Section 571.070

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 571

Effective - 01 Jan 2017, 5 histories, see footnote   (history) 

  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.

  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)

Effective 1-01-17

(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).