What Is “Unlawful Use of a Weapon” in Missouri?

Missouri is considered one of the more gun-friendly states in the country, with laws that strongly protect the rights of gun owners. However, this does not mean that all firearm use is legal. The state still enforces strict laws that regulate how and where firearms can be carried, possessed, or discharged. 

One of the most common charges involving firearms in Missouri is called “Unlawful Use of a Weapon,” often abbreviated as UUW. This charge can apply to many different situations, and unfortunately, it is easy for someone to find themselves facing serious legal trouble even if they believed they were following the law. 

Whether you are a concealed carry permit holder, a gun owner exercising your rights, or someone accused of carrying a weapon in the wrong place, understanding what qualifies as unlawful use is essential. The primary law covering this offense is Missouri Revised Statutes Section 571.030. This statute outlines more than a dozen specific actions that can lead to a charge of unlawful use. While some of these actions are clearly dangerous or reckless, others are far more technical and may catch someone off guard.

Common Situations That Lead to UUW Charges

You do not need to fire a weapon to be charged with unlawful use. In many cases, simply possessing a firearm in a prohibited way or location can result in a criminal charge. Below are some of the most common behaviors that qualify as unlawful use of a weapon in Missouri:

• Carrying a concealed weapon into restricted locations such as schools, churches, courthouses, polling places, or any private property with posted signage forbidding weapons.
• Discharging a firearm from a moving vehicle or into an occupied dwelling or vehicle, which may be seen as an act of aggression or recklessness.
• Possessing a firearm while intoxicated, whether under the influence of alcohol or controlled substances. The law does not require the weapon to be used, only that it was in your possession.
• Carrying a weapon while also possessing illegal drugs, which can turn a simple possession charge into a more serious felony offense.
• Displaying or brandishing a firearm in an angry or threatening manner, even if no physical violence takes place. This can include pulling out a weapon during a verbal altercation.
• Making threats with a firearm, which may be charged as a criminal threat involving a weapon and considered a violent offense.

These are just a few examples, and each case depends heavily on the specific facts involved. Many individuals facing UUW charges were not intending to commit a violent act, but the law in Missouri holds people accountable for how firearms are used or possessed in certain contexts. For example, a person who legally owns a firearm could be charged with unlawful use simply for having the weapon in their car after having a few drinks at a restaurant. 

In other cases, someone may have no idea that their concealed carry permit does not allow them to bring their firearm into a certain location, such as a school or government building. If you are facing charges for unlawful use of a weapon in any of these circumstances, working with an experienced attorney is crucial. Our gun and weapons crimes defense attorney can help you understand the charges and your legal options.

Felony and Misdemeanor Penalties

The penalties for unlawful use of a weapon in Missouri vary depending on the specific offense and the person’s criminal history. In most cases, the charge is classified as a felony, which means the consequences can be life-altering. The following are the general classifications:

• Class D Felony: This is the most common classification for UUW charges. A conviction can result in up to 7 years in prison and a fine of up to $10,000.
• Class E Felony: In some cases, unlawful use of a weapon may be considered a Class E felony, which carries up to 4 years in prison along with fines and other penalties.
• Misdemeanor Charges: Less severe forms of UUW may be charged as Class A misdemeanors, which carry up to 1 year in jail and a fine of up to $2,000. This might apply if it’s a first-time offense with mitigating circumstances.

In addition to potential incarceration and fines, a felony conviction related to a weapon can lead to long-term consequences. You may lose the right to own firearms in the future, face increased penalties for any future offenses, and deal with damage to your reputation, career, and family life.

Legal Defenses to a UUW Charge

Just because someone is charged with unlawful use of a weapon does not mean they are automatically guilty. There are several legal defenses that an experienced criminal defense attorney may explore to protect your rights. Some of these include:

• Illegal search and seizure: If law enforcement officers violated your Fourth Amendment rights during the search that uncovered the weapon, the evidence may be suppressed in court.
• Lack of actual possession: In some cases, the accused may not have had the weapon within their control or may have been unaware it was present.
• Concealed carry permit compliance: If you had a valid permit and were in a lawful area, your actions may not constitute a violation of the law.
• Lack of intent: If you did not intend to use the weapon in a threatening or unlawful manner, the charge may be reduced or dismissed.
• False accusations or misidentification: In some cases, individuals are charged based on mistaken identity or inaccurate witness accounts.

Every case is unique, and the right defense strategy depends on the specific facts and evidence involved. A thorough investigation and strong legal advocacy can make a major difference in the outcome of your case.

Why Legal Help Matters

Unlawful use of a weapon is a charge that carries serious weight in the Missouri legal system. Prosecutors are often aggressive in pursuing gun-related offenses, and courts may impose harsh penalties if a conviction is secured. Whether you are facing your first criminal charge or have prior offenses on your record, it is critical to have a defense attorney who understands Missouri firearm laws and knows how to challenge the prosecution’s case. 

Bert Fulk has experience representing individuals charged with all types of weapons offenses, from simple possession to felony UUW charges. He understands what is at stake and will work to defend your freedom, your future, and your constitutional rights.

If you have been arrested or charged with unlawful use of a weapon in Missouri, we are here to help. Contact us today to speak directly with our criminal defense attorney and begin building your defense strategy.