouri Weapons Offenses: Common Defenses

To start combating your weapons offense charges, one of the most important things to do is build a solid legal defense. Weapons charges are complex and varied, and the sooner you start building your defense, the better.

Combs Waterkotte’s expert legal team uses several tried-and-true legal defense strategies to fight against weapons offense charges. Any one of these defenses (or a combination of them) could be the difference between serious consequences and maintaining your freedom:

• Fourth Amendment: If police searched your property or seized evidence unlawfully, this can prove invaluable for getting a weapons offense charge thrown out.
• Lack of Intent: Many weapons offense statutes contain words like “knowingly” or “purposely.” If the action in question lacked intent, that may work in your favor.
• Self-Defense: If you used reasonable force to protect yourself from imminent harm, the action in question may be entirely legally justified.
• Castle Doctrine: In Missouri, you’re allowed to use force (including deadly force) to protect your home from an intruder. This Castle Doctrine may apply to some weapons offenses.
• Stand Your Ground: Missouri allows for the use of force in any location where an individual feels threatened. Stand Your Ground laws may be a legitimate defense against certain weapons charges.
• Duress: If your weapons offense occurred under the immediate threat of harm leaving no other viable option, that may help your case.
• Entrapment: If you were coerced into committing a weapons offense by law enforcement that you otherwise would not have committed, an entrapment defense may apply.
• Alibi: One of the best defenses against a weapons offense is proving you weren’t there when it was committed. A strong alibi could prove the key to a successful defense.

Why Choose Combs Waterkotte to Defend Your Weapons Offense in Missouri

Everyone deserves a strong legal defense, no matter the accusation. Combs Waterkotte will fight to protect your freedom, your rights, and your future, whether you’re facing a misdemeanor or a felony.

We have experience defending against all types of weapons offenses in Missouri, and we’ve achieved favorable outcomes for plenty of clients. If you’re facing a weapons charge in Missouri, we’ll fight for you every step of the way.