Possession of a Firearm by a Prohibited Person

Facing an allegation that you illegally possessed a firearm because you are a “prohibited person” is one of the more serious gun charges in Missouri. A conviction does not just mean the possibility of years in prison. It can also mean losing your right to possess any firearm in the future, living with a permanent felony record, and dealing with the fallout in your family, career, and community.

At Scrivner Law Firm, criminal defense attorney and former long-time prosecutor Dayrell Scrivner draws on decades of experience in Missouri courts to defend people charged with firearm offenses, including unlawful possession under section 571.070 of the Revised Statutes of Missouri (RSMo). If you or a loved one has been accused of possessing a gun as a prohibited person anywhere in Taney County, Stone County, Christian County, or the surrounding areas, you should speak with a knowledgeable defense lawyer as early as possible.

Missouri Law On Unlawful Possession Of A Firearm

Under section 571.070, RSMo, Missouri makes it a crime for certain people to possess a firearm at all. The statute refers to the offense as “unlawful possession of a firearm.” It is often called “felon in possession,” “prohibited person in possession,” or simply “unlawful possession,” but those are different ways of describing the same basic charge.

In general, the statute has two core elements. First, the person must have knowingly had a firearm in his or her possession. Second, the person must fall into one of the prohibited categories listed in the law, which are discussed in more detail below.

The State must prove both of these elements beyond a reasonable doubt. If the prosecutor cannot prove either that you actually possessed a firearm, or that you were legally prohibited from doing so, you should not be convicted of this offense.

Missouri law also recognizes a narrow exception for antique firearms. The statute states that the portion of the law dealing with prior felony convictions does not apply to possession of an antique firearm that fits the statutory definition. Because what qualifies as “antique” can be surprisingly technical, that issue sometimes becomes an important defense in these cases. The exact make, model, design, and ammunition of the weapon can all matter.

Who Is Considered A “Prohibited Person” Under Missouri Law

Missouri’s unlawful possession statute does not apply to everyone. It targets specific categories of people whom the legislature has decided should not possess firearms at all.

Section 571.070 identifies two broad categories of prohibited persons. The first category includes people with certain felony convictions. The second category covers people whose current status makes them legally disqualified from possessing a gun, such as fugitives, individuals who are habitually in an intoxicated or drugged condition, and people who are currently adjudged mentally incompetent.

Each of these categories requires careful analysis by a defense attorney, because labels can be misleading and records can be incomplete or wrong.

People With Felony Convictions

The most common basis for an unlawful possession charge is a prior felony conviction. Missouri law prohibits possession by a person who has been convicted of a felony in Missouri, or of a crime in another state or in federal court that would be a felony if it had been committed in Missouri.

This language raises several important questions that a defense lawyer should explore. One of the first questions is whether the prior offense was actually a felony, or whether it was a misdemeanor under Missouri law or the law of the other jurisdiction. Another question is whether the conviction was final or was later vacated, reduced, or set aside. It is also necessary to determine whether the record reliably proves that you are the person who was convicted of that offense.

In some situations, the State misreads out-of-state convictions or misunderstands older sentencing structures. A careful review of certified records, plea agreements, and judgments can sometimes show that the alleged prior offense does not qualify to make you a prohibited person under Missouri law.

Fugitives, Habitual Intoxication, And Mental Incompetence

Section 571.070 also covers people who are fugitives from justice, those who are habitually in an intoxicated or drugged condition, and those who are currently adjudged mentally incompetent.

The idea of being a “fugitive from justice” generally means more than simply having a warrant. It usually involves leaving a jurisdiction or taking steps to avoid being brought before the court. Whether your situation actually meets that definition depends on the specific facts and timeline of your case.

The phrase “habitually in an intoxicated or drugged condition” is also more complicated than it appears. It is not about occasional drinking or drug use. The State would need to present evidence that your condition is ongoing and habitual, and then connect that status to the time you allegedly possessed the firearm.

“Currently adjudged mentally incompetent” usually refers to a formal court finding. It is not enough for there to be informal opinions, medical notes, or family concerns. If the State claims that you fall into this category, your attorney will want to review underlying court orders and any mental health proceedings to determine whether the legal standard is truly met and whether the adjudication is still in effect.

The Antique Firearm Exception

Missouri’s statute provides that the portion dealing with prior felony convictions does not apply to possession of an antique firearm. Whether a gun qualifies as “antique” often depends on its age, design, and the type of ammunition it uses. Many modern reproductions of historical firearms do not qualify, even if they resemble older weapons.

If you are accused of unlawful possession based on a weapon that may be an antique, an experienced defense lawyer can work with firearms experts and examine serial numbers, manufacturing records, and technical details to determine whether the exception applies in your situation.

Felony Level And Possible Penalties

Unlawful possession of a firearm is a felony in Missouri. Under section 571.070, the standard offense is a class C felony. However, if the person has been convicted of a “dangerous felony” as that term is defined in section 556.061, or has a prior conviction for unlawful possession of a firearm, the offense is elevated to a class B felony.

Missouri’s general sentencing statute, section 558.011, sets the range of imprisonment for these felony classes. A class C felony carries a potential sentence of 3 to 10 years in the Missouri Department of Corrections. A class B felony carries a potential sentence of 5 to 15 years in the Department of Corrections. Class C felonies can also carry fines up to 10,000 dollars, and class B felonies may involve substantial financial penalties or restitution in some circumstances, depending on the facts of the case and any related conduct.

If the State alleges that your prior conviction is a “dangerous felony,” that label can trigger other sentencing consequences in Missouri law. In some cases, that can include rules that require a person to serve a significant portion of the sentence before becoming eligible for parole or conditional release. The exact impact depends on the nature of the prior offense and your overall criminal history.

Beyond prison and fines, a prohibited person conviction can affect your life in many ways. It can make it harder to find housing, obtain or keep professional licenses, secure employment, or legally possess any firearm in the future. Your lawyer’s job is not just to address the immediate criminal case, but also to help you understand and, when possible, minimize these long-term consequences.

How Federal “Prohibited Person” Laws Interact With Missouri Charges

Many people are surprised to learn that there are both state and federal laws governing who may possess a firearm. Missouri’s unlawful possession statute is separate from the federal Gun Control Act, which appears at 18 United States Code section 922(g).

Federal law lists several categories of prohibited persons, including people convicted of crimes punishable by more than one year of imprisonment, fugitives from justice, unlawful users of or addicts to certain controlled substances, people who have been adjudicated as “mental defectives” or committed to mental institutions, and individuals who are subject to qualifying domestic violence protective orders or have certain domestic violence convictions.

A federal felon-in-possession case under section 922(g) can carry up to 10 years in federal prison in many situations, and much more if the Armed Career Criminal Act applies due to several prior qualifying convictions. The United States Supreme Court has held that, in these cases, the government must prove not only that the defendant knew he or she possessed a firearm, but also that the person knew of the status that made gun possession illegal.

In practice, this means that some Missouri firearm possession cases may involve only state charges under section 571.070, while others may draw federal attention. In some situations, both state and federal authorities may be involved at different times. An attorney who understands both systems can help you navigate that complexity and avoid missteps that could expose you to harsher federal penalties or overlapping consequences.

What To Do If You Are Accused Of Being A Prohibited Person With A Firearm

If you learn that you are under investigation, or if you have already been arrested for unlawful possession of a firearm, your decisions in the first few days can affect the entire case.

You should not try to explain your side of the story to law enforcement without a lawyer present. Avoid discussing the incident on social media or in text messages. If you have documents related to any prior criminal cases, mental health proceedings, or protective orders, gather those materials and keep them in a safe place so you can share them with your attorney. It can also help to write down what happened while it is still fresh in your mind, including who was present, what officers said and did, and where items were found.

It is understandable to want to clear things up quickly, especially if you believe the firearm was not yours or that your prior record has been misinterpreted. Unfortunately, off the cuff explanations and casual conversations with officers often end up being used as evidence against you. Having counsel in place early helps you avoid unintentional mistakes and gives your lawyer more time to investigate and protect your rights.

Talk With A Missouri Firearm Crimes Defense Lawyer

A charge of possession of a firearm by a prohibited person in Missouri is serious, but it is not the same as a conviction. The State must still prove every element of the offense, starting with the legality of the stop or search and extending through your alleged prohibited status and any prior convictions.

If you are under investigation or have been charged in Taney County, Stone County, Christian County, or anywhere else in Missouri, you do not have to face the system alone. Scrivner Law Firm stands ready to evaluate your situation, review the evidence, and develop a strategy tailored to your circumstances.

To learn more about your options, you should contact Scrivner Law Firm to request a consultation with attorney Dayrell Scrivner. Speaking with a lawyer about your case is a critical first step toward protecting your record, your rights, and your future. This information is general in nature and is not a substitute for legal advice about your particular situation, so you should consult directly with counsel about how Missouri firearm laws apply to you.