Gun Charge Lawyer in Columbia, MO

Missouri has some of the least restrictive gun laws in the nation, making a weapons charge that much more serious. A gun possession conviction comes with lengthy jail sentences, fines, and collateral repercussions. These collateral consequences can hinder employment, housing, and professional opportunities in the future. Given what is on the line, you understandably want to take every measure to avoid a conviction.

With your freedom at stake, you want to hire a firm that is renowned for its dedication, which is what you will find at Landon Miller Law. Our founding attorney has experience working for both the prosecution and defendants, allowing him to be fully aware of the government’s strategies. If you or a loved one has recently been accused of unlawful gun possession or use, our Columbia, MO, gun charges lawyer would like to speak with you.

Gun Charges in Missouri

As of 2017, Missouri is an open carry state, allowing individuals 19 years of age and older to possess a firearm without a permit (18 years old for military members and those honorably discharged). Additionally, individuals do not need to obtain a concealed weapons permit if they are carrying a hidden gun on their person.

Even with relatively relaxed laws, there are restrictions on where you can have a gun and its permitted use. Missouri state laws that apply to weapons and firearm use include:

Missouri Revised Statutes §571.070

A person will be found guilty of unlawful possession of a firearm if they:

• Have been convicted of a felony in Missouri or have committed a crime in another state that is considered a felony in Missouri
• Fled from another state to avoid prosecution under the law (known as being a “fugitive from justice”), are habitually drunk or drugged, or are mentally incapacitated

A class C felony, a guilty finding carries three to ten years in jail and up to $10,000 in fines.

Missouri Revised Statutes §571.030

A person will be found guilty of unlawful discharge of a gun if any of the following occur:

• Discharging or shooting a firearm into a house, train, boat, aircraft, or motor vehicle
• Discharging a firearm within 100 yards of a schoolhouse, courthouse, or church
• Shooting a firearm from a motor vehicle, aiming at another motor vehicle or person
• Shooting a firearm at a mark or any sign along a public highway

Your punishment will depend on the circumstances behind the incident. Under Missouri gun law, shooting at a dwelling house, train, boat, or aircraft, or setting a spring gun, is a class E felony. It is the least serious of the state felony charges, with a maximum of four years in prison and a fine of $10,000. However, discharging a gun near a schoolhouse, courthouse, or church in most cases is a class B misdemeanor. A class B misdemeanor is the second-highest misdemeanor charge, carrying a potential $1,000 fine and six months in jail. The prosecution may attempt to elevate your charge based on circumstantial evidence, which is what our legal team is here to prevent.

Defending Gun Charges

Having a gun conviction on your record is far more serious than serving time; it can prevent you from living the life you deserve. Given that employers routinely run background checks on job candidates, ex-convicts are less likely to find well-paying employment. Even with the “ban the box” law in place, job discrimination still takes place frequently.

The bias does not end there, with former convicts being denied professional licensure based on their offense. These barriers, combined with an individual’s inability to find suitable housing, are the reason that up to one-third of former convicts reoffend within three years of their release.

At Landon Miller Law, we are adamant about helping you avoid prosecution under the law. Our criminal defense attorney prides himself in taking aggressive measures right at the start of each case. The sooner our firm can get your case dismissed or the charges against you dropped, the sooner you can return to your life.

Reach Out to Our Columbia, MO, Gun Charges Lawyer Today

A gun charge can leave you perplexed and fearful of what to expect. Understanding the charges brought against you and the criminal process is key to feeling in control of your circumstances. At Landon Miller Law, our Columbia, MO, gun charges attorney will answer any of your questions and keep you informed every step of the way. We take a personal interest in each case, knowing that your freedom and reputation lie in the balance. To discuss your case with our attorney, contact us online or by phone at (573) 658-1919.

Frequently Asked Questions:

Missouri is a permitless carry state, how can I still face gun charges here?

Many people assume Missouri’s gun-friendly laws protect them in every situation ,they don’t. Permitless carry is legal in Missouri for anyone 19 years or older who can legally possess a firearm, but that last phrase is everything. The moment you have a prior felony, a domestic violence conviction, or you carry into a restricted location, you can face serious criminal charges. Locations where carrying is illegal include law enforcement facilities, courthouses, correctional facilities, voting precincts, schools, bars, child care facilities, airports, hospitals, and sports arenas.  Misunderstanding where you can legally carry is one of the most common ways law-abiding gun owners end up charged in Columbia.

The gun wasn’t on me, it was in my car or my home. Can I still be charged?

Absolutely. This is one of the most misunderstood aspects of Missouri gun law. In Missouri, you don’t need to physically hold a firearm to be charged. If the weapon is found in a place where you have control ,like your vehicle, bedroom, or nightstand, you could be charged under the theory of “constructive possession.” Felon-in-possession charges often arise during traffic stops where a firearm is found in the vehicle, routine probation or parole visits, home searches during unrelated investigations, or accidental discovery such as a gun found during a domestic call. Even if the gun belongs to someone else in your home, you may still be charged.

What happens if I’m caught with a gun and drugs at the same time?

Your charge escalates automatically ,and dramatically. Under Missouri law, possessing a firearm while also knowingly in possession of a controlled substance sufficient for a felony drug violation is a separate criminal offense. On top of the drug charge itself, you now face a weapons charge ,and federal prosecutors treat the guns-and-drugs combination as one of the most aggressively prosecuted scenarios in the entire criminal code. What might have been a manageable drug case can quickly become a case with mandatory federal minimums and years of additional prison time stacked on top.