Can Felons Own Guns in Missouri?
Contents
Overview of Federal and State Laws
In the United States, the possession of firearms is heavily regulated, with both federal and state laws playing a crucial role in determining who can and cannot own guns. At the federal level, the National Instant Criminal Background Check System (NICS) is responsible for conducting background checks on individuals seeking to purchase firearms. The system checks for certain disqualifying factors, including a conviction for a felony offense.
Felony Convictions and Firearm Ownership
In Missouri, individuals convicted of a felony are generally prohibited from owning or possessing firearms. This prohibition is outlined in Missouri Revised Statutes Section 571.070, which states that a person who has been convicted of a felony is not eligible to own or possess a firearm. This law applies to individuals who have been convicted of a felony in Missouri or in another state.
Types of Felonies that Disqualify an Individual from Owning a Gun
Not all felonies are created equal when it comes to firearm ownership. The following types of felonies are considered "felonies of violence" and can disqualify an individual from owning a gun:
• Aggravated assault: an intentional and unlawful attack that is likely to cause serious physical harm or death.
• Robbery: the taking of property from another person using force, threats, or intimidation.
• Burglary: the unauthorized entry into a dwelling or structure with the intent to commit a crime.
• Arson: the intentional and malicious burning of a dwelling or structure.
• Manslaughter: the killing of another person in a reckless or intentional manner.
Exemptions and Exceptions
While most felony convictions will disqualify an individual from owning a gun, there are some exceptions and exemptions that can apply:
• Restoration of Gun Rights: In Missouri, an individual who has been convicted of a felony can apply to have their gun rights restored through a process called "expungement" or "pardon." If the application is granted, the individual’s gun rights will be restored.
• Non-Violent Felonies: Individuals who have been convicted of non-violent felonies, such as theft or drug-related offenses, may be eligible to have their gun rights restored after a certain period of time.
• Municipal Ordinances: Some cities and towns in Missouri have their own ordinances governing the possession of firearms. These ordinances may be stricter than state law and could prohibit individuals with felony convictions from owning guns.
Consequences of Illegal Gun Ownership
It is important to note that individuals who are convicted of a felony and who are found to be in possession of a firearm can face severe consequences, including:
• Criminal Charges: An individual who is convicted of a felony and is found to be in possession of a firearm can face additional criminal charges, including felony possession of a firearm.
• Enhanced Sentencing: If an individual is convicted of a crime while in possession of a firearm, they may face enhanced sentencing, including longer prison terms.
• Loss of Civil Liberties: Individuals who are found to be in possession of a firearm while convicted of a felony may also lose certain civil liberties, such as the right to vote or to serve on a jury.
Conclusion
In conclusion, individuals with felony convictions in Missouri are generally prohibited from owning or possessing firearms. However, there are some exceptions and exemptions that can apply, and individuals who are interested in having their gun rights restored should consult with a legal professional to determine their eligibility. It is important to note that illegal gun ownership can have severe consequences, including criminal charges, enhanced sentencing, and loss of civil liberties.
