Armed criminal action under Missouri’s RSMo 571.015 carries a mandatory minimum of three years and a maximum of fifteen years in prison for a first offense, and that sentence must be served consecutively to whatever punishment the underlying felony brings. The penalties in Missouri escalate sharply for repeat convictions, rise further when the defendant unlawfully possessed the firearm, and block probation, parole, and conditional release for years. The charge exists as a separate felony, not a sentencing add-on, which is why the time stacks the way it does.
What Triggers the Charge
To convict someone of armed criminal action, prosecutors have to prove two things: that the defendant committed a felony under Missouri law, and that the defendant used a deadly weapon or dangerous instrument to commit it. The weapon has to play an actual role in the crime. A gun sitting in a glove compartment during a drug deal will not automatically qualify unless prosecutors can tie the firearm to how the offense was carried out.
Because this is a standalone charge, it appears as its own count on the indictment, requires its own proof, and produces its own conviction. A jury has to separately find the weapon element beyond a reasonable doubt.
Deadly Weapons and Dangerous Instruments
Missouri law splits the weapon element into two categories. A deadly weapon includes any firearm, loaded or unloaded, along with switchblade knives, daggers, blackjacks, and metal knuckles.1Missouri Revisor of Statutes. Missouri Code 556.061 – Code Definitions
A dangerous instrument is broader. It covers any object that, in the way it was actually used during the crime, is capable of causing death or serious physical injury.1Missouri Revisor of Statutes. Missouri Code 556.061 – Code Definitions A baseball bat in a closet is not a dangerous instrument. The same bat swung at someone’s head during a robbery is. The classification depends on use, which lets prosecutors bring the charge even when no traditional weapon is involved.
First-Offense Sentence
Armed criminal action is an unclassified felony. A first conviction carries three to fifteen years in the Missouri Department of Corrections.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty A judge has discretion within that range but cannot go below three years.
If the defendant was unlawfully possessing the firearm at the time of the offense, the mandatory minimum jumps from three years to five.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty That most often applies to people barred from possessing firearms under state or federal law, such as prior felons. The fifteen-year ceiling stays the same, but the floor rises.
Second and Third Offense Penalties
The escalation applies specifically to prior armed criminal action convictions, not to prior felonies generally.
- A second offense carries five to thirty years in prison. If the defendant unlawfully possessed a firearm, the minimum rises to fifteen years.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty
- A third or subsequent offense carries a minimum of ten years with no statutory maximum. Unlawful possession pushes the minimum to fifteen years.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty
The open ceiling on a third offense gives the sentencing judge wide latitude. Combined with the consecutive sentencing rule, a third conviction on top of a serious felony can mean decades in prison.
Why the Time Stacks
The statute requires that the armed criminal action sentence run consecutively to the sentence for the underlying felony.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty One sentence begins only after the other finishes. Take a defendant who receives eight years for robbery and five years for armed criminal action. The total is thirteen years, not eight.
Judges have no authority to order concurrent service. The rule is mandatory at every offense level. A felony that might otherwise carry a manageable term can double or triple in total length once the weapon count is layered on.
Probation, Parole, and Early Release Restrictions
The statute also limits how the sentence is served. During the restricted period, the defendant is ineligible for probation, parole, conditional release, or a suspended sentence of any kind. The restrictions scale with the offense level:
- First offense: no probation, parole, or conditional release for three calendar years.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty
- Second offense: five calendar years.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty
- Third or subsequent offense: ten calendar years.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty
Suspended imposition of sentence is off the table as well. In ordinary felony cases, a judge can sometimes withhold entering a conviction and place the defendant on probation. Armed criminal action removes that option. Every conviction results in actual prison time.
Both Convictions Stand
Punishing someone for both the underlying felony and armed criminal action does not violate double jeopardy. The U.S. Supreme Court settled the point in Missouri v. Hunter (1983), holding that the Double Jeopardy Clause does not prevent a legislature from authorizing cumulative punishments for the same conduct under two statutes when the legislature clearly intended that result.3Justia. Missouri v. Hunter, 459 U.S. 359 (1983) Because RSMo 571.015 states that the armed criminal action sentence is in addition to and consecutive to the underlying punishment, the intent is explicit.2Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty
Firearm Rights and Other Consequences After Conviction
An armed criminal action conviction is a felony conviction with the usual long-term consequences. The person loses the right to possess firearms under both state and federal law. Federal law under 18 U.S.C. § 922(g) prohibits anyone convicted of a felony from possessing firearms or ammunition, and that ban is permanent unless specific relief is obtained.
Two paths in Missouri can potentially restore firearm rights. A governor’s pardon restores gun rights under state and federal law. Missouri’s expungement statute, RSMo 610.140, allows certain felony convictions to be sealed after a three-year waiting period, which also restores rights lost as a collateral consequence. Serious violent felonies and many assault-related offenses are not eligible. Because armed criminal action typically accompanies violent felony charges, expungement is often unavailable for the underlying offense even if the armed criminal action count itself might qualify.
At the federal level, the Department of Justice is developing a process under 18 U.S.C. § 925(c) for individuals to apply for restoration of federal firearm rights.4Department of Justice. Federal Firearm Rights Restoration That program was still being implemented as of early 2025.