Revisor Home

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 571

Effective - 01 Jan 2017, 3 histories, see footnote (history) bottom

  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.

­­--------

(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).


---- end of effective   01 Jan 2017 ----

use this link to bookmark section  571.070


 - All versions
Effective End
571.070 8/28/2020
571.070 1/1/2017 8/28/2020
571.070 8/28/2010 1/1/2017

In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Contact
Other Links
Oversight MOLIS Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@18:00:38.6 39 :)