Can a Felon Own a Gun in Missouri? Penalties and Restoration

No. A felon cannot legally own a gun in Missouri. Section 571.070 of the Missouri Revised Statutes makes it a felony for anyone convicted of a felony to knowingly possess any firearm, and federal law under 18 U.S.C. § 922(g) imposes a parallel ban that applies regardless of what the state does.¹² The only routes back to legal possession are a governor’s pardon or expungement of the underlying conviction, and both are narrow.

What Missouri’s Ban Actually Covers

Section 571.070 is broader than many people realize. It prohibits knowing possession of any firearm by anyone convicted of a felony under Missouri law, another state’s law, or federal law that would qualify as a felony in Missouri.¹

Two words matter. “Any” firearm means any: handguns, rifles, shotguns. Earlier versions of the statute restricted only concealable firearms and applied only to people convicted of “dangerous felonies.” The current version, last amended in 2024, reaches every firearm and every felony. A nonviolent conviction for something like check fraud triggers the same lifetime ban as a violent one.¹

“Knowingly” matters too. The state has to prove you knew the firearm was there and had control over it, which is the crux of most contested cases (more on that below).

The statute also bars firearm possession by fugitives from justice, people habitually in an intoxicated or drugged condition, and anyone currently adjudged mentally incompetent.¹

Penalties If You Are Caught

The baseline charge for a felon in possession of a firearm in Missouri is a Class C felony, punishable by three to ten years in prison.¹³ The charge becomes a Class B felony, carrying five to fifteen years, in two situations:

Your underlying conviction was for a “dangerous felony” under Section 556.061, which includes first-degree assault, first-degree robbery, second-degree murder, kidnapping, and armed criminal action.⁴
You have a prior conviction under Section 571.070 itself.¹

Then there is armed criminal action. If a felon uses a firearm while committing another felony, prosecutors can add an armed criminal action charge under Section 571.015. The sentence runs consecutively to the underlying offense. For someone unlawfully possessing a firearm, the minimum is five years, and there is no parole, probation, or suspended sentence eligibility during the first three. A second armed criminal action conviction jumps to a fifteen-year minimum, as does a third.⁵ This is how felon-in-possession cases turn into decades-long sentences.

The Federal Ban Stacks On Top

Even if Missouri law changed tomorrow, the federal ban would remain. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year in prison cannot possess any firearm or ammunition that has moved in interstate commerce.⁶ Federal prosecutors regularly bring these charges alongside or instead of state charges, especially against violent or repeat offenders. Conviction carries up to fifteen years. Defendants with three or more prior violent felony or serious drug convictions face a fifteen-year mandatory minimum under the Armed Career Criminal Act with no probation eligibility.⁷

People forget that the federal ban covers ammunition. A single box of bullets, without any gun present, is enough for a federal case, because virtually all commercially manufactured ammunition has crossed state lines.⁶ Federal law also bars anyone convicted of a violent felony from possessing body armor, with a narrow exception if an employer certifies in writing that it is necessary for the job.⁸

The Antique Firearm Exception

There is one carve-out felons ask about constantly, and it is real but narrow. Section 571.070 does not apply to the possession of an antique firearm.¹ Federal law reaches the same result by excluding antiques from the definition of “firearm” altogether.⁹

An antique firearm under federal law is one manufactured in or before 1898, a replica that cannot fire modern ammunition, or a muzzle-loading rifle, shotgun, or pistol designed to use black powder that cannot accept fixed ammunition.⁹ The ATF has warned that a muzzleloader or black powder weapon does not qualify if it uses a modern frame or receiver, was converted from a modern firearm, or can be readily converted to fire standard ammunition by swapping the barrel, bolt, or breechblock.¹⁰ Guessing wrong is a felony, so verify the classification before you take possession.

Unfinished Frames and “Ghost Guns”

A federal rule effective August 2022 treats a partially complete frame or receiver as a regulated firearm if it is designed to be, or can readily be, finished into a functional weapon. Many kits and “80% receivers” that used to be sold as unregulated parts now fall under the same restrictions as completed guns.¹¹ A felon in possession of one of these kits with a jig, template, or instructions is treated like a felon in possession of a finished gun. Raw metal or liquid polymer does not qualify, but once a component is clearly identifiable as an unfinished weapon part, it counts.

Getting Your Gun Rights Back in Missouri

Two paths exist. Neither is fast, and neither is guaranteed.

Gubernatorial Pardon

A full pardon from the Missouri governor restores all rights of citizenship and removes the collateral consequences of a conviction, including the firearm ban. A partial pardon provides more limited relief. Applications go through the Missouri Parole Board, which investigates the offense, your criminal history, your conduct since release, victim impact information, and input from the sentencing judge, prosecutor, and law enforcement, then makes a recommendation.¹² The governor has sole discretion, and most applications are denied.

Even a full state pardon may not clear the federal ban. Under 18 U.S.C. § 921(a)(20), a pardoned conviction is disregarded for federal purposes only if the pardon does not expressly prohibit firearm possession.¹³ A partial pardon that leaves firearm restrictions in place will not lift the federal disability.

Expungement

Section 610.140 allows a person to petition to expunge certain felony convictions after a seven-year waiting period from the date they completed their sentence, probation, or parole. You file in the court where the conviction occurred and must show no felony or misdemeanor convictions during the waiting period.¹⁴

The catch is the exclusion list. Class A felonies, dangerous felonies, sex offenses requiring registration, felony assault, domestic assault, kidnapping, and many specific statutes cannot be expunged. Section 571.070 itself is on the excluded list, so a prior felon-in-possession conviction cannot be cleared through this route.¹⁴

What can work is expunging the underlying, non-excluded felony that created the disability. A Missouri federal court ruled in 2023 that a successful Section 610.140 expungement restores the right to buy and possess firearms. In practice, the FBI’s background check system may still show the original conviction because the FBI is not a party to state expungement proceedings, so you may have to take additional steps to update federal records. Federal law under 18 U.S.C. § 921(a)(20) treats an expunged conviction the same as a pardoned one: it drops out for federal firearms purposes as long as the order does not expressly bar firearm possession.¹³

The Federal Restoration Program

18 U.S.C. § 925(c) technically allows individuals to apply to the Attorney General for relief from federal firearms disabilities. Congress has blocked funding for the program every year since 1992 through an appropriations rider that prevents the ATF from spending money to investigate or act on applications. In early 2025, the Attorney General withdrew the delegation from the ATF and began accepting petitions directly, on the theory that the rider restricts ATF funds rather than the Attorney General’s office. Whether this becomes a functional path is not yet clear. For now, the practical federal route is qualifying under Section 921(a)(20) through a state pardon, expungement, or restoration of civil rights (typically voting, jury service, and holding public office) that does not expressly restrict firearms.¹³

If a Background Check Denies You After Restoration

If your rights have been restored but a NICS background check still denies your firearm purchase, you can challenge the denial through the FBI. The preferred route is the FBI’s NICS e-Check portal; mailed challenges go to the FBI CJIS Division in Clarksburg, West Virginia. You will need the NICS Transaction Number or State Transaction Number from the denied check. Fingerprints are encouraged but not required. The FBI must respond within 60 calendar days.¹⁵ If the denial is sustained, you can contact the agency that holds the prohibiting record to fix inaccuracies or file a civil lawsuit under 18 U.S.C. § 925A.

Defenses If You Are Charged

Most felon-in-possession cases in Missouri turn on one of two questions: how the gun was found, and whether the defendant actually possessed it in the legal sense.

Unlawful Search and Seizure

The Fourth Amendment and Article I, Section 15 of the Missouri Constitution bar unreasonable searches and seizures. If police found the firearm during a traffic stop without probable cause, entered a home without a warrant or valid exception, or exceeded the scope of consent, the defense can move to suppress. In Missouri, the state bears the burden of proving by a preponderance of the evidence that the motion should be denied. Suppression usually ends the case.

Constructive Possession

Section 571.070 requires knowing possession, which can be actual (the gun was on you) or constructive (the gun was somewhere you knew about and controlled).¹ Constructive possession is where most cases are contested. The state must show both knowledge and the ability to exercise control. Simply being near a firearm, or living in a home where one is kept, is not enough on its own.

This comes up constantly in shared households. If your spouse or roommate legally owns firearms, the question becomes whether you had access and control. Defense attorneys argue the gun belonged to another household member and the defendant had no knowledge of the specific location or no way to reach it (for example, a locked safe with no shared key or combination). Prosecutors look for evidence the defendant handled the firearm, stored personal items near it, or had unrestricted access to where it was kept. There is no rule against a felon living in a home with legally owned guns, but the practical risk of a constructive possession charge makes the storage arrangement important.

1
Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 571.070 – Possession of Firearm Unlawful for Certain Persons
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 558.011 – Authorized Terms of Imprisonment
4
Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 556.061 – Code Definitions
5
Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 571.015 – Armed Criminal Action, Offense Of, Penalty
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Office of the Law Revision Counsel. 18 USC 924 – Penalties
8
Office of the Law Revision Counsel. 18 USC 931 – Prohibition on Purchase, Ownership, or Possession of Body Armor by Violent Felons
9
Office of the Law Revision Counsel. 18 USC 921 – Definitions
10
Bureau of Alcohol, Tobacco, Firearms and Explosives. Top 10 Frequently Asked Firearms Questions and Answers
11
Bureau of Alcohol, Tobacco, Firearms and Explosives. Final Rule 2021R-05F – Definition of Frame or Receiver and Identification of Firearms
12
Missouri Department of Corrections. Executive Clemency
13
Office of the Law Revision Counsel. 18 USC 921 – Definitions
14
Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 610.140 – Expungement of Certain Criminal Records
15
Federal Bureau of Investigation. Challenges / Appeals