The Second Amendment of the U.S. Constitution guarantees the right to bear arms, but for individuals with a criminal record, this right can be significantly limited. Missouri, like other states, has laws restricting firearm ownership for certain individuals, particularly those with prior convictions. Understanding these laws is crucial for anyone with a criminal history who wants to know if they can legally own a firearm.
Missouri has relatively permissive gun laws compared to many other states. However, there are restrictions for individuals who have been convicted of certain crimes. According to Missouri Revised Statutes § 571.070, it is unlawful for individuals to possess a firearm if they:
Felony convictions are the most common reason for firearm restrictions. Under Missouri law, anyone convicted of a felony is prohibited from owning, purchasing, or possessing firearms. This prohibition applies regardless of whether the felony was violent or nonviolent. Violating this restriction can result in serious penalties, including additional felony charges and potential prison time.
Missouri also restricts firearm possession for individuals with misdemeanor convictions for domestic violence. This includes cases where the individual used or attempted to use physical force or threatened someone they were in a domestic relationship with, such as a spouse or partner. Domestic violence firearm restrictions are especially significant because they are also reinforced by federal law, making it difficult to challenge.
While Missouri law plays an important role in determining firearm rights, federal laws also apply. Under the Gun Control Act of 1968 (18 U.S.C. § 922), individuals convicted of felonies or certain domestic violence misdemeanors are prohibited from owning or possessing firearms. Federal law considers any crime punishable by imprisonment of more than one year to be a felony, regardless of the state’s classification.
Additionally, federal law prohibits firearm possession for individuals who:
Federal penalties for violating these restrictions are severe. A felon found in possession of a firearm can face up to 10 years in federal prison, in addition to significant fines. It’s important to note that federal laws take precedence over state laws, meaning even if someone’s rights are restored at the state level, they may still face federal prosecution for firearm possession.
In some cases, individuals with criminal records may be able to have their firearm rights restored. This process typically involves clearing or sealing their criminal record through expungement, receiving a pardon, or appealing to federal authorities. The specific steps and eligibility requirements vary depending on the type of conviction and whether the restrictions were imposed under state or federal law.
Missouri allows certain individuals to seek expungement of their criminal record. Expungement essentially erases a conviction from public records, restoring many of the rights lost due to the conviction. However, not all crimes are eligible for expungement. Violent crimes, including many felonies, are generally excluded from this process. Additionally, expungement in Missouri does not automatically restore firearm rights—it may only clear the way for you to apply for restoration through other legal avenues.
In rare cases, individuals can seek a pardon from the governor of Missouri to have their rights restored. A pardon is an official forgiveness of a crime and can restore firearm ownership rights in some circumstances. However, pardons are granted sparingly, and the process is lengthy and highly discretionary.
For individuals with federal restrictions, restoration of firearm rights is even more challenging. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) previously accepted applications for relief from federal firearm restrictions, but funding for this program was eliminated in the 1990s, and it has not been reinstated. As a result, federal restoration of firearm rights is currently not an option for most individuals.
Possessing a firearm as a prohibited person is a serious offense in Missouri and under federal law. If you are caught with a firearm, you could face new felony charges, even if you were unaware of the restrictions on your rights. Penalties for unlawful possession include substantial fines, prison time, and a permanent criminal record that can make it even harder to regain your rights in the future.
In addition to legal consequences, a firearm possession charge can have personal and professional ramifications, such as job loss, difficulties finding housing, and damage to your reputation. If you’re facing charges for unlawful firearm possession, it’s critical to act quickly and consult with an experienced gun crimes defense attorney.
For individuals with criminal records, understanding their firearm rights can be complicated. An experienced criminal defense attorney can review your case, explain the specific laws that apply to you, and help you explore options for restoring your rights. If you’re facing charges for unlawful firearm possession, your attorney can build a strong defense to protect your rights and minimize the consequences.
At Bert Fulk, Attorney at Law, we specialize in defending clients against gun and weapons charges in Missouri. We understand how complex these cases can be and are dedicated to fighting for your rights and freedom. Whether you need help understanding your legal status or defending yourself against charges, we’re here to provide the support and guidance you need.
If you have questions about your firearm rights or are facing gun-related charges, don’t wait to take action. Contact us today to schedule a consultation. We’ll work tirelessly to protect your rights and help you find the best possible outcome for your situation.
Copyright © 2025 Bert Fulk Attorney At Law | XML Sitemap | HTML Sitemap