Possession of firearm unlawful for certain persons
Some people are not allowed to have a gun. This includes people who have been convicted of a felony, people running from the law, people who are habitually drunk or on drugs, or people a court has ruled mentally incompetent. Breaking this law is a class C felony, but it becomes a class B felony if the person has a dangerous felony conviction or has broken this same law before. This rule does not apply to antique firearms.
Classifications stated in the statute. Actual outcomes vary.
571.070. Possession of firearm for certain persons — — . — 1. A person commits the of unlawful possession of a firearm if such person has any firearm in his or her possession and:
(1) Such person has been of a 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 , is in an or drugged condition, or is currently .
2. Unlawful possession of a firearm is a , unless a person has been convicted of a as defined in section 556.061, or the person has a for unlawful possession of a firearm in which case it is a .
3. The of (1) of 1 of this section shall not apply to the possession of an .
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Source & history notes
(L. 1981 H.B. 296, A.L. 1982 H.B. 1201, A.L. 2008 H.B. 2034, A.L. 2010 H.B. 1692, et al., A.L. 2016 H.B. 2332, A.L. 2020 S.B. 600, A.L. 2024 S.B. 754, et al.) (2013) Section prohibiting persons convicted of certain felonies from possessing firearms is not an ex post facto law because it does not apply to conduct completed before its enactment. State v. Harris, 414 S.W.3d 447 (Mo.banc). (2015) Section criminalizing possession of a firearm by a convicted felon does not violate state constitutional right to bear arms. State. v. Merritt, 467 S.W.3d 808 (Mo.). (2015) Section is narrowly tailored to achieve a compelling governmental interest in ensuring public safety and reducing firearm-related crime and thus passes strict scrutiny. State v. McCoy, 468 S.W.3d 892 (Mo.). (2015) Section is a constitutional restriction of a convicted nonviolent felon's right to bear arms. State v. Clay, 481 S.W.3d 531 (Mo.). (2018) Section does not violate Second Amendment of the U.S. Constitution as applied to person who had committed two serious felonies for which he served prison time, even if his federal right to possess a firearm had been restored. Alpert v. State, 543 S.W.3d 589 (Mo. banc).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.