Effective - 28 Aug 2020, 4 histories
571.070. Possession of firearm unlawful for certain persons — penalty — exception. — 1. A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:
(1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony; or
(2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.
2. Unlawful possession of a firearm is a class D felony, unless a person has been convicted of a dangerous felony as defined in section 556.061, in which case it is a class C felony.
3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.
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(L. 1981 H.B. 296, A.L. 1982 H.B. 1201, A.L. 2008 H.B. 2034, A.L. 2010 H.B. 1692, et al., A.L. 2016 H.B. 2332, A.L. 2020 S.B. 600)
(2013) Section prohibiting persons convicted of certain felonies from possessing firearms is not an ex post facto law because it does not apply to conduct completed before its enactment. State v. Harris, 414 S.W.3d 447 (Mo.banc).
(2015) Section criminalizing possession of a firearm by a convicted felon does not violate state constitutional right to bear arms. State. v. Merritt, 467 S.W.3d 808 (Mo.).
(2015) Section is narrowly tailored to achieve a compelling governmental interest in ensuring public safety and reducing firearm-related crime and thus passes strict scrutiny. State v. McCoy, 468 S.W.3d 892 (Mo.).
(2015) Section is a constitutional restriction of a convicted nonviolent felon's right to bear arms. State v. Clay, 481 S.W.3d 531 (Mo.).
(2018) Section does not violate Second Amendment of the U.S. Constitution as applied to person who had committed two serious felonies for which he served prison time, even if his federal right to possess a firearm had been restored. Alpert v. State, 543 S.W.3d 589 (Mo. banc).
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 571 - Weapons Offenses
Section 571.010 - Definitions.
Section 571.013 - Ownership of firearms records, closed records — violation, penalty.
Section 571.015 - Armed criminal action, offense of — penalty.
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 571.070 - 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 571.093 - Certain records closed to the public.
Section 571.095 - Confiscation of firearms and ammunition, when — exceptions.
Section 571.107 - Permit does not authorize concealed firearms, where — penalty for violation.
Section 571.114 - Denial of application, appeal procedures.
Section 571.155 - Regulation by municipalities permitted — no prohibition at shooting ranges.
Section 571.230 - Duty to carry permit — display of permit, when — citation for violation.