Weapons Charges Lawyer in Columbia, MO

A weapons charge comes with severe repercussions, including extensive prison sentences, steep fines, and, in some cases, being prohibited from owning a weapon in the future. This does not begin to deal with the consequences that you will be up against when you are released, with many former convicts facing limited employment and housing opportunities.

Even though many firearm and gun owners are responsible, the State comes down hard on those who violate the law. Even though Missouri is an open-carry state, certain restrictions apply to when you can possess a firearm and when you can use it. If you are facing illegal possession or use, it is time you give our Columbia, MO, weapons charge lawyer at Landon Miller Law a call.

Who is Allowed to Own a Gun in Columbia, MO?

The State of Missouri takes immense pride in a citizen’s right to bear arms. As of 2017, Missouri became a constitutional carry state, allowing gun owners to openly carry or carry a concealed weapon without a permit. Permitless carry is permitted for individuals that are at least 19 years of age and those 18 years of age and older who are actively serving in the military or have been honorably discharged.

Although the State has lifted many gun possession restrictions, the open carry laws only apply to individuals who are constitutionally permitted to carry a gun. Under Missouri and federal statutes, the following persons can be charged with illegal possession of a firearm:

Underage persons
Convicted felons (federal and State law impose a lifetime ban)
Fugitives from justice
Individuals who are habitually intoxicated or drugged
Individuals involuntarily committed to a mental health facility

State versus Federal Weapons Charges

If you have violated federal law, then you may find yourself under federal investigation. Federal regulations are governed by the Code of Federal Regulations. Minimum sentencing for a federal conviction imposes higher sentence lengths than for corresponding state-level offenses. The federal agencies that normally investigate federal weapons offenses include the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). If you are facing federal weapons charges, it is a must that you seek an experienced attorney in defending cases in federal court.

Weapons charges are often accompanied by other charges, especially when a firearm was used in the commission of a crime. Common charges that may be charged concurrently with a weapons charge include drug offenses, assault, kidnapping, murder, and robbery. When a weapon is involved, the type of charge will be enhanced. For instance, stealing someone’s property and causing them injury is charged as robbery in the second degree.

It is a class B felony, which comes with a statutory sentencing of five to 15 years. However, if you were armed with a deadly weapon, the charge is elevated to robbery in the first degree (a class A felony), also known as armed robbery. If convicted, you will be sentenced to 10 to 30 years in prison.

A Columbia, MO, Weapons Charges Lawyer Seeking Justice

A weapons charge comes with severe penalties, making it essential that you seek qualified representation. At Landon Miller Law, our Columbia, MO, weapons charges attorney has made it his life mission to fight for the little guy. With experience working on both sides of the courtroom, Attorney Landon Miller is familiar with prosecution strategy and what steps need to be taken to build a successful defense. To learn more or arrange your initial consultation, we can be reached online or by calling (573) 658-1919 at your earliest convenience.

Frequently Asked Questions:

What counts as an illegal weapons charge in Missouri, do I need to be selling or using a weapon?

No, the bar is much lower than most people think. Missouri’s unlawful use of weapons law covers a wide range of conduct, including carrying a concealed weapon into a restricted area, discharging a firearm into a dwelling or vehicle, exhibiting any weapon capable of lethal use in an angry or threatening manner, carrying a firearm onto school grounds, and possessing a firearm while also in possession of a controlled substance. Simply being in the wrong place with a legal firearm ,or losing your temper during an argument while armed ,can result in a felony weapons charge in Missouri.

What are the penalties for a weapons charge in Missouri?

They range widely but escalate quickly. Unlawful use of weapons can result in a Class B misdemeanor for lesser offenses, a Class A misdemeanor or Class E felony for carrying a loaded firearm onto school grounds, and a Class B felony for discharging a firearm at a person or from a vehicle ,escalating to a Class A felony if someone is injured or killed. Penalties range from years in prison to thousands of dollars in fines, plus a permanent criminal record that can cost you future educational and employment opportunities.

What is Armed Criminal Action (ACA) in Missouri, and why is it so serious?

Armed Criminal Action is one of the most dangerous charges you can face ,because it’s piled on top of another charge. Any person who commits any felony under Missouri law by, with, or through the use of a dangerous instrument or deadly weapon is also guilty of armed criminal action ,an unclassified felony punishable by a minimum of three years in prison, which runs consecutive to and in addition to the punishment for the underlying felony. Prosecutors use this charge to stack mandatory prison time on top of another felony, like robbery, assault, or drug distribution ,to gain leverage and pressure defendants into plea deals.

Can I be charged with a weapons offense if I have a prior felony conviction and legally purchased a gun years ago?

Yes. and this is a devastating surprise for many people. A person commits the offense of unlawful possession of a firearm if they knowingly have any firearm in their possession and have been convicted of a felony under Missouri law, or any crime under the laws of any state or the United States that would be a felony in Missouri. Unlawful possession of a firearm is a Class C felony, escalating to a Class B felony if the person has a prior conviction for a dangerous felony or a prior unlawful possession conviction. A nonviolent felony from years ago triggers the exact same firearm ban as a violent one.

Does a weapons conviction permanently take away my gun rights in Missouri?

Yes. permanently under Missouri state law, and also under federal law. After a felony conviction in Missouri, an individual can never again legally possess firearms and other weapons subject to state regulations. Serving a sentence does not make someone eligible for a restoration of their firearm rights. Federal law independently bans anyone convicted of a crime punishable by more than one year in prison from possessing any firearm or ammunition, meaning even if Missouri were to relax its restrictions, the federal ban would remain in place.