St. Louis Weapons Crimes Attorney

There are generally two categories for weapons crime charges in St. Louis. Either the unlawful possession of a firearm or the unlawful use of a weapon (“UUW”). 

Many “special circumstances” will be evaluated to determine how you’re charged, including:

• Whether the weapon in question was concealed

• If the weapon was exhibited angrily or threateningly, even if you did not fire it

• Whether or not the weapon was readily capable of lethal use

• The location you brought the weapon into (churches, government, office, etc.)

• Whether you used the weapon to harm another person or property

• Whether the location has posted signs indicating that the premises are off-limits to concealed firearms

Weapons crimes charge classifications can range from a Class A misdemeanor to a Class D felony.

If you committed a felony with the use or assistance of a dangerous instrument or deadly weapon, this is referred to as armed criminal action. This is an unclassified felony with sentences ranging from three to 30 years imprisonment, depending on the severity of the crime.

Unlawful Use of a Weapon (UUW)

The unlawful use of a weapon (UUW) focuses on what you were doing when you had the weapon in your possession. 

Was it being used for intimidation? Was it used to help carry out another crime? Were there drugs or alcohol involved? 

There are many ways that you can be charged with unauthorized use of a weapon under Missouri law:

• Exhibiting a weapon in an angry or threatening manner

• Possessing a weapon while intoxicated

• Possessing a weapon while simultaneously possessing a controlled substance

Without other criminal acts, the unlawful use of a weapon will result in a Class E felony charge.

Unlawful Weapon Possession

The unlawful possession of a firearm refers to the unauthorized or illegal ownership of dangerous instruments, firearms, explosives, or other weapons found violating federal law. 

You can be found guilty of unlawful weapon possession if the state can prove you knowingly were involved with the illegal weapon in the context of:

• Possession

• Manufacturing

• Transportation

• Repairing

• Selling

In St. Louis, the term “possession” in weapon-related crimes can refer to actual possession or constructive possession.

• Active possession – Situations where the weapon is physically in the defendant’s hand or on their person
• Constructive possession – When the weapon is controlled by the defendant, within reach of the defendant, or the defendant knows that an unauthorized weapon is in their presence

Penalties for Weapons Crimes Charges in St. Louis

The penalties for a weapons offense vary greatly depending on how the state classifies your charge. Like many other criminal charges, once they appear on your record, they can make it difficult to return to your everyday life. 

Even after serving jail time and paying off your fines, a small misdemeanor will show up on your criminal record when applying for jobs, handling child custody arrangements, or trying to obtain a firearm in the future. Here are the penalties for weapons crimes in St. Louis.

Possession of an Illegal Weapon (Misdemeanor)

To convict you of this offense, the State must prove beyond a reasonable doubt that the defendant knowingly; possessed, manufactured, transported, repaired, or sold:

• A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm, or knuckles.

Possession of an illegal weapon (misdemeanor) is considered a Class A misdemeanor punishable by up to one year in county jail and fines of up to $2,000.

Possession of an Illegal Weapon (Felony)

To convict you of this offense, the State must prove beyond a reasonable doubt that the defendant knowingly; possessed, manufactured, transported, repaired, or sold:

• An explosive weapon, or

• An explosive, incendiary, or poisoned substance or material with the purpose to possess, manufacture, or sell an explosive weapon or

• A gas gun, or

• Other weapons in violation of federal law (machine gun, short-barrelled rifle, shotgun, silencer, switchblade)

Possession of an illegal weapon (felony) is considered a Class D felony punishable by up to seven years in prison and fines of up to $10,000.

Unlawful Use of Weapons (Exhibiting)

To convict you of this offense, the State must prove beyond a reasonable doubt that the defendant knowingly:

• Exhibited in the presence of one or more persons, any weapon capable of lethal use, in a threatening or angry manner.

Unlawful use of weapons (exhibiting) is considered a Class E felony punishable by up to four years in prison and fines of up to $10,000.

Unlawful Use of Weapons (Possession of a Firearm and Controlled Substance)

To convict you of this offense, the State must prove beyond a reasonable doubt that the defendant knowingly:

• Possessed a firearm; while also knowingly,

• Possessing a controlled substance that is a felony violation in the Missouri controlled substance law.

Unlawful use of weapons (possession of a firearm and controlled substance) is considered a Class E felony punishable by up to four years in prison and fines of up to $10,000.

Unlawful Possession of a Firearm (Felon in Possession of a Firearm)

To convict you of unlawful possession of a firearm—also known as Felon in Possession of a Firearm—the State must prove beyond a reasonable doubt that the defendant knowingly:

• Had any firearm in your possession; and,

• You have 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 in this state, would be a felony.

Unlawful possession of a firearm (also known as Felon in Possession of a Firearm) is considered a Class D felony punishable by up to seven years in prison and fines of up to $10,000. Sometimes this offense is charged in federal court, where the penalties will be much more serious and often involve mandatory minimum prison sentences.

Armed Criminal Action

To convict you of this offense, the State must prove beyond a reasonable doubt that the defendant knowingly committed a felony; by, with, or through the use of a:

• Dangerous instrument, or

• Deadly weapon.

Armed criminal action is considered an unclassified felony punishable by up to 30 years imprisonment. By statute, the punishment for this offense “shall be in addition to any punishment provided by the law for the crime committed.”

There is no eligibility for parole, probation, or a conditional release for three calendar years from the sentencing.

What to Do if You’re Facing Weapons Charges in the St. Louis Area

If you’ve been arrested and are facing weapons violations, your next steps are crucial. 

Regardless of the events that may have gotten you to this point, how you conduct yourself during your arrest and proceedings can play an important role in your case’s outcome:

• Remain calm (remember your rights). Do your best to remain stable and control your emotions. Cooperate with law enforcement, and provide necessary information like your name and date of birth. Do NOT give any information that the prosecution can use to implicate you for the crime – Always remember you have the right to remain silent.

• Get help from an attorney. The second most important right to remember during an arrest— you have the right to legal counsel. Do NOT discuss your case with anyone besides your attorney. They can provide sound advice (that’s in your best interest) to help you navigate the legal process.

Once you are allowed — Contact a knowledgeable St. Louis weapons crimes attorney. They will immediately work on building an effective representation for you while providing sound advice to help you move forward in the best way possible. Whether you plead innocent or guilty, finding out ALL of your options before your trial is crucial.

Find the Best St. Louis Weapons Crimes Attorney for Your Case

Look for an attorney that takes your future as seriously as YOU DO. Experienced in various criminal defense cases, including stealing, property damage, and assault — Rose Legal Services will work hard to get you the best possible results. 

Let’s start your case off with a free consultation, take the time to thoroughly review and inspect your case, and create a STRONG defense.

St. Louis Weapons Crimes Attorney

If you’ve been wrongfully accused or made a mistake, take legal action today. Rose Legal Services exclusively defends clients against criminal defense and weapons crimes charges in St. Louis County, St. Louis City, and surrounding areas. 

With nearly 20 years of experience, you can rest assured we will work tirelessly and aggressively to defend you in a court of law:

• Immediate & effective representation
• Flat-fee criminal law firm
• Get the UNDIVIDED ATTENTION your case needs
• Take legal action TODAY
• All Cases begin with a FREE consultation

You must retain a St. Louis weapons crimes attorney as soon as possible to help protect your freedom. Whether this is a first-time offense or you’ve been charged before, we can help you get the best possible results in your weapons crimes case — Start building your defense today with a free consultation.