Gun charge lawyer in St. Louis, MO |

If you’re charged with violating any of Missouri’s gun laws, the penalties can be severe. However, there can be times when you can get a firearm charge against you reduced or dismissed. By hiring a St. Louis criminal defense attorney, you’re well-equipped to do just that.

Attorney John Schleiffarth is a founding member of the American Council of Second Amendment Lawyers, and we’re proud to assist gun owners throughout Missouri with questions about their gun rights. We aggressively defend criminal charges involving guns. To get started, call (314) 561-9690.

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LET'S TALK

Why should I hire an attorney if I was charged with a gun crime?

There is no reason to accept a weapon charge. With help from a gun lawyer in St. Louis, you can receive plenty of legal help. Your attorney offers assistance in several areas, including:

Building a legal defense

Your gun charge attorney in St. Louis can answer frequently asked questions about criminal cases. On top of that, your lawyer takes as much time as needed to learn about your case and what they can do to dispute your firearm charge. From here, your lawyer builds a legal strategy to help you achieve the best possible case results.

Helping you navigate the legal process

Accepting a gun charge and the penalties that accompany it can damage your reputation long into the future. A gun charge attorney in St. Louis works with you as you move through the legal process. They keep you up to date at each stage of this process and make sure you can overcome any legal challenges that come up along the way.

Avoiding severe penalties

If you violate a Missouri gun law, you risk a fine or prison or jail time. A St. Louis gun charge lawyer protects your legal rights and advocates for you as they contest your weapon charge. They can also negotiate a plea bargain on your behalf.

As soon as you’re charged with a gun crime, hire a lawyer. It is best to look for an attorney with a great track record in firearm crime cases. This lawyer knows what it takes to contest gun charges to the fullest extent of the law.

JCS Law can assist if you get charged with violating any of Missouri’s weapon laws. Our team can teach you about these laws and provide legal tips and insights to help you resolve your case. For more information, please reach out to us.

Missouri gun laws

In Missouri, certain conditions must be met before a person can be charged with unlawful use of a weapon. Per Missouri law, these conditions include:

Carrying a firearm into an area where firearms are prohibited.
Firing a firearm on a train, boat, aircraft, or any building where people are present.
Firing a gun within 100 yards of a school.
Knowingly having a gun and illegal drugs together
Carrying a gun while in an intoxicated or drugged condition
Displaying or brandishing a gun in an angry or threatening manner

Missouri has gun laws in place for a reason: to protect its residents. If you own a firearm, you must follow local firearm laws. Otherwise, you risk putting yourself and others in danger.

A gun crime lawyer in St. Louis can discuss instances in which a person can be charged with violating laws in Missouri. If you face a firearm charge, an attorney will give your case the attention it deserves. They will commit the time, energy, and resources to explain the different types of weapons and violations charges in Missouri and what you can do to defend against them.

Types of weapons violations and charges

There is no such thing as a one-size-fits-all weapons violation or charge in Missouri. Some of the reasons why people are charged with weapon crimes in Missouri include the following.

Unlawful use of a weapon

Missouri has conditions in place for when people are allowed to use a weapon. Generally, you can’t fire a gun at a person or vehicle or in a building where people gather unless you’re acting in self-defense. Also, it is illegal to handle a firearm if you are intoxicated.

Unlawful possession of a firearm

It is against the law to own a firearm if you have been convicted of a felony, are a fugitive of justice, or are mentally incompetent. Unlawful possession of a firearm is a class D felony in Missouri. If you’re convicted of unlawfully possessing a firearm, you can face up to seven years in prison, one year in jail, or a fine of up to $10,000.

Concealed carry violations

Missouri is a permitless carry state. You don’t need a permit to carry a firearm in Missouri. Yet, there are still restrictions on where you can carry a gun in Missouri. You genrally can’t carry a gun into a school or other designated places across the state. If you do, you can be charged with a concealed carry violation.

Unlawful transfer

An unlawful transfer of a firearm occurs when one person loans or gives a gun or ammunition to someone who isn’t allowed to possess a weapon. For example, you can inadvertently sell a gun to someone who has been convicted of a felony. If this happens, you can face a criminal charge for unlawful transfer.

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Burglary/theft of firearms

Burglary and theft are property crimes in Missouri. If you knowingly steal a gun from someone else, you will be charged accordingly. In the worst-case scenario, you can be convicted of a felony that comes with a prison sentence that lasts up to 30 years.

When you know about weapons charges and violations, you can protect against such issues. If you have been charged under Missouri law for a weapon charge or violation, seek out legal help. You can partner with a St. Louis firearm crime attorney who can help you get your charge lowered or dropped.

Where can I legally carry a gun in Missouri?

You can legally carry a gun in most places in Missouri. Certain areas however, are designated as “prohibited areas” for carrying a firearm. These areas include:

Schools (without special approval from the administration of the school)
Churches (without special approval from the governing body of the church)
Professional sporting events
Law enforcement offices
Courthouses
Polling booths
The property of any school or school bus stop
Public buses
College campuses
Childcare facilities
Hospitals
Casinos
Bars and establishments where alcohol is the primary item for sale, or more than 50% of revenues are derived from the sale of alcoholic beverages
Amusement parks
Government meetings and government facilities with posted restrictions
Private establishments with properly posted firearm restrictions

Note: If you carry a firearm into a place prohibited by state law and you possess a concealed carry permit, it will not be a criminal act but it may subject you to denial to the premises or removal from the premises. If you refuse to leave after being asked to leave, you may be issued a citation for an amount not to exceed one hundred dollars for the first offense.

It is important to understand that private businesses in St. Louis can put up signage to indicate that you cannot carry a gun inside. In addition, bars and restaurants often prohibit guests from carrying guns.

When in doubt about carrying a firearm in Missouri, err on caution. By leaving your firearm at home, you avoid any carry restrictions. You can consult with an attorney at JCS Law to get specific advice.

Possible defenses to a gun charge in Missouri

Every firearm case is unique, and an attorney will approach each one with an open mind. With this approach, a lawyer can develop a legal strategy for their client. Next, the attorney and their client can implement this strategy and work toward settling the case in as little time as possible.

There are several possible legal defenses to use to combat a firearm charge in St. Louis, St. Charles, Jefferson County, Franklin County, and elsewhere in Missouri. These defenses include the following:

No knowledge of a firearm

There can be times when someone plants a weapon on you, or it mistakenly winds up in your possession. For instance, a gun can end up in your car after you loaned your vehicle to a friend. In this situation, you can claim that you had no idea that the firearm was in your car.

Believing an actual gun was a “replica”

You may purchase a “replica” gun and believe it is actually harmless. Regardless, the replica may turn out to be the real deal. At this point, you can argue that you were unaware that the replica you originally bought was a real gun.

Self-defense

You may need to fire your gun to defend yourself. Self-defense is one of your most important defenses in most shooting cases. You have a right to defend yourself. Missouri law defines places under circumstances in which you can legally use deadly force. Your lawyer can help you claim self-defense and show that you did everything you could to avoid having to fire your gun in the first place.

Not intoxicated while using a gun

If police charge you with using a firearm while intoxicated, they must be able to provide proof to validate their claim. The results of a field sobriety test can be disputed. If you can raise doubts about your field sobriety test results, you may be able to avoid a conviction for unlawful use of a weapon.

False accusation

A former spouse or someone else may accuse you of stealing their firearm. They can even reach a point where they plant a gun on you without your knowledge. If you have been falsely accused of burglary or theft of a firearm, an attorney can build a defense that shows the claims against you are false.

If you’re charged with a firearm violation, do not wait to dispute it. By meeting with an attorney, you can take the first step to contest any charges against you. Your lawyer will learn about your case and develop a legal strategy that aligns with your best interests.

As you search for a lawyer to represent you in your gun crime case, consider an attorney’s skills and experience. If a lawyer has received dozens of positive client testimonials, it bodes well for their ability to handle your case. Once you hire this attorney, you may find they will go the extra mile to ensure all of your legal needs are met.