Missouri Criminal Defense Law

Looking to Hire a Drug Possession St. Louis Lawyer?

combschris1 · October 19, 2019 ·

If you’ve been caught for drug possession in Missouri, it’s important you take action right away. Missouri has some of the most severe drug possession penalties in the whole of the US, but punishments can also vary drastically from courtroom to courtroom. For this reason alone, you need a drug possession attorney who has established relationships in the area you are being charged and will know the history of cases like yours with those prosecutors and judges.

Drug possession charges are some of the most common we deal with here at Combs Law Group, so we are familiar with the common questions and queries people have when facing a drug possession charge.

Here’s what you need to know to defend and protect yourself.

What constitutes drug possession in Missouri?

As you may be aware, the definition of “drug possession” in Missouri doesn’t simply cover being caught with illegal substances on your persons, but in any other scenario where you can be considered to be in possession of an illegal substance.

For example, if you and a friend are transporting cocaine in your vehicle (or if a friend leaves an illegal substance in your vehicle) when you are pulled over for a traffic offense and the attending officers have reason to search your vehicle and find it, you are still considered “in possession” of that substance.

Are drug possession laws the same all over the US?

Yes and no. The DEA determines how “serious” an illegal substance is throughout the US. The Controlled Substances Act outlines 5 Schedules (essentially levels of seriousness), with Schedule 1 being the most serious or harmful, such as heroin, methamphetamine, and cocaine, and decreasing in the likelihood of dependency to Schedule 5. These schedules define the severity of the punishment.

However, Missouri decides what punishment will be given for possession of each type of drug. With the exception of marijuana, most drug possession charges are felonies. Felony charges come with serious legal ramifications, fines, prison time, and sends shockwaves through other areas of your life, so it’s vital you find a drug possession lawyer as soon as possible.

If you’re facing federal drug charges, like federal drug trafficking or distribution, then it’s even more important you find a good St. Louis drug possession attorney who knows federal drug laws. Federal drug laws typically have more severe penalties, so if the federal government is trying to put you behind bars you need to get a St. Louis criminal lawyer right away.

Are the punishments for marijuana possession different?

In most cases, yes. In Missouri, most drug possession cases will result in a felony charge, but the laws surrounding marijuana have softened and if you possess 35 grams or less, you will be charged with a misdemeanor. If you would like to learn more about marijuana laws in Missouri, you can read our guide here.

Is there any way to avoid jail time?

Your ability to avoid jail time for your drug possession charge will depend on the severity of your charge, the circumstances in which you were charged, the skill of your attorney, and primarily, whether or not you are willing to get help for your addiction. Prosecutors and judges may choose to be sympathetic if you are willing to get help for your addiction and if the quantity you had in your possession was minimal. To find out more about these programs you can read our guide on drug possession laws in Missouri.

What should I look for in a drug possession lawyer?

When you look for a drug possession lawyer you should ensure they:

Have experience in the location you were charged
Have experience with cases like yours
Will aggressively defend you and the life you’ve built
Offers a free consultation
Won’t make you feel like a number on a list
Make you feel reassured and at ease
Has numerous testimonials and good reviews

Chris Combs is one of the top St. Louis drug possession lawyers and has experience with a wide range of drug possession charges. If you want to find out more about what we can do for you click here or contact us directly today and we’ll get back to you as soon as possible – most inquiries receive a reply in less than two hours, so it will be no time at all until you can relax knowing you have the best on your case.

Driving Under the Influence: Can I Be Charged for Prescription Drugs in Missouri?

combschris1 · September 27, 2019 ·

Introduction

Gone are the days of saying the alphabet backward, nowadays, if you are pulled over on suspicion of driving under the influence – be it alcohol or another substance – the police have numerous ways to detect what’s in your system. With breathalyzer tests, urine samples, saliva tests, and blood tests, they can detect whether or not you’re driving with something in your system.

Here in Missouri, having drugs in your system (prescription or otherwise) is only a violation if you are behind the wheel of a vehicle, but any level of drug in your system may lead you to be charged with Driving Under the Influence. If you take any prescription drug which contains a warning about operating heavy equipment or machinery, you may be charged with a DUI/DWI if you are pulled over or get into an accident.

Can I Refuse a Test?

In Missouri, you give your consent to being tested simply by using public highways. If you refuse, your license will be suspended for one year, and you will most likely be charged with a DWI regardless of what’s really in your system based on the officer’s evidence.

Can I Get a DWI/DUI Conviction Expunged?

No, in Missouri you cannot have a DWI/DUI conviction expunged (removed) so it will remain on your criminal record and driving record forever, which is why it’s so important to have an experienced and confident DUI attorney on your side.

Do DWI Laws in Missouri Deal with Prescription Drugs?

The punishments and penalties for driving under the influence of any drug are the same as driving under the influence of alcohol in Missouri. Besides the criminal punishments, you’ll also have eight points added to your driving record if you are convicted for a Driving Under the Influence of Drugs (DUI-D).

The maximum penalty for a first-offense DUI-D is six months in prison, a fine of $500, a driving ban, and is considered a Class B misdemeanor, so if you’ve been arrested for a DUI for prescription drugs hire a DUI attorney to help you get the best outcome possible.

What Should You Be Aware of When Taking Prescription Drugs and Driving?

Be aware that many prescription drugs can alter your perception and a cocktail of prescribed drugs may have an even more severe effect. Taking more than the prescribed dose may put you in a difficult position, even if there aren’t any warnings in the drug’s documentation about operating heavy machinery, as can mixing different prescription drugs.

Remember that drugs affect everyone differently, so just because one person feels completely normal on the drug you’ve been prescribed, it doesn’t necessarily you will be okay to drive. If the drugs you are prescribed alter your reaction times, impair judgment, make you feel sluggish or drowsy, or cause your muscles to relax or twitch, they may cause you to get a DUI.

You should also be aware that a doctor’s note will not excuse you from a DUI.

Are Any Specific Prescription Drugs More Likely to Get You a DWI?

Everyone reacts to drugs differently, so it is difficult to narrow down specific medications which will result in a DWI charge. However, some medications you need to be wary of when getting behind the wheel, are:

Medical Marijuana (this is not legal under any circumstances)
Sleeping Aids
Valium (just 10mg can cause a level of impairment comparable to 0.10 blood alcohol)
Antidepressants (especially if they have a sedating effect)
Decongestants (cold and flu medications)
Antihistamines (some slow reaction times)
Anti-anxiety medication
Hydrocodone (in Vicodin, has similar effects to opiates and codeine)

How Are Prescription Drugs Detected?

Prescription drugs will not show up in a breathalyzer test, but as a Missouri road user, you agree to testing by blood, urine, or saliva if an officer believes you are under the influence. Many drugs show up in a urine or blood test for hours, days, or even weeks after taking.

There are “Drug Recognition Experts” (DREs) who are officers who have undergone specific training to spot visual signs of drug impairment in motorists, such as eye movements, color and dilation, behavior and movement, and other cues.

What Should You Say if You are Pulled Over and Charged Because of Prescription Drugs?

If you are under the influence of a prescription drug and are pulled over by an officer or involved in an accident, provide them with your insurance and registration and comply with their requests if they ask you to get out of the vehicle. Be aware that if they believe you are impaired they will watch to see how you get out of the vehicle and if there are any signs that you aren’t in full control of your faculties.

If they ask you to submit to sobriety tests beyond a breathalyzer, and are under the influence of a drug, politely inform the officer that you need to call a criminal lawyer. If you have not consumed any alcohol or are below the legal limit, it won’t hurt (and may help) you to submit to the breathalyzer test.

If you refuse the tests, they may choose to arrest you then and there or ask you further questions, but continue to inform them that you won’t answer any questions until you’ve spoken to your lawyer.

At this point, the officer will read you Missouri’s Implied Consent Warnings (which are that by being a road user you agree to submit yourself to blood or urine tests) because they believe you to be intoxicated in some way. Comply with the police until you have spoken to your lawyer, who will tell you the best course of action. They will not be able to prevent you from being tested, but they can put you in the best position possible should the results come back in a way that may incriminate you for prescription drug use.

Don’t plead guilty, even if you feel you are. Let an experienced criminal defense attorney speak for you.

5 Tips to Help You Avoid a Prescription Drug DUI

1.) Read side effects and recommendations of prescription drugs carefully

If you are prescribed medication read any documentation provided to see if it warns you against driving or operating machinery. If they recommend that you do not drive while taking the medication, follow those instructions. If you need to drive to function in your day-to-day life, stop driving until you have spoken to your doctor and see if it is possible to use a different, safer medication.

2.) If you feel drowsy or not quite yourself, don’t drive

This doesn’t just go for the first time you take a new prescription drug, but at any time while you take the drug or when you get behind the wheel. You may eat or take something that reacts with your medication in a way that makes you feel dizzy or unable to focus, so if at any time you feel unsafe, pull over as soon as you can.

3.) Consult with your doctor or pharmacist

If you aren’t sure, talk to your doctor or pharmacist about whether or not they believe it is safe for you to drive. If they don’t believe this medication is suitable, ask them if there is an alternative drug with similar benefits which is more suitable for someone who needs to be able to drive.

4.) Don’t misuse your prescriptions

Misusing your own prescription drugs is just as dangerous as misusing someone else’s, so if you feel the urge to take more than the recommended dose do not get behind the wheel of a vehicle and contact your doctor for advice or to have your dosage increased. It can be tempting to take more than prescribed if in pain, but if you need to do this stop driving until you have spoken to a doctor about whether or not it is still safe for you to drive.

5.) Have an experienced DUI-D attorney

While having the best criminal defense attorney in St. Louis won’t be able to prevent you from being pulled over by the police in the first place, they will be able to manage the situation and get you the best outcome possible, as unlike driving under the influence of alcohol, you can make a better case for not fully comprehending what effect the drugs were having on you, or whether your behavior was caused by the drugs at all.

Hire A St. Louis Prescription Drug DWI Attorney

If you’ve been accused of driving while under the influence of prescription drugs in the St. Louis Metro area, it’s vital you talk to an experienced DUI/DWI attorney as soon as possible. A prescription drug charge is just as serious as a DUI accusation for illegal drugs or alcohol, but an experienced St. Louis DUI lawyer will be able to ensure you get the best outcome possible. Contact Combs Law Group today to arrange a free consultation to ensure you get the very best outcome possible. We aim to get back to all inquiries within just two hours, so you don’t need to wait to receive the legal support you need, and all our clients have access to their attorney 24/7 – so you can rest easy knowing your lawyer will fight for you.

Missouri Gun Laws: Are the Open and Concealed Carry Laws Clear?

combschris1 · September 16, 2019 ·

Introduction

In early August of 2019, a man was arrested in Springfield for walking into a Walmart with a loaded AR15 (100 rounds) wearing a bulletproof vest and military fatigues just days after the deadly El Paso shooting, which also took place in a Walmart and left 22 people dead.

In the wake of the El Paso shooting you may think “of course he was arrested!” but the question remains, what exactly was he arrested for? Missouri has open carry laws, doesn’t it? Well, yes, it does, so let’s take a look at what those laws are.

What are the Open Carry Laws in Missouri?

In Missouri, you can openly carry a firearm anywhere they are not prohibited. Municipalities are able to prohibit open carry in certain areas, as are private businesses, and it is also typically not allowed on Church premises, near polling stations, and on federal property.

You are able to carry firearms in your vehicle without notifying an officer, you can carry in state parks, and in restaurants that serve alcohol (but not by the bar). If you want to openly carry a weapon in a public area or built-up space, check with the local laws to ensure you stay on the right side of the law.

The open carry laws in Missouri have raised some debate amongst gun owners, many of whom have pointed out that open carry puts you at a strategic disadvantage in a serious situation, and it requires all other firearm owners to assess your intentions.

What are the Concealed Carry Laws in Missouri?

Anyone over 19-years-old can carry a concealed firearm without a permit or training in Missouri. However, there are certain locations where concealed carry is restricted, and you will need a CCW permit in those areas. (You can find out more about Missouri gun laws here)

You are not permitted to carry a concealed firearm on any school facility (unless you have explicit consent of the governing body), any child-care facility, any law enforcement facilities, federal buildings or land, amusement parks, religious organizations, private property where the owner has prohibited concealed carry, and more, which are listed here.

Common Gun Charges in Missouri

Unlawful Possession of a Firearm: If you have already been convicted of a felony, there are no circumstances in which you can lawfully own a gun. You can also not possess a gun if you are wanted for a crime elsewhere, are intoxicated or drugged, or judged to be mentally incompetent.

Unlawful possession of a gun is a Class C felony. This does not apply to an antique firearm. A Class C felony has a maximum penalty of a prison term of ten years in prison (with no less than three years).

Unlawful Use of a Weapon: Unlawful use of a weapon in regard to gun laws, includes:

Setting a spring gun
Firing a gun into a vehicle, boat, aircraft, home, or any other structure where people gather
Angrily or threateningly exhibiting a weapon in the presence of other people
Firing a gun within 100 yards of a school, church, or courthouse, across or along a public highway

Punishment for unlawful use of a weapon is a Class D felony in most cases, though there are many exceptions. A Class D felony has a punishment of up to 7 years in prison and a fine of up to $5,000.

If you discharge a weapon at a vehicle it is a Class B felony, which is punishable by a maximum of 15 years in prison (no less than 5 years).

Defacing a Firearm: It’s a crime to knowingly deface a gun in Missouri, so this includes removing any identifying marks by the manufacturer or importer. Defacing a gun in this way is a class A misdemeanor, which is punishable by a maximum of one year in jail and a fine of no more than $2,000.

Fraudulent Purchase of a Firearm: Fraudulent purchase occurs when someone entices, persuades, encourages, or solicits someone to sell a firearm or ammunition to them when they are in full knowledge that the transaction is illegal. This also covers falsifying your information in order to purchase a firearm or ammunition.

Fraudulently purchasing a firearm is a Class E felony. A Class E felony is punishable by a prison term of up to 4 years.

Unlawful Manufacture, Transport, Repair, or Sale of Certain Weapons: if you knowingly possess, manufacture, transport, repair, or sell an explosive weapon, a gas gun, bullets and projectiles that explode or detonate on impact, a machine gun, sawn-off shotguns and rifles, and silencers.

These crimes are a Class C felony, penalties of which are a prison term of up to 10 years and a fine of up to $5,000.

Terrorist Threat: In the case of the Springfield arrest, a terrorist threat 1^st degree is a Class D felony, while 2^nd degree is Class E.

So What Happened in Springfield?

On August 8, 2019, 20-year-old Dmitriy Andreychenko was arrested on suspicion of first-degree making a terrorist threat and was charged the next day with making a terrorist threat in the second-degree, which is punishable with up to 4 years in prison and is a Class E felony.

Andreychenko walked into the Springfield Walmart with multiple weapons, including an AR15 and 100 rounds in ammunition, wearing military fatigues and a bulletproof vest. Although he never fired the gun, his presence and actions in the store caused shoppers to panic, flee, and called the police about an active shooter. The store manager made the decision to pull the fire alarm and evacuate the store.

Andreychenko was seen pushing a shopping cart and filming a video with his cellphone. Andreychenko tried to leave the premises prior to the arrival of the police but was detained at gunpoint by an off-duty firefighter. His actions came just days after two deadly shootings; one at an El Paso Walmart in which 22 people were killed, and another in Dayton, Ohio where a further 9 people died, including the shooter’s own sister.

Andreychenko’s motives are still unclear; whether he had planned to kill the people or not or simply film people’s reactions to his presence, it was not a good idea.

“His intent was not to cause peace or comfort,” Lieutenant Mike Lucas told KYTV of the Missouri suspect. “He’s lucky he’s alive still, to be honest.” Had the off-duty firefighter not detained him, he may have come up against another person with a firearm who was less willing to give him the benefit of waiting for law enforcement to arrive and take control of the situation. Police praised the firefighter’s quick actions.

While private businesses are well within their right to prohibit open carry in their stores and on their premises, Walmart is not one of them.

Was it a good idea to walk into the Walmart in a bulletproof vest and a rifle? No. While what he did wasn’t technically illegal in Missouri, or in Walmart, doing so can easily be construed as threatening behavior – and even more so after the events of the previous day.

Has This Happened Before?

Arrests and convictions even where open carry is legal is not unusual after a mass shooting event. In April 2013, an Iraq and Afghanistan war veteran attending a pride event in Colorado Springs on the day after the Aurora theater shooting was arrested for openly carrying his handgun (though unlike Andreychenko, his gun was holstered to his belt). Apparently, the officers involved were unaware that it was perfectly legal to openly carry a weapon in a city park in Colorado. [link: krdo.com/news/local-news/man-sues-colorado-springs-after-wrongful-open-carry-arrest/34080516] He later filed a lawsuit because his rights were violated and won $23,000 against the city.

In 2016, a man legally carrying a gun in Dallas during the police protests was mistakenly arrested while peacefully protesting.

Similarly, in Toledo, Ohio in 2015, Shawn Northrup went out for a walk with his wife, daughter, grandson, and dog with his cellphone and a semiautomatic handgun holstered to his belt. A passing motorist took umbrage with his open display and yelled, “you can’t walk around with a gun like that!” and after a heated exchanged, he called the police. Northrup was detained for 90 minutes but his charges were eventually dropped.
The fact is that it’s completely legal to openly carry or carry a concealed weapon in most locations in Missouri, so if you are charged or under investigation for a gun law violation in the St. Louis Metro area, it’s vital you talk to an experienced gun law attorney as soon as possible. Contact us today to arrange a free consultation and ensure you get the very best outcome possible and protect your rights as an American citizen. We aim to get back to all inquiries within just two hours, so you don’t need to wait to receive the legal support you need.

Missouri: Know Your Legal Rights When it Comes to Law Enforcement  

combschris1 · July 10, 2019 ·

Highlights

A run-in with the law is something we all want to avoid, but unfortunately, it does happen. If you have been arrested by the police, or believe you may be in the future, it is important you understand your rights under Missouri federal and state law. This article will help you fully understand your rights, and what you should do to exercise those rights should you need to.

Sections

All About the Right to Remain Silent
Your Fifth and Sixth Amendment Rights
What Should I Do if I’m Stopped for Questioning?
What Are My Rights if I’m Stopped in My Vehicle?
I Think I’m Going to Be Arrested, What Should I Do?
What Should I Do if I’m Arrested?
What if Officers, Immigration or FBI Agents Come to My Home?
I Believe My Rights Were Violated, What Should I Do?

About the Right to Remain Silent: the Miranda Rights

The right to remain silent (Miranda rights) was introduced to stop law enforcement from forcing confessions out of people. Ernesto Miranda was a poor man living in Phoenix (AZ) in 1963 who was brought in to take part in a police lineup. A woman who had been kidnapped and raped identified Miranda as the man she believed perpetrated the crime.

He was immediately arrested and questioned for two hours, without informing him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of a criminal defense attorney.

Miranda confessed in writing to the crimes, and his statement said that he was aware of his right against self-incrimination. When the case went to trial, the prosecution used his confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count.

Later, Miranda appealed his case to the Arizona Supreme Court, and his criminal defense attorney argued that his confession should have been excluded because he had not been informed of his rights, and no attorney had been present during his interrogation. The officers involved admitted they had not explained his rights to him. The state argued that because Miranda had been convicted of a crime in the past he already knew his rights, and Arizona Supreme Court upheld the conviction.

A few years later, Miranda’s case was heard at the Supreme Court of the United States, along with three other similar cases. The court ruled in Miranda’s favor, however, the State of Arizona retried Miranda without his confession, and he was convicted and sentenced to 20 to 30 years in prison.

Because of this case, all law enforcement officers are required to read the rights below to criminal suspects when they are taken into custody:

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed for you.

If your Miranda rights are not read to you, any statements you make can not be used as evidence against you.

To invoke your Miranda rights, simply tell them: “I invoke my right to remain silent and I wish to speak with my attorney.” Don’t speak again until your criminal defense lawyer arrives.

Your Fifth and Sixth Amendment Rights

The Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself”.

The Sixth Amendment states that “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense”.

What Should I Do if I’m Stopped for Questioning in Missouri?

If you are stopped for questioning, stay calm, keep your hands where the officer can see them, and don’t resist or run, even if you believe your rights are being violated. If you don’t want to answer their questions, ask them if you are free to leave, and if they say yes, calmly walk away without saying anything that may provoke the officers. If they say no and you are under arrest, ask them why, and then follow the protocol listed under “What should I do if I’m arrested?” further down this page.

You are always allowed to exercise your right to remain silent, even if they are only questioning you, and they cannot punish you for staying silent. If you want to use your right to remain silent, tell them calmly that you are doing so. If they ask you to identify yourself, do so, as local law may require you to do this.

What Are My Rights if I’m Stopped in My Vehicle in Missouri?

If you are flagged down by a patrol car, drive until you find the first available safe place to do so and turn off your engine. Next, turn on your internal cab lights, roll the window down a little and place both hands on the wheel where the officer will be able to see them. When asked to do so, show them your driver’s license, registration, and proof of insurance. If they ask to look around your vehicle, you can refuse to give consent. If they believe your vehicle may contain evidence, however, they can search your car without your consent. Both you and any passengers have the right to remain silent, and if you are a passenger, you can ask if you are free to leave. If they say yes, either wait calmly or get out and walk away.

I Think I’m Going to Be Arrested, What Should I Do?

If you believe you are going to be arrested by the police, the first thing you should do is continue to read this article through to the end and absorb all the information you need to know. Then, prepare yourself and your family or friends on what to do, should you be arrested.

Make sure you memorize the phone numbers of your criminal defense lawyer (or one who may defend you) and those of your family who can help you while you are in jail. If you are the sole guardian of any children or require daily medicine (for example, insulin), put emergency plans in place so that your children go to someone you trust, and someone you know can provide you with the medication you need.

What Should I Do if I’m Arrested?

If your hunch is right and the police come to arrest you, exercise your right to remain silent, and ask for a lawyer immediately. Do everything you can to go willingly, even if you believe the arrest is wrong or unfair, as this will not only help your case but protect you from harm.

If you have properly prepared, you may have a criminal defense lawyer ready to defend you, but if not, they have to supply you with one. If you can’t pay for a private lawyer, the lawyer you are provided with will be done so free of charge. Don’t say anything, sign anything, or make any decisions before your lawyer is present to advise you.

What if Officers, Immigration or FBI Agents Come to My Home?

If the officers don’t have a warrant allowing them into your home, you do not have to allow them access. If they say they have a warrant, ask them to hold the warrant up to a window so you can see it.

If they have a search warrant, they are allowed to enter the address listed on the warrant, but they are only allowed to search for the items listed.

An arrest warrant allows them to enter the home if they believe the person listed on the warrant is inside, regardless of whether it is their permanent address.

A warrant of removal or deportation (ICE warrant) does not allow officers to enter your home without your consent. You do not have to discuss your immigration or citizenship status with them or answer any questions. However, if an immigration agent asks to see your papers, you must show them if you have them with you.

Remember, even if they have a valid warrant, you have the right to remain silent. If you want to speak to the officers, step outside your home and close the door behind you.

I Believe My Rights Were Violated, What Should I Do?

If you believe you were wrongly arrested, treated, or if any of your rights were violated, do as much as you can to document what occurred. If you can, include officer badge numbers, patrol car numbers, where the officers were from, and contact information and statements from witnesses. Then, file a written complaint with the agency’s internal affairs or civilian complaint board. If you wish to do so, you can do this anonymously.

As you can see, it’s vital you understand the power of your Miranda rights and invoke them whenever you feel it is necessary to do so. Never make a statement to a police officer prosecuting you without a criminal defense attorney present. If you believe you are at risk of being arrested in the St. Louis Metro area, speak to us today for a free consultation, and we will be there to support you 24 hours a day if the worst should happen.

The Complete Guide to Gun Charges in Missouri

combschris1 · May 15, 2019 ·

Every American citizen has the right to bear arms, at least until something goes wrong. When things go wrong your right to own and possess firearms may be taken away, at best, and you may go to prison in the worst of circumstances. Missouri is a gun friendly state, and if that’s important to you then it’s vital that you fully understand gun laws and charges in the state so you can remain on the right side of the law, or take action to retain your right to bear arms.

Any firearms charge is a serious offense, and if you or someone you know has been charged with one it’s important you educate yourself on the different charges so you can act accordingly. If you need immediate help from a criminal defense lawyer in the St. Louis metro area, you can contact us today for a free consultation, however, if you have more time, read on as this article will guide you through everything you need to know about gun charges in Missouri.

What You Should Know About Gun Possession and Ownership in Missouri
- Do I Need a Background Check to Purchase a Gun?
- Do I Need a Permit?
- Can a Minor Own a Gun?
- Do I Need a Permit to Carry a Gun?
- Do I Need a License to Sell a Gun or Ammunition?
- Can I Own Semi-Automatic or Fully Automatic Weapons in Missouri?
How Missouri Gun Laws Differ from Other States
Missouri Gun Offenses
- Penalties
- Unlawful Possession of a Firearm
- Possession, Manufacturing, Transporting, Repair, or Sale of Specific Weapons
- Unlawful Use of a Weapon
- Defacing a Firearm
- Fraudulent Purchase and Illegally Obtaining a Firearm
Firearms and Domestic Violence
Do I Have to Report a Lost or Stolen Firearm?
What Should I Do if I’ve Received a Charge for a Gun Offense?

What You Should Know About Gun Possession and Ownership in Missouri

Let’s start with the basics, so if you’re on the right side of the law, you can stay on it.

Do I Need a Background Check to Purchase a Gun?

Yes, if you are buying your firearm from a store you will have to go through a background check. However, there are no background checks required for a private sale. The buyer must be 19 years old, provide ID, and if the seller has any prior knowledge that the buyer is not lawfully allowed a firearm, they may be in legal trouble if this is discovered.

Other requirements for purchasing a firearm from a store in Missouri are:

Citizen or resident of the US, and resident of Missouri
Have taken a firearms training course
Have not been convicted of a felony or misdemeanor
Do not meet any of the other criteria listed in the Unlawful Possession of a Firearm section below

Do I Need a Permit to Own a Gun?

No, you don’t need a permit and you don’t need to register your firearms in Missouri, and there is no waiting period prior to purchase.

Do I Need a Permit to Sell a Gun or Ammunition?

No, Missouri does not require to own a license, though if you intend to do so on a commercial basis, check with your local jurisdiction. You do not need to ensure that the person purchasing ammunition from you has a license or permit, nor do you need to maintain a record of who has purchased ammunition from you.

Firearms and Minors in Missouri

You can buy or give a minor a firearm in Missouri, though they aren’t allowed to buy one for themselves, provided you have the consent of their parent or legal guardian. Missouri does not penalize individuals for negligently storing or leaving a gun where a child can easily gain access to it.

Do I Need a Permit to Carry a Gun?

As of January 2017, Missouri is a constitutional carry state, which means you don’t need a permit to conceal or openly carry a firearm, however, there are some areas where concealed carry is restricted, and you require a CCW permit in these areas so it’s best to check with local law.

You are free to carry your gun in your vehicle, and you don’t have to notify an officer if you are approached on official business.

Obtaining a concealed carry license is a good idea if you want to carry your gun freely but often travel into built-up areas that may require them, or travel out of state, though you need to check that those states honor your license.

Can I Own Semi-Automatic and Fully Automatic Weapons?

You can own, and hunt with, some semi-automatic rifles. If you want to own a fully automatic weapon in Missouri, you must go through an intensive FBI background check and pay the federal firearms tax.

How Do Laws in Missouri Differ from Other States?

Missouri has some of the most lenient gun laws in the United States, and providing you don’t meet any of the conditions to why you aren’t allowed to possess a gun (see the Unlawful Possession of a Firearm section below), you should be able to legally own a gun without registering it with the state, without registering it or obtaining a license or permit.

Missouri has come under some criticism for its especially lax gun laws and scores an “F” by Giffords Law Center, an organization against gun control. In 2017, Missouri had the sixth highest gun death rate among the states, and it supplied “crime guns” to other states at a higher rate than the national average, due to the fact that the state exports more “crime guns” than it imports.

Missouri Gun Offenses

Below you’ll find a list of the different gun offenses in Missouri and the classes of charge you can receive for these offenses.

Class C Felony – a prison term not exceeding 7 years and a maximum fine of $10,000.

Class D Felony – a prison term up to 7 years or one 1 year in jail, and a maximum fine of $10,000.

Class A Misdemeanor – maximum jail time of 1 year and a maximum fine of $1,000.

Class B Misdemeanor – maximum jail time of 6 months and a maximum fine of $500.

Unlawful Possession of a Firearm: Class C Felony

A person is guilty of unlawful possession of a firearm if they have a firearm in their possession and they:

have been convicted of a felony under Missouri law, or another crime in the US that would be considered a felony within Missouri
are a fugitive
habitually intoxicated (alcohol or other substances)
adjudicated as a mental defective or have been committed to any mental institution
are an illegal alien
were dishonorably discharged from the armed forces
renounced their US citizenship
are subject to a restraining order from an intimate partner or child of an intimate partner
have been convicted of a misdemeanor domestic violence charge.

This does not apply to antique firearms.

A charge for unlawful possession of a firearm is a serious offense, and you should seek advice from a criminal defense lawyer as soon as possible.

Possession, Manufacturing, Transporting, Repair, or Sale of Specific Weapons and Ammunition: Class C Felony or Class A Misdemeanor

This can apply to weapons other than guns (such as explosives), but for the purpose of this guide, we will focus solely on the crimes relating to firearms. A person is guilty of committing a crime if they knowingly possess, manufacture, transport, repair, or sell:

Any bullet or projectile that explodes or detonates on impact due to an independent explosive charge
A gas gun
A machine gun
Any short-barreled rifle or shotgun
A silencer for a firearm

If you are found in possession of a gun while intoxicated you can be charged with a Class A misdemeanor. If you are found in possession with an unloaded firearm in a school facility you will be charged with a Class A misdemeanor. However, if the weapon is loaded the crime increases to a Class D felony.

Unlawful possession of a machine gun, short-barreled rifle, sawn-off shotgun, or silencer is a federal offense, and will be taken seriously. If you’ve made a mistake, a criminal defense lawyer will be able to get to work defending your case.

Unlawful Use of a Weapon: Class D Felony or Class B Misdemeanor

It is illegal to use weapons in certain ways in Missouri, and in specific circumstances. This pertains to guns in the following ways:

Setting a spring gun
Shooting a firearm into a home, car, boat, aircraft, or any structure in which people assemble
Angrily exhibiting a weapon in the presence of one or more people
Discharging a firearm within 100 yards of an occupied school, church or courthouse.

All of the above are Class D felonies, other than discharging a firearm within 100 yards of any occupied school, church, or court, which is a Class B misdemeanor. This also includes shooting a firearm across or along a public highway (any road), carrying a firearm into a church, into a precinct on election day, or into any government building.

Defacing a Firearm: Class A Misdemeanor

It is also a crime in Missouri to knowingly deface any firearm. This means that any action that destroys or renders any identifying marks (such as those made by a manufacturer or importer).

Fraudulent Purchase of a Firearm: Class D Felony

Illegally obtaining a firearm and fraudulent purchase happens when a person solicits, persuades, encourages, or otherwise persuades anyone to sell a firearm or ammunition when the buyer knows the transaction would violate the law.

This includes if you provide false information to attempt to purchase firearms. Anyone who attempts to use another person to buy prohibited firearms or provide a seller with false information also is guilty of the crime.

Firearms and Domestic Violence

If you need to know about Missouri domestic violence laws in regards to use of a deadly weapon, you should read our other guide: A Complete Guide to Missouri Domestic Violence Laws as it will be able to tell you the offenses and penalties for these charges. Missouri does not prohibit individuals convicted of a domestic violence misdemeanor from purchasing or possessing firearms or ammunition (though federal law does), nor does it require the surrender of firearms and ammunition by domestic abusers who are prohibited from possessing firearms and ammunition under federal law, or the removal of firearms at the scene of a domestic violence incident, though the attending offers may do so.

Do I Have to Report a Lost or Stolen Firearm?

No, in Missouri you are not required to report the loss or theft of a firearm, though in many cases it is smart to do so if you believe the firearm has been stolen.

What Should I Do if I’ve Received a Charge for a Gun Offense?

If you or someone you love has received any charge for a gun offense in Missouri you need a criminal defense lawyer on your side. An experienced criminal offense attorney will be able to act quickly to ensure your case doesn’t escalate further and advise you on what action to take next. Depending on the severity of your charge, your freedom to possess firearms or even your own freedom may be at stake.

We are experienced St. Louis criminal defense attorneys, and we’ll act quickly to advise you on your case in a free consultation, and then get to work on your case right away. Every one of our clients gets full personal attention and we are available 24 hours a day from the moment of arrest. We’ll work to get you the very best outcome, whether the case goes to trial or not. As experienced St. Louis criminal defense attorneys, we understand that mistakes happen, and we’re dedicated to ensuring they don’t take away your liberty.