Missouri has broad gun rights, including carrying a concealed firearm without a permit. But Missouri law still makes certain conduct with a weapon a crime, and several of those offenses are felonies.
This guide covers the two statutes behind most Missouri gun charges, unlawful use of a weapon under RSMo 571.030 and unlawful possession of a firearm under RSMo 571.070, the class of each offense, and how these cases are defended. It reflects RSMo 571.030 as amended effective August 28, 2026.
Unlawful use
What is unlawful use of a weapon in Missouri?
RSMo 571.030 lists specific conduct. The class depends on which subdivision is charged.
Exhibiting
Showing a weapon readily capable of lethal use, in the presence of others, in an angry or threatening manner. A class E felony. It often comes out of an argument, a road-rage incident, or a dispute at home.
Gun plus felony drugs
Possessing a firearm while also knowingly possessing enough of a controlled substance for a felony possession charge. A class E felony, in addition to the drug charge itself.
Shooting at or from a vehicle
Shooting at or from a motor vehicle, at a person, or at another vehicle or building, unless lawfully acting in self-defense. A class B felony, or a class A felony if anyone is injured or killed, with mandatory sentencing rules.
Shooting into a building or vehicle
Shooting into a dwelling, motor vehicle, or building used for assembling people. A class E felony.
Intoxicated or at school
Handling a firearm negligently or unlawfully while intoxicated, or bringing a firearm onto school property or a school bus. A class A misdemeanor if unloaded, a class E felony if loaded.
Restricted places
Carrying concealed into an area where firearms are restricted, carrying into a church, a polling place on election day, or a government building, and some discharge offenses. Usually a class B misdemeanor.
Concealed carry
Can you carry a concealed gun in Missouri without a permit?
Generally, yes, for adults who can lawfully possess a firearm. The exceptions are where people get charged.
Since 2017, Missouri has not required a permit to carry a concealed firearm for most adults who are not otherwise prohibited. Under the current statute, carrying concealed is an offense when it is done in an area where firearms are restricted under RSMo 571.107, a list that includes places such as courthouses, schools, and many government buildings, along with some private premises that post signs.
Permitless carry does not change who may possess a gun at all. A person with a felony conviction, a person who is a fugitive, and others listed in RSMo 571.070 cannot lawfully carry, permit or not. Federal law adds categories of its own.
Prohibited persons
Is felon in possession a felony in Missouri?
Yes. Unlawful possession of a firearm under RSMo 571.070 is a class C or class B felony.
It is a crime under Missouri law for a person to knowingly possess a firearm if they have a felony conviction from Missouri or another jurisdiction, are a fugitive from justice, are habitually intoxicated or drugged, or are currently adjudged mentally incompetent. The offense is a class C felony, 3 to 10 years, and a class B felony, 5 to 15 years, if the person has a prior dangerous felony conviction or a prior unlawful possession conviction. Antique firearms are excepted from the felony-conviction category.
The same facts can also be charged in federal court under 18 U.S.C. § 922(g), where the maximum is 15 years and a person with three qualifying priors faces a 15-year mandatory minimum. Gun cases that begin in state court are sometimes picked up by federal prosecutors.
Defenses
How do you fight a gun charge in Missouri?
Most gun cases are won or lost on four questions.
- Was the search lawful? Many gun charges begin with a traffic stop or a search of a car or home. If the stop or search was unlawful, the gun can be suppressed.
- Who possessed it? A gun under a seat in a shared car, or in a shared home, does not automatically belong to everyone there. The State must prove knowing possession.
- Was it self-defense? Missouri law protects the reasonable use or display of force in defense of yourself, others, and in some places your property. Many exhibiting cases are really self-defense cases.
- Does the conduct actually fit the statute? “Angry or threatening manner,” “readily capable of lethal use,” and “restricted area” are legal terms with limits. The details matter.
What a person says to police about why they had the gun, or what happened, often becomes the State’s strongest evidence. Say nothing about the facts until you have talked to a lawyer.
FAQ
Missouri gun charge questions
Is unlawful use of a weapon a felony in Missouri?
It depends on the subdivision charged. Exhibiting, shooting into a dwelling or vehicle, and having a gun with felony drugs are class E felonies. Shooting at or from a vehicle is a class B or A felony. Carrying into restricted places is usually a class B misdemeanor.
What is exhibiting a weapon in Missouri?
Showing a weapon readily capable of lethal use, in the presence of one or more people, in an angry or threatening manner. It is a class E felony under RSMo 571.030.
Can a gun charge be expunged in Missouri?
Some can and some cannot. Unlawful possession of a firearm and most unlawful use of a weapon offenses are excluded from expungement under RSMo 610.140. The specific subdivision and the rest of the record matter.
Will a weapons conviction cost me my gun rights?
A felony conviction ends the right to possess firearms under both Missouri and federal law. A completed SIS is generally treated differently because Missouri does not consider it a conviction.
Is it illegal to have a gun in the car with drugs in Missouri?
Possessing a firearm while knowingly possessing enough of a controlled substance for a felony possession charge is a separate class E felony. Small amounts of legal marijuana for adults are a different question.
See our weapons and firearm defense and expungement and gun rights pages, or call 573-638-8529. Federal gun issues: straw purchases and Glock switches.
Talk to us
How the gun was found usually matters most.
If you have been charged with a gun offense in Cole, Boone, Callaway, or elsewhere in Missouri, call before you talk to anyone about it.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri weapons law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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