Weapons charges can carry significant penalties if you are convicted, and when these incidents can start from something as simple as a traffic stop or an argument, you need help defending your right to carry a firearm. Convictions for weapons charges can have long-term effects, so finding an experienced weapons and gun charge attorney is your top prerogative.
The criminal defense attorneys with the Law Offices of Brian J. Cooke help people accused of gun and weapon offenses throughout the St. Louis area, standing up as an advocate for gun owners’ rights. With the right defense, we can help you mitigate the consequences for your charges and help you keep your access to firearms. Contact us today to schedule your free consultation.
Understanding Weapons Charges in Missouri
In Missouri, RSMo §571.030 governs the possession and use of firearms. If you are found to have violated these laws, you may face severe penalties, including fines and potential jail time. Some common weapons charges in Missouri include:
- Unlawful possession of a firearm
- Carrying a concealed weapon without a permit
- Possession of an illegal firearm by a convicted felon
- Illegal sale or transfer of firearms.
Weapons charges can often arise from seemingly innocent interactions with police or from seemingly unrelated incidents, like a traffic stop or welfare check. There might be specific circumstances where possession or use of a firearm is considered illegal, even if it is one you have bought legally. Legal counsel is essential to defending your rights.
Open Carry & Concealed Carry Confusion
Missouri allows both open carry and permitless concealed carry in many situations, but that does not mean every form of carrying a firearm is automatically lawful.
A weapon carried openly in one setting may still cause problems if the police believe it was concealed improperly or intentionally brought into a restricted place. Confusion about those rules leads to a surprising number of weapons investigations in St. Charles County.
Are All Weapons Charges Felonies?
Certain allegations immediately raise the stakes in a weapons case. Prior convictions can be one of the biggest problems because prosecutors may argue that you possessed the firearm illegally from the start. Allegations involving school zones can also push your case into felony territory very quickly.
Weapons Charges Our Firm Handles
Your arrest might involve police claiming you carried a firearm unlawfully. In other cases, prosecutors accuse someone of possessing a weapon illegally because of a prior conviction, or where officers say the firearm was discovered. Some investigations also focus on firearm transfers or allegations tied to permit applications. Our office handles cases involving:
- Unlawful use of a weapon allegations tied to displayed or discharged firearms
- Unlawful possession of a firearm accusations involving prior felony convictions or prohibited possession claims
- Armed criminal action charges connected to another alleged offense involving a weapon
- Possession of a defaced firearm allegations involving altered serial numbers or identifying marks
- Unlawful transfer of weapons accusations involving firearm sales or transfers prosecutors believe violated Missouri law
- Firearm trafficking investigations involving the alleged movement of weapons across state lines
- Permit and background check fraud allegations tied to concealed carry applications or firearm purchases
Some Gun Charges Can Be Charged Federally
Your case might also be heard in federal court depending on what investigators claim happened with the firearm. Federal agencies regularly work alongside local police during these investigations. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) may become involved during trafficking investigations or firearm tracing reviews. Federal search warrant operations tied to alleged weapons offenses can also trigger BATFE involvement. Prosecutors may coordinate with federal authorities when they believe the investigation involves prohibited possession allegations under RSMo § 571.070.
One firearm arrest can sometimes lead to both Missouri charges and federal charges at the same time. Prior felony convictions may trigger federal firearm allegations under 18 U.S. Code Section 922(g). Certain domestic violence restraining orders and some immigration restrictions can also lead to federal involvement. Between 2017 and 2021, BATFE firearm trafficking investigations documented nearly 230,000 trafficked firearms across 7,779 trafficking cases nationwide. That level of enforcement means investigators often spend significant time tracing where firearms came from before the arrest occurred.
Where is Firearm Use & Carry Restricted in Missouri?
Although the right to bear firearms is a constitutional right, there can still be restrictions on carrying weapons in public. Some weapons charges happen because someone walks into the wrong place carrying a firearm, assuming they have the right to do so. In St. Louis and St. Charles County, police regularly investigate these allegations after courthouse screenings or traffic stops involving concealed weapons. Business owners also sometimes call the police after spotting a firearm inside a posted restricted area.
Courthouses and Government Buildings
The St. Charles County courthouse draws a surprising number of weapons allegations because people sometimes arrive carrying a firearm without realizing weapons are prohibited inside the building. Government buildings with security checkpoints trigger these allegations regularly too.
Bars and Public Venues
Police often respond aggressively when a firearm allegation involves alcohol or a crowded public setting. Sporting events and concerts around St. Charles can receive the same attention once officers receive a complaint involving a weapon. Even legal gun owners sometimes end up needing a St. Charles gun charge lawyer after police claim the firearm was carried into a restricted venue.
Schools and Posted Private Property
Schools and college campuses remain some of the strictest firearm-restricted locations in Missouri. Posted private businesses can also become an issue when someone refuses to remove a firearm after being warned by staff or property owners.
Penalties and Long-Term Consequences of Weapons Charges
The penalties you face can change quickly once prosecutors decide whether they believe your case involves misdemeanor conduct or felony-level allegations. Some of the most common penalties tied to Missouri weapons charges include:
- Unlawful use of a weapon charges ranging from Class B misdemeanors to Class A felonies when prosecutors claim the firearm caused serious injury or death
- Unlawful possession of a firearm charges carrying up to 7 years in prison for Class D felonies and up to 10 years for certain prior felony allegations
- Armed criminal action accusations carrying mandatory prison exposure separate from the underlying felony allegation
- Possession of a defaced firearm charges punishable by up to six months in jail and fines up to $1,000
- Unlawful transfer of weapons allegations carrying penalties ranging from Class E felonies up to Class C felonies in more serious cases
Defending Against Weapons Charges
A weapons arrest does not automatically mean the police version of events is accurate. Officers may recover a firearm during a traffic stop or search without fully knowing who actually possessed the weapon. Witnesses can also describe the same incident in completely different ways once prosecutors begin reviewing the reports. A strong defense often starts by looking closely at how police handled the investigation and whether the evidence actually supports the allegation.
Challenging Illegal Searches and Seizures
A lot of weapons cases start after officers search a vehicle during a traffic stop. Problems can arise when police continue searching after the original reason for the stop was already resolved. Warrantless searches can create similar issues, especially when officers recover the firearm without clear legal justification. If police violated Fourth Amendment protections against unreasonable search and seizure, we may ask the court to block prosecutors from using that evidence later in the case.
Lawful Possession and Self-Defense
Legally owning a firearm does not automatically stop police from making an arrest after a confrontation or disturbance call. Officers responding afterward may only hear one side of the story before deciding how to handle the situation.
Self-defense laws in Missouri can become especially important when someone says the firearm was displayed for protection rather than used unlawfully. Under RSMo § 563.031, state law allows force in certain self-defense situations, but prosecutors will still look closely at how you handled the firearm during this specific incident.
Where Weapons Charges Are Handled in St. Charles County
You might first be required to appear in municipal court in places like St. Peters or O’Fallon before prosecutors decide whether your case should move into the St. Charles County courthouse instead.
Your early court dates will usually focus on bond conditions and arraignments while prosecutors continue reviewing the police reports or firearm evidence from your arrest. Your case could also move into federal court in St. Louis if prosecutors claim the investigation involves interstate firearm movement or prohibited possession allegations.
St. Charles Weapons Charges FAQ
Can I be charged if the gun was not mine?
Yes, you can. Police may still accuse you of possessing the firearm if officers believe you had control over it during the stop or investigation.
What happens if police find a gun during a traffic stop?
Police may take the firearm into evidence while prosecutors review the stop and decide whether charges should be filed.
Can police charge more than one person for the same firearm?
Yes. That happens more often than people expect after traffic stops involving several passengers. Police may accuse multiple people of possessing the same weapon even when nobody admits the firearm belonged to them.
What happens if someone accuses me of threatening them with a firearm?
Police may still open a criminal investigation even when no shots were fired and nobody was injured. Prosecutors often focus heavily on witness statements in these cases.
Can I still own firearms after a felony conviction?
In many situations, no. Missouri and federal law both restrict firearm possession for certain felony convictions. You may also run into problems trying to purchase another firearm later, even if the conviction happened years ago.
Why People Hire The Law Offices of Brian J. Cooke for Weapons Cases
By the time most people start calling lawyers, the police report is already written and the firearm is sitting in evidence. You may still be trying to figure out what actually mattered during the stop or why prosecutors are treating the allegation so seriously. Sometimes the biggest issue is who the police claim possessed the weapon.
In other cases, prosecutors focus heavily on what was said during questioning or whether officers should have searched the vehicle in the first place. The Law Offices of Brian J. Cooke works with people facing weapons allegations in the city of St. Charles and St. Charles County and cases that may later draw attention from federal investigators.
Speak With a St. Charles Weapons Charges Lawyer Today
The Law Offices of Brian J. Cooke works with people throughout St. Charles County who are suddenly trying to make sense of a weapons investigation against them. If you need a St. Charles weapons charges lawyer after an arrest or interrogation with police, contact us today and sit down with someone who can explain what the police report actually says and what might be next for your case.
