☰ Revisor of Missouri


Chapter 571

< > Effective - 28 Aug 2010, 4 histories, see footnote (history) bottom

  *571.070.  Possession of firearm unlawful for certain persons — penalty — exception. — 1.  A person commits the crime 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.

  2.  Unlawful possession of a firearm is a class C felony.

  3.  The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.


(L. 1981 H.B. 296, A.L. 1982 H.B. 1201, A.L. 2008 H.B. 2034, A.L. 2010 H.B. 1692, et al.)

*This section was amended by H.B. 2332, 2016, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.

(2013)  Section prohibiting persons convicted of certain felonies from possessing firearms is not an ex post facto law because it does not apply to conduct completed before its enactment.  State v. Harris, 414 S.W.3d 447 (Mo.banc).

(2018) Section does not violate Second Amendment of the U.S. Constitution as applied to person who had committed two serious felonies for which he served prison time, even if his federal right to possess a firearm had been restored.  Alpert v. State, 543 S.W.3d 589 (Mo. banc).

---- end of effective  28 Aug 2010 ----

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571.070 8/28/2020
571.070 1/1/2017 8/28/2020
571.070 8/28/2010 1/1/2017
571.070 8/28/2008 8/28/2010

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