A felon-in-possession charge in Missouri is a serious felony, not a paperwork problem or a technicality. Under RSMo 571.070, Missouri can send you to prison for up to seven years. A parallel federal charge under 18 USC §922(g) can add another ten. Both are defensible.
Attorney Brian J. Cooke handles felon-in-possession cases personally and digs into the prior conviction, the search that uncovered the firearm, and the prosecution’s theory of possession before anything else.
Call today at (314) 526-3779 or online to have an experienced felony defense lawyer review your case.
What Is Felon in Possession of a Firearm in Missouri?
RSMo 571.070 makes it unlawful for certain categories of people to knowingly possess any firearm. Missouri’s statute is narrower than many people assume. A prior conviction that sounds serious may not legally qualify as a "felony" under RSMo 571.070, and not every person with a record is automatically prohibited. The law applies to four categories of people.
Persons Convicted of a Felony
If you have been convicted of a felony in Missouri, any other state, or under federal law, you are prohibited from knowingly possessing a firearm. The charge does not require a recent conviction; an old felony on your record is enough for the state to bring this charge. However, the prior conviction must actually qualify as a felony under Missouri law.
Out-of-state convictions, expunged records, and pardoned offenses may not meet that standard, and we examine every prior conviction before accepting it as a valid basis for the charge.
Fugitives From Justice
A person who is actively fleeing prosecution or confinement for a felony, in Missouri or elsewhere, is prohibited from possessing a firearm. If there is an active warrant for your arrest, that status alone can support the charge.
Unlawful Users of a Controlled Substance
If you are an unlawful user of a controlled substance or have been committed to institutional care or treatment because of controlled substance use, you are prohibited from possessing a firearm under RSMo 571.070. This category does not require a drug conviction; the state can argue active use based on other evidence.
Persons Adjudged Mentally Incompetent
If a Missouri court has formally adjudged you mentally incompetent, you fall within the statute’s prohibition. This applies to formal judicial findings, not informal diagnoses or mental health history more broadly.
Missouri’s definition of who qualifies as a prohibited person is more limited than federal law and the laws of many other states. That distinction matters. If you do not clearly fall within one of these four categories, the charge may not hold up. Attorney Brian J. Cooke examines the basis for every felon-in-possession charge before accepting the state’s theory of the case
Penalties Under RSMo 571.070
Felon in possession is a Class D felony under Missouri law. A conviction carries a prison sentence of two to seven years, a fine of up to $10,000, or both. Beyond the sentence, a felony conviction triggers permanent restrictions on firearm, voting, and professional licensure rights. Non-citizens face immigration consequences as well.
Federal Charges Under 18 USC §922(g)
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing a firearm in or affecting interstate commerce. The maximum federal sentence is ten years. Federal charges often follow state charges when the firearm crossed state lines or was purchased through a licensed dealer.
The post-Bruen legal landscape, following the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, has opened new avenues to challenge federal firearm charges by requiring that restrictions on possession be grounded in this country’s historical tradition. These are arguments that did not exist under prior precedent and are worth exploring in every federal case.
What Happens After a Felon-in-Possession Arrest?
A felon-in-possession arrest moves fast. Law enforcement will likely take you into custody immediately, and the decisions made in the first 24 to 48 hours, bond, statements to police, and who you call, can shape the rest of your case
Arrest & Bond
After arrest, you will be held until a bond hearing. Felony firearm charges carry higher bond amounts than misdemeanor cases, and federal cases often carry a presumption against release. We can file a Bond Reduction Motion in state court if the initial amount is unworkable, and we can present evidence of community ties, your employment, residence, and family at the hearing.
Investigation & Discovery
Once released, we start working. Discovery in a felon-in-possession case involves obtaining the evidence the state has gathered: body and dash-cam footage, search warrant applications, the firearm itself, and, critically, the certified court records for every prior conviction the state intends to use to establish the charge. Those prior records are not automatically valid. We examine each one.
Pre-Trial Motions & Negotiations
The state’s leverage is the felony classification. Ours is whatever weakness exists in the prior record, the search that uncovered the firearm, or the evidence of knowing possession. A successful suppression motion, knocking out the firearm as evidence, typically results in dismissal. A successful challenge to a prior conviction can result in the charge being dismissed entirely. Negotiations that produce a reduced charge or a non-felony resolution are always on the table.
Trial & Resolution
If we cannot reach a plea agreement that meaningfully protects you, we are ready for trial. We prepare every client for that possibility. A jury that is not persuaded that the prosecution proved knowing possession, or that doubts the validity of the prior, can return an acquittal.
Aftermath
If you are convicted, you have the right to appeal to the Missouri Court of Appeals, Eastern District, or, if tried federally, to the Eighth Circuit. An appeal is not a retrial. It is an argument that an error in the proceedings caused the conviction. If the appeal succeeds, the case returns to the trial court.
Possible Defense Strategies for a Felon-in-Possession Case
A charge is not a conviction. The state must prove the underlying possession, the qualifying prior, and the validity of the police finding of the firearm. We challenge all three.
We Challenge Actual vs. Constructive Possession
The prosecution must prove you possessed the firearm, either actually (i.e., it was in your hand) or constructively (i.e., you had dominion and control over it). Proximity is not possession. If the firearm was in a shared car, a house where multiple people lived, or a space accessible to others, we argue the state has not met its burden. Juries regularly acquit when circumstantial evidence of proximity is the whole case.
We Attack Lack of Knowledge
Missouri’s statute requires knowing possession. If you did not know the firearm was present, the charge fails. We cross-examine the government’s witnesses on exactly how they believe you acquired that knowledge, and we present alternative explanations. Constructive possession without knowledge is not a crime.
We Examine Whether the Prior Conviction Qualifies
Not every prior conviction qualifies under RSMo 571.070. Out-of-state convictions may not translate cleanly to Missouri felonies. Old convictions may have been vacated, pardoned, or expunged. Some convictions for serious-sounding crimes may not meet the statute’s technical definition.
We pull the judgment and sentencing documents and analyze the elements of the prior offense. If the prior does not legally qualify, the charge cannot stand.
We Pursue Suppression of Illegally Obtained Evidence
If police lacked a valid warrant, exceeded the scope of a search, or stopped you without reasonable suspicion, the firearm they found may be suppressible as "fruit of the poisonous tree." Suppression of the firearm typically ends the case. We review every step of the search, the stop, the warrant application, the scope of the search, and file suppression motions wherever the Fourth Amendment was violated.
We Investigate the Antique Firearm Exception
RSMo 571.080 exempts antique firearms from the prohibition. A firearm manufactured before 1898, or designed to use black powder, is not covered by RSMo 571.070. If the firearm qualifies as an antique, the charge does not apply. We obtain manufacturer records and, when necessary, forensic analysis to establish the exception.
We Explore Restoration of Rights
Missouri does not automatically restore civil rights after a felony conviction. However, RSMo 610.140 provides a path to expungement in certain circumstances, and some older convictions may fall outside the statute’s reach if they have been pardoned or if the underlying crime is no longer classified as a felony. We look at every post-conviction avenue alongside the direct defense.
Why Hire Attorney Brian J. Cooke for Your Felon-in-Possession Case?
Felon-in-possession cases turn on two things: whether the prior conviction actually qualifies under the statute, and whether the search that uncovered the firearm was constitutional. Both require an attorney who will pull the certified court files, read the prior plea records, and know the suppression law well enough to challenge the stop and the search on their merits.
Attorney Brian J. Cooke handles these cases personally, not through a junior associate, and has spent his career helping good people stuck in bad situations. A charge is not a conviction. You have the right to fight it, and we are ready to help.
FAQs About Felon in Possession of a Firearm in Missouri
Can I be charged under both Missouri and federal law for the same firearm?
Yes. Missouri and the federal government are separate sovereigns. You can face charges under RSMo 571.070 and 18 USC §922(g) simultaneously. Double jeopardy does not prevent this. We coordinate defense strategy across both venues and work to structure any resolution so that sentences run concurrently, not consecutively.
What is the difference between state and federal charges?
Both prohibit felons from possessing firearms, but they differ in scope and consequences. Missouri’s penalty tops out at seven years; federal is ten. Federal convictions are governed by the U.S. Sentencing Guidelines, which calculate exposure differently than Missouri’s sentencing grid. Federal bail standards are also stricter; many federal firearm cases carry a presumption against pretrial release.
If I did not know the firearm was there, can I still be convicted?
Not under Missouri law. RSMo 571.070 requires knowing possession. If you did not know the firearm was present, the element of knowledge is missing, and the charge should fail. We make this a central argument in every case where knowledge is genuinely at issue.
Can my firearm rights be restored after a conviction?
Missouri does not restore rights automatically. Expungement under RSMo 610.140 may be available in certain cases, and a pardon can also affect the reach of the conviction. A conviction that no longer qualifies as a felony under current law may fall outside the statute’s scope. We investigate every option in your specific case.
Is a black powder or antique firearm covered by the law?
No. Antique firearms under RSMo 571.080, generally those manufactured before 1898 or designed to fire black powder, are exempt. If the firearm qualifies, the felon-in-possession law does not apply. We will investigate the firearm’s age and specifications to determine whether this exception applies.
What should I do if I am arrested with a firearm?
Do not answer questions. Tell police clearly: "I want to speak with a lawyer." Then contact our office. Anything you say, even an innocent explanation, can be used against you and misinterpreted. We protect your rights from the moment of arrest forward.
Should I take a plea or go to trial?
That depends on the strength of the evidence, the validity of the prior conviction, and what the state is offering. Some cases are strong trial candidates; others benefit from a negotiated resolution that reduces the charge or minimizes sentencing exposure. We evaluate both paths and recommend the one that best protects you.
Call a Missouri Firearms Defense Lawyer in St. Louis Today
A felon-in-possession charge is a felony. The state and federal government have full prosecutorial resources behind them; you should not face that alone. The early decisions in a firearm case (bond, suppression strategy, prior conviction analysis) shape everything that follows.
Call The Law Offices of Brian J. Cooke at (314) 526-3779 or use our contact form to schedule your free consultation.
