Asked in Criminal Law for Missouri

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.

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1 Lawyer Answer

Richard C Simons

Answered
  • Criminal Law Lawyer
  • North Kansas City, MO
  • Licensed in Missouri

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.

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