Weapon Crimes Defense Lawyer, Smithville, MO. MO is known as a pro-second amendment state – the state’s gun & weapon laws allow for more freedom for possession and usage. But you can still face serious criminal charges if you improperly use a weapon.
Several weapons charges are felonies, and a conviction could put you behind bars for years. Without the help of a leading Smithville weapon crimes defense lawyer, you could be labelled as a felon for life for just forgetting to check your pockets.
Save your rights. Preserve your freedom. Contact Combs Waterkotte. Our team of expert criminal defense attorneys, including a former prosecutor, has more than 60 years of combined legal experience. We do not compromise on the quality of your defense and will fight to get you the best possible outcome against your criminal weapons charges.
Get in contact today at (314) 900-HELP or tell us about your case online for a free, confidential consultation.
Cases Handled
Over 10,000
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How Do Weapon Laws Work in Smithville, MO?
MO law sets rules for the usage, ownership, and transfer of guns and other deadly weapons. These are all in addition to federal laws, which also set rules for weapons. One way they are different is this: MO does not address background checks in the sale or transfer of firearms, but federal law requires licensed dealers to perform one, meaning that you’ll still likely need to go through a background check when you purchase a firearm in MO.
In MO, the majority of citizens are permitted to carry a self-defense weapon, provided that:
- They do not carry it into certain locations, including schools, government buildings, airports, churches, etc., and
- Nothing has happened to lead that person to lose their right to carry a weapon.
Firearms usage in the state allows for standard target shooting and for self-defense, but some specific uses are not legal. These activities mostly are those that would endanger others, such as firing a gun near a school, firing one while intoxicated, or using one while committing another crime.
One important point – although we focused on state laws above, MO allows for individual municipalities to set up their own laws regarding firearms and other weapons, so to ensure you’re compliant with regulations in Smithville, be sure to check your local statutes and connect with a gun crime lawyer if any parts don’t make sense.
Common Weapon Crimes Charges in MO
While there are a variety of weapons charges you can face in Smithville, MO, here are criminal allegations that Combs Waterkotte specializes in defending:
- Unlawful Use of a Weapon
- Unlawful Possession, Manufacture, Transport, and Repair of Certain Weapons
- Carrying a Concealed Weapon Without a Permit
- Possession of an Illegal Weapon
- Possession of a Firearm While Intoxicated
- Illegal Discharge of a Firearm
- Federal Felon in Possession of a Firearm
- Federal Weapons/Firearm Offenses
- Other Gun Charges
- Other Weapons Offenses
Other Types of Weapon Laws in MO
It’s also important in MO to be aware of laws for non-firearm self-defense items. Popular self-defense devices, namely pepper spray and stun guns, can legally be carried in MO without special permits.
Knives, blackjacks, and batons, are face additional restrictions because they are categorized as deadly weapons. Because of this, even though they are not guns, they generally have the same regulations, and also have limitations on where they can be carried.
Once again, though, as mentioned above in regards to firearms, different municipalities are allowed to establish more specific regulations, so reach out to a Smithville weapons law expert if you don’t know the rules a specific self-defense implement.
MO Weapon Crimes Punishments:
When you’re up against weapon crimes allegations in MO, there’s no time to mess around. Here’s what you could be facing if you don’t hire a weapon crimes defense attorney before it’s too late:
| Alleged Crime | Violation | Sentence |
|---|---|---|
| Defacing a Firearm | Class A Misdemeanor | Up to 1 year in jail and a $2,000 fine |
| Unlawful Transfer of Weapons | Up to a Class E Felony | Up to 4 years in prison |
| Fraudulent Firearm Purchase | Class E Felony | Up to 4 years in prison |
| Unlawful Discharge of a Firearm | Up to a Class D Felony | Up to 7 years in prison |
| Unlawful Possession of a Firearm | Up to a Class B Felony | 10-20 years in prison |
| Unlawful Use of a Weapon | Up to a Class A Felony | Up to 10-30 years or life imprisonment |
| Armed Criminal Action | Unclassified Felony | Adds at least 3 years onto a prison sentence, which cannot be avoided with probation or parole |
When you look at the potential fallout of a conviction, why would you not hire a Smithville weapon crimes defense lawyer?
What to Look For in a Smithville, MO, Weapon Crimes Defense Lawyer
Cases Handled
Over 10,000
Jail Days Saved
Over 1 Million
Google Reviews
400+ Perfect
Legal Experience
Over 60 Years
When you’re deciding on a Smithville, MO, weapon crimes defense lawyer, choosing the right one can make all the difference – you need a lawyer who will leave no stone unturned, and won’t stop until you get the justice you deserve.
When deciding on a defense attorney, keep in mind the following:
- Experience: Time in the courtroom gives defense attorneys real-world experience they can bring to your defense. Our firm has extensive experience defending against weapon crime charges, with multiple former prosecutors and over 10,000 cases handled.
- Reputation: You want to work with someone who is known for success. Combs Waterkotte has a stellar reputation amongst former clients, fellow attorneys, and professional associations.
- Resources: Solo lawyers will try their best, but for serious weapon crimes charges, you want a strong team of skillful individuals on your side.
- Approach: It’s important to work with a lawyer who puts you first. At Combs Waterkotte, we take pride in maintaining open lines of communication with all of our clients, and we keep you informed on any updates with your case.
- Fearless Defense: If your case isn’t diverted and you end up in trial, you don’t want an attorney without a plan. You want someone who’s ready to go to battle. Our attorneys always construct our defenses as if we’re going to trial, giving us a strong negotiating position.
Common Weapon Crimes Defenses in Smithville, MO
Weapon crimes will generally progress through the legal system the same way as any other criminal charges. However, these types of cases often hinge on legal defenses like self-defense, and defensive strategies frequently have less to do with whether you “did it” and more on whether what the defendant did was “justified.”
In the following list, you can ready about some effective defense strategies Combs Waterkotte might use in your defense against Smithville, MO, weapon crimes charges:
- Self-Defense: Depending on the circumstances, if you claim self-defence, related criminal charges can be argued that they do not apply. In Missouri, you are allowed to take actions to protect yourself from imminent danger.
- Defense of Others: Related to self-defense, you can protect another via the use of force, even a weapon. Some weapon charges can be related to this in the same way that they can be related to self-defense.
- Castle Doctrine: MO castle doctrine says that you are authorized to use force, including weapons, to protect yourself and others in your home. Caslet doctrine does not require you to retreat prior to defending yourself. However, the force you use needs to be proportionate to the force of the perceived threat.
- Stand Your Ground: Stand your ground is built off of castle doctrine. The state of Missouri determines that you can use force and/or weapons to defend yourself, even outside of your home, as long as you are allowed permitted to be wherever you are.
- Necessity: The defense of necessity acknowledges that you committed the illegal act, but provides an excuse as to why you shouldn’t be punished. Perhaps in an effort to scare off someone threatening you, you fired a warning shot. You could be accused of an unlawful discharge, but you needed to do so to prevent a greater harm.
- Duress: When you unwillingly broke the law, because another person forced to do so, you can claim duress as a defense. An example of this might be if you removed the serial numbers of a firearm, defacing it, but only did so because someone threatened you.
- Lack of Intent: Depending on the exact charge, you might be able to claim that your violation was unintentional. For example, giving a blackjack to someone younger than 18 is not allowed without approval from their parent/guardian. However, if you honestly thought the person was older, you would not have had intent.
Smithville, MO, Weapon Crimes Defense FAQs
What self-defense weapons are legal in Missouri?
Common self-defense devices which you can legally use in Missouri include guns, stun guns, tasers, pepper spray, and batons. Some of these still face restrictions in their use, though.
If you’re thinking about which device to use, remember that when acting in self-defense, your response must use a level of force proportionate to the threat.
What is the penalty for armed criminal action in Missouri?
Armed criminal action involves the use of a deadly weapon while committing another felony. The prison sentence it adds is in addition to the penalties for the related felony, and depends on whether the person was previously convicted of armed criminal action:
First offense: Adds 3-15 years (or 5-15 years if the gun was illegally possessed)
Second offense: Adds 5-30 years (or 15+ years if the gun was illegally possessed)
Third+ offense: Addes 10+ years (or 15+ years if the gun was illegally possessed)
Additionally, punishments added because of armed criminal action are not eligible for parole or probation.
What is the Castle Doctrine in Missouri?
Missouri castle doctrine is dictated by §563.031, RSMo 2016, which dictates that you can use force to defend your dwelling, residence, or vehicle from aggressors, with no requirement to retreat.
However, this does not mean you can shoot someone just for trespassing on your property. Deadly force is only allowed when facing “the use or imminent use of unlawful force.”
What counts as self-defense in Smithville, MO?
Missouri’s self-defense law allows one to use force to defend oneself from a threat, provided that the defensive force is proportional to the threatening force.
Self-defense is legal when it is used to defend oneself (or others) from harm, when one is unable or not required to retreat, or to defend one’s home/vehicle.
As a stand your ground state, Missouri law makes it so that citizens do not have a duty to retreat from a threatening situation, as long as they were allowed to be in that spot in the first place.
How do I defend against weapons charges in Smithville?
Common defense strategies for criminal weapon charges consist of self-defense, the defense of others, castle doctrine, and stand your ground.
How can you lose your right to own a gun in Smithville?
Smithville, MO residents can lose their Second Amendment rights in a few ways:
- If they receive a felony conviction
- If they are a fugitive
- If they are regularly drunk or drugged
- If they are deemed mentally incompetent
- If, in accordance with federal laws, they have been convicted of misdemeanor domestic violence charges.
Can police search your car for weapons without a warrant?
You typically have a right to privacy in your vehicle, however, police can still search your car for weapons if they have probable cause, if you give them consent, if you’ve been arrested and they are securing the area, or if your vehicle is impounded.

Looking For a Weapon Crimes Defense Attorney in Smithville, MO? Call Combs Waterkotte Today
Weapon crime allegations in Smithville are serious business. If the state is charging you with them, you have to have a leading weapon crimes defense attorney for your case. You need Combs Waterkotte.
When you hire us, you’re choosing a firm that doesn’t settle for the second-best outcome. Our team is all about getting you good results, and that means fighting to get the best possible outcome for you. We have the practice and track record of success that you need in your corner.
Speak with a representative today at (314) 900-HELP or contact us online for a no-obligation, confidential consultation.