571.070. Possession of firearm unlawful for certain persons — penalty — exception. — 1. 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.
2. Unlawful possession of a firearm is a class C felony, unless a person has been convicted of a dangerous felony as defined in section 556.061, or the person has a prior conviction for unlawful possession of a firearm in which case it is a class B felony.
3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.
Notes of Decisions
Cited in
152
cases (
39 in the last 5 years), 1984–2025 · leading case:
State v. Honeycutt, 421 S.W.3d 410 (Mo. 2013).
State v. Honeycutt, 421 S.W.3d 410 (Mo. 2013).
· cites it 21× “Honeycutt filed a motion to dismiss the indictment’s third count, challenging the constitutional validity of § 571.070 as applied to him. Honeycutt alleged that, when he was convicted of possession of a controlled substance, that conviction did not prohibit him from owning a…”
State of Missouri v. Santonio L. McCoy, 467 S.W.3d 808 (Mo. 2015).
· cites it 20× “) OPINION CONCURRING IN RESULT I concur with the principal opinion’s holding that section 571.070 is constitutional under article I, section 23, as it was written at the time Santonio L.”
State v. Rodgers, 396 S.W.3d 398 (Mo. Ct. App. 2013).
· cites it 19× “The State appeals the trial court’s judgment granting defendant Gregory Allen Rodgers’s motion to dismiss the charge against him for unlawful possession of a firearm in violation of section 571.070 RSMo. In the State’s two points on appeal, it argues that the trial court erred…”
State v. Harris, 414 S.W.3d 447 (Mo. 2013).
· cites it 20× “” Section 571.070, RSMo 2000 (emphasis added).”
State of Missouri v. Marcus Merritt, 468 S.W.3d 892 (Mo. 2015).
· cites it 20× “) OPINION CONCURRING IN RESULT I concur with the principal opinion’s holding that section 571.070 is constitutional under article I, section 23, as it was written at the time Marcus Merritt (hereinafter, “Merritt”) was charged with his crimes.”
State v. Rogers, 753 S.W.2d 607 (Mo. Ct. App. 1988).
· cites it 40× “, appeals the judgment of conviction after a jury found him guilty of unlawful possession of a concealable firearm in violation of § 571.070 RSMo 1986. The trial court found appellant to be a persistent offender and sentenced him to fifteen years’ imprisonment to run…”
State v. Wahby, 775 S.W.2d 147 (Mo. 1989).
· cites it 10× “] Section 571.070 provides: 1. A person commits the crime of unlawful possession of a concealable firearm if he has any concealable firearm in his possession and: (1) He has pled guilty to or has been convicted of a dangerous felony, as defined in section 556.”
State v. Wade, 421 S.W.3d 429 (Mo. 2013).
· cites it 12× “150 is written in the style of all other provisions of the criminal code, such as § 571.070, 10 which criminalizes the possession of a firearm by a convicted felon and which this Court held is a criminal statute.”
State v. Rohra, 545 S.W.3d 344 (Mo. 2018).
· cites it 5× “Fischer, Chief Justice Alok Rohra appeals the circuit court's judgment convicting him of unlawful possession of a firearm in violation of *346 § 571.070. 1 Rohra argues the amended complaint and indictment charging him with unlawful possession of a firearm failed to allege the…”
State of Missouri v. Carl Antuane Purifoy, a/k/a Antuane Purifoy, a/k/a Akeen Carl Purifoy, 495 S.W.3d 822 (Mo. Ct. App. 2016).
· cites it 8× “On December 10, 2012, Purifoy was arrested when he was in possession of a firearm; Purifoy was subsequently charged, by amended information, with the class C felony of unlawful possession of a firearm, pursuant to section 571.070. 1 After a jury trial on March 18, 2015, Purifoy…”
State of Missouri v. Calvin Hutson, 487 S.W.3d 100 (Mo. Ct. App. 2016).
· cites it 3× “015; and unlawful possession of a firearm, section 571.070, RSMo Cum. Supp.2013. Hutson raises four points on appeal challenging the admission of certain testimony by witnesses; the sufficiency of the evidence to support the felony murder, robbery, and armed criminal action…”
State v. McCauley, 528 S.W.3d 421 (Mo. Ct. App. 2017).
· cites it 3× “Insufficient Evidence of Unlawful Possession of a Firearm by a Felon In Point III, the State argues the trial court erred in granting McCauley’s motion for judgment of acquittal as to Count I because there was sufficient evidence to support the jury’s verdict finding McCauley…”
— Mo. Rev. Stat. § 571.070(1) — 4 cases
— Mo. Rev. Stat. § 571.070(1)(1) — 1 case
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