Missouri Revised Statutes
Chapter 571 - Weapons Offenses
Section 571.015 - Armed criminal action, offense of — penalty.

Effective - 28 Aug 2020, 2 histories
571.015. Armed criminal action, offense of — penalty. — 1. Any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the offense of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections for a term of not less than three years and not to exceed fifteen years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be for a term of not less than five years. The punishment imposed pursuant to this subsection shall be in addition to and consecutive to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of three calendar years.
2. Any person convicted of a second offense of armed criminal action under subsection 1 of this section shall be punished by imprisonment by the department of corrections for a term of not less than five years and not to exceed thirty years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be for a term not less than fifteen years. The punishment imposed pursuant to this subsection shall be in addition to and consecutive to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of five calendar years.
3. Any person convicted of a third or subsequent offense of armed criminal action under subsection 1 of this section shall be punished by imprisonment by the department of corrections for a term of not less than ten years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be no less than fifteen years. The punishment imposed pursuant to this subsection shall be in addition to and consecutive to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of ten calendar years.
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(L. 1977 S.B. 60, A.L. 2020 S.B. 600)
(1980) Armed criminal action statute which permitted conviction on charge of robbery first degree and on the same facts permitted conviction for armed criminal action was unconstitutional in that it violated the double jeopardy clause of the fifth amendment to the U.S. Constitution. Sours v. State (Mo.), 603 S.W.2d 592.
(1981) After reexamination in light of Albernaz v. United States, 450 U.S. 333, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981), the position of the Supreme Court expressed in Sours v. State, 603 S.W.2d 592 is affirmed, that by enacting statutes proscribing armed criminal action and robbery in the first degree with a dangerous and deadly weapon, the legislature intended to twice punish defendant for the same offense in violation of the double jeopardy clause of the Fifth Amendment. State v. Haggard (Mo.), 619 S.W.2d 44.
(1981) If evidence in case supports both crime of armed criminal action and underlying felony, jury may convict of only one, and jury must be instructed that the two offenses are submitted in the alternative and jury may not convict defendant of more than one of them. State ex rel. Westfall v. Ruddy (Mo.), 621 S.W.2d 42.
(1983) Conviction and sentence for both armed criminal action and first degree robbery in a single trial is not violative of the double jeopardy clause of the Fifth Amendment to the U.S. Constitution where the Missouri General Assembly intended that the punishment be cumulative, regardless of whether the statutes proscribed the same conduct under the test in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). Missouri v. Hunter (U.S.), 103 S.Ct. 673.
(1991) Where defendant was convicted of involuntary manslaughter and armed criminal action for causing the death of a person while driving in an intoxicated state, conviction was reversed because an armed criminal action requires a culpable mental state of acting purposely, knowingly or recklessly. Criminal negligence will not support an armed criminal action charge. State V. Hernandez, 815 S.W.2d 67 (Mo. App.).
(1993) In order for an automobile to become a dangerous instrument for purposes of this section, the operator or user of the automobile must possess an intent and motive for the automobile to be an instrument of harm. Mere recklessness in the operation of an automobile does not give rise to armed criminal action. State v. Pogue, 851 S.W.2d 702 (Mo. App. S.D.).
(1996) Statute is written in prohibitive sense and not as a grant of a right. McDermott v. Carnahan, 934 S.W.2d (Mo.banc).
(1998) Defendant may be convicted of armed criminal action and underlying crime without violating double jeopardy. State v. Blackman, 968 S.W.2d 138 (Mo.banc), State v. Flenoy, 968 S.W.2d 141 (Mo.banc).
(2001) Three-year statute of limitations applies to charges of armed criminal action. State v. Hyman, 37 S.W.3d 384 (Mo.App.W.D.).

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders

Chapter 571 - Weapons Offenses

Section 571.010 - Definitions.

Section 571.012 - Health care professionals not required to disclose patient firearm information, when.

Section 571.013 - Ownership of firearms records, closed records — violation, penalty.

Section 571.014 - Unlawful refusal to transfer by denying sale of a firearm to a nonlicensee, crime of — violation, penalty — inapplicability, when.

Section 571.015 - Armed criminal action, offense of — penalty.

Section 571.017 - Imposition of sentences for both armed criminal action and crime committed with deadly weapon authorized, exception.

Section 571.020 - Possession--manufacture--transport--repair--sale of certain weapons a crime--exceptions--penalties.

Section 571.030 - Unlawful use of weapons, offense of — exceptions — violation, penalties.

Section 571.037 - Open display of firearm permitted, when.

Section 571.045 - Defacing firearm, penalty.

Section 571.050 - Possession of defaced firearm, penalty.

Section 571.060 - Unlawful transfer of weapons, penalty.

Section 571.063 - Fraudulent purchase of a firearm, crime of — definitions — penalty — exceptions.

Section 571.067 - Surrendering a firearm to a political subdivision, valuable consideration prohibited, exceptions.

Section 571.070 - Possession of firearm unlawful for certain persons — penalty — exception.

Section 571.072 - Unlawful possession of an explosive weapon, offense of — penalty.

Section 571.080 - Transfer of concealable firearms.

Section 571.085 - Purchase in another state by Missouri residents, permitted when.

Section 571.087 - Purchase in Missouri by nonresident, permitted when.

Section 571.092 - Restriction on transfer and possession of firearms, petition for removal of, when, requirements.

Section 571.093 - Certain records closed to the public.

Section 571.095 - Confiscation of firearms and ammunition, when — exceptions.

Section 571.101 - Concealed carry permits, application requirements — approval procedures — issuance, when — information on permit — fees.

Section 571.104 - Suspension or revocation of endorsements and permits, when — renewal procedures — change of name or residence notification requirements — active military members, two-month renewal period.

Section 571.107 - Permit does not authorize concealed firearms, where — penalty for violation.

Section 571.111 - Firearms training requirements — safety instructor requirements — penalty for violations.

Section 571.114 - Denial of application, appeal procedures.

Section 571.117 - Revocation procedure for ineligible permit holders — sheriff's immunity from liability, when.

Section 571.121 - Duty to carry and display permit, penalty for violation — director of revenue immunity from liability, when.

Section 571.126 - List of persons who have obtained a concealed carry endorsement or permit, no disclosure to federal government.

Section 571.150 - Use or possession of a metal-penetrating bullet during the commission of a crime — definition — penalty.

Section 571.155 - Regulation by municipalities permitted — no prohibition at shooting ranges.

Section 571.205 - Issuance of lifetime or extended permit, requirements — application contents — sheriff's duties — recordkeeping — confidentiality of information — fees.

Section 571.210 - Suspension or revocation, when — procedures — reactivation — notice to sheriff required, when — renewal — background check.

Section 571.215 - Permit authorizes carrying on person or in vehicle — prohibited areas — penalty for violation.

Section 571.220 - Denial of application, right of appeal — appeal forms — right to trial de novo, when.

Section 571.225 - Revocation, petition to revoke, when — revocation form — hearing — appeal — sheriff immune from liability, when.

Section 571.230 - Duty to carry permit — display of permit, when — citation for violation.

Section 571.500 - Database and certain records, enabling or cooperating with state or federal government in developing prohibited, when.

Section 571.510 - Housing authorities not permitted to prohibit lessees from possessing firearms — definitions — immunity from liability, when.