JEFFERSON COUNTY MISSOURI WEAPONS OFFENSE LAWYER

Except as provided in subsection 4 of this section, any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections and human resources for a term of not less than three years.

A person commits the crime of defacing a firearm if he knowingly defaces any firearm.

Defacing a firearm is a class A misdemeanor.

A person commits the crime of fraudulent purchase of a firearm if such person: (1) Knowingly solicits, persuades, encourages or entices a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this state or the United States; or (2) Provides to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm or ammunition; or (3) Willfully procures another to violate the provisions of subdivision (1) or (2) of this subsection.

Fraudulent purchase of a firearm is a class E felony.

A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm which is defaced.

Possession of a defaced firearm is a class B misdemeanor.

A person commits the offense of unlawful possession of an explosive weapon if he or she has any explosive weapon in his or her possession and: (1) He or she has pled guilty to or has been convicted of a dangerous felony, or of an attempt to commit a dangerous felony, or of an offense under the laws of any state or of the United States which, if committed within this state, would be a dangerous felony, or confined therefor in this state or elsewhere during the five-year period immediately preceding the date of such possession; or (2) He or she is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.

Unlawful possession of an explosive weapon is a class D felony.

A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and: (1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony; or (2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.

Unlawful possession of a firearm is a class D felony.

A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells: (1) An explosive weapon; (2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon; (3) A gas gun; (4) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or (5) Knuckles; or (6) Any of the following in violation of federal law: (a) A machine gun; (b) A short-barreled rifle or shotgun; (c) A firearm silencer; or (d) A switchblade knife.

An offense pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section is a class D felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is a class A misdemeanor.

A person commits the offense of unlawful transfer of weapons if he: (1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, is not lawfully entitled to possess such; (2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child’s custodial parent or guardian, or recklessly, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child’s custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the Armed Forces or National Guard while performing his official duty; or (3) Recklessly, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class E felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.

A person commits the offense of unlawful use of weapons, if he or she knowingly: (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use into any area where firearms are restricted; or (2) Sets a spring gun; or (3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section, or any building or structure used for the assembling of people; or (4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or (5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense; or (6) Discharges a firearm within one hundred yards of any occupied schoolhouse, courthouse, or church building; or (7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or (8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or (9) Discharges or shoots a firearm at or from a motor vehicle, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board; or (11) Possesses a firearm while also knowingly in possession of a controlled substance, other than less than 35 grams of marijuana.

The punishment for unlawful use of weapons can range from a class B misdemeanor to a class A felony, depending on the circumstances.

The term “metal-penetrating bullet” means handgun bullet or projectile of 9 mm, .25, .32, .38, .357, .41, .44, or .451 or other caliber which is comprised of a hardened core equal to the minimum of the maximum attainable hardness by solid red metal alloy which purposely reduces the normal expansion or mushrooming of the bullet’s or projectile’s shape upon impact. Metal-penetrating bullet does not include any bullet or projectile composed of copper or brass jacket with lead or lead alloy cores or any bullet or projectile composed of lead or lead alloys.

Any person who uses or possesses a metal-penetrating bullet during the commission of a crime is guilty of a class B felony.