Q: Can a nonviolent felon in Missouri own or possess a pistol or other firearm that is NOT black powder?
The offense was for persistant offender DWI back in 2008. I successfully completed the 3 years of probation given and not had negative contact with law enforcement since.
A:
The current answer is no. This is actually an interesting question because the Missouri Supreme court is going to decide the answer to your question very soon. The Missouri supreme court in August of 2015 ruled in the case of State of Missouri vs. McCoy, that it was constitutional for the Missouri legislature to keep firearms out of felons hands. However the court is taking up a case out of St. Louis on a similar question asking the same right. We shall see what the court says. Below is the statute and punishment for possession. 571.070. 1. A person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:
(1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony; or
(2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.
2. Unlawful possession of a firearm is a class C felony.
3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.
www.speedingticketkc.com
https://twitter.com/speedingticketk
https://www.facebook.com/SpeedingticketKansascity
https://plus.google.com/+Speedingticketkc/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
