Understanding the Consequences of Gun Charges in Missouri

---

If you are a felon near a firearm, the government may or may not prove that you were not in possession of the firearm. If you are a felon near a defaced firearm, you have more incriminating evidence against you. It's not necessarily a strict liability crime that if you are in possession of a firearm and it's defaced you are outright guilty.  But it is as close as you can possibly get.

All the prosecutor has to prove is that you had knowledge of it's existence in nature.

A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm that is defaced. There is also a charge for the act of defacing a firearm, which is an A misdemeanor but is a much less common charge.

In Missouri, simply pleading guilty to a felony doesn’t always mean you’re a convicted felon. This is important to understand, especially since even some police officers can get it wrong. If you’re on probation and received a Suspended Imposition of Sentence (SIS), that’s not considered a conviction. You may have pled guilty, but you’re not officially a convicted felon under Missouri law unless the conviction is finalized.

To be charged with felon in possession of a firearm, two things must be true: you must be a convicted felon, and you must have possession of the firearm. Without both of these factors, a charge may not hold up in court.

In Missouri, possession of a firearm isn’t as straightforward as it may seem. There are two types of possession: actual possession and constructive possession. Actual possession is what most people think of—physically holding the firearm. However, constructive possession is where things can get tricky.

Constructive possession means you don’t have to be holding the firearm, but it’s within your presence or control. For example, if you're the only person in a vehicle and a firearm is found inside, a jury might assume you possess it, even if it’s not directly on you.

However, that assumption isn’t always enough to convict. Prosecutors still have to prove you knew the firearm was there. If you were driving someone else’s car and the firearm was hidden in the trunk under things that aren’t yours, it becomes harder to prove you were aware of its presence. Even though the law might allow them to argue constructive possession, they must still show beyond a reasonable doubt that you knew about the firearm.

Understanding the difference between these two types of possession is key to defending yourself in cases involving illegal firearms or other possession-related charges.

If you’ve been convicted of a felony, it doesn’t automatically take away another person’s constitutional right to own a firearm. For example, if a husband owns firearms and his wife is a convicted felon for a non-violent crime, like theft, the wife typically wouldn’t be punished just because the husband is exercising his Second Amendment right to own firearms.

However, the situation can get complicated if the felon is in close proximity to the firearms. If the felon appears to have control over the firearms or is found to be handling them, it may be possible to prove that they were in possession, which could lead to legal issues. While the law doesn’t guarantee certainty, it’s important to understand that living with someone who owns firearms could still pose legal risks for a convicted felon.

When it comes to proving possession of a firearm, proximity and access are key factors. If you're the sole occupant of a vehicle and a firearm is found in places like the center console, the driver’s side floor, or the side pocket, it’s likely the police and prosecutor will argue that you had control over it.

However, it's not always a guarantee. While the prosecution may present evidence to suggest you had access to the firearm, it’s still possible for a jury to question that. I’ve handled cases where the evidence didn’t hold up, and the jury didn’t believe the defendant had possession. The main things they look at are how close you were to the firearm and whether you could reasonably access it. These details can make a big difference in your case.

In general, felons are not allowed to possess firearms. However, there are rare exceptions, such as situations involving self-defense. For instance, if a felon were to act in self-defense during an extreme situation, like stopping an active shooter, it’s possible they could technically be charged with unlawful possession of a firearm, but it’s unlikely. The law tends to be gray in these scenarios, and while the person could be charged under Missouri law, it’s rare for charges to actually be pursued in life-threatening situations.

Missouri law states that it’s illegal for a felon to knowingly possess a firearm. This also applies to individuals who are fugitives, habitually intoxicated or drugged, or currently deemed mentally incompetent. However, even with these restrictions, certain real-life situations may result in exceptions being considered.