No. Under Missouri law, a felon cannot own a gun, and the ban applies to every type of firearm and every felony conviction, violent or not. A separate federal law imposes the same prohibition, so even if Missouri’s rules changed tomorrow, the federal ban would still stand. The only built-in exception is for genuine antique firearms, and the only ways to restore the right are a gubernatorial pardon or expungement of the underlying conviction, each with real limits.
What Missouri Law Prohibits
Section 571.070 of the Missouri Revised Statutes makes it a crime for anyone convicted of a felony to knowingly possess any firearm. That includes felonies under Missouri law and any out-of-state or federal conviction for conduct that would qualify as a felony in Missouri.1Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 571.070 – Possession of Firearm Unlawful for Certain Persons
Two features of the current statute catch people off guard. First, it covers “any firearm,” not just concealable weapons. Earlier versions of the law were narrower; the version in force today, last amended in 2024, reaches rifles, shotguns, and handguns alike. Second, it reaches every felony conviction. A nonviolent felony like check fraud triggers the same lifetime firearm ban as a violent offense.1Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 571.070 – Possession of Firearm Unlawful for Certain Persons
The statute also bars firearm possession by fugitives from justice, people habitually in an intoxicated or drugged condition, and people a court has adjudged mentally incompetent. For felons specifically, the prohibition is lifetime unless rights are restored.
Federal law layers its own ban on top. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than one year in prison cannot possess a firearm or ammunition that has moved through interstate commerce.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because virtually all commercially manufactured ammunition crosses state lines at some point, this effectively bars possession of ammunition even when no gun is present. Federal law separately prohibits anyone with a violent felony conviction from buying or possessing body armor, with a narrow exception when an employer certifies in writing that the person needs it for work.3Office of the Law Revision Counsel. 18 USC 931 – Prohibition on Purchase, Ownership, or Possession of Body Armor by Violent Felons
What Counts as Possession
Missouri requires proof that you knowingly possessed the firearm, and possession comes in two forms: actual and constructive. Actual possession means the gun was physically on you. Constructive possession means the gun was somewhere you knew about and had the ability to control.1Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 571.070 – Possession of Firearm Unlawful for Certain Persons
That second category is where most felons get into trouble without realizing it. If you live with a spouse, partner, or roommate who legally owns firearms, the question becomes whether you have knowledge of the gun’s location and the ability to access it. Prosecutors look for signs of access: handling the weapon, storing personal belongings near it, having unrestricted entry to the room or safe where it’s kept. Defense attorneys argue the opposite, pointing to a locked safe the defendant has no combination to, or firearms kept in a space the defendant doesn’t use.
No Missouri law flatly forbids a felon from living in a home where someone else keeps firearms legally. The practical risk, though, is substantial. If you’re in that situation, the firearms need to be stored so that you genuinely cannot access them, and that arrangement needs to be defensible if police ever come through the door.
Penalties If You’re Caught
A first offense of felon-in-possession under Missouri law is a Class C felony punishable by three to ten years in prison.1Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 571.070 – Possession of Firearm Unlawful for Certain Persons4Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 558.011 – Authorized Terms of Imprisonment The charge climbs to a Class B felony, carrying five to fifteen years, in two situations: when the underlying conviction was for a “dangerous felony” as defined in Section 556.061 (first-degree assault, first-degree robbery, second-degree murder, kidnapping, armed criminal action, and similar offenses), or when the defendant already has a prior conviction under this same statute.5Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 556.061 – Code Definitions
Where the sentence can balloon is armed criminal action. If a felon uses a firearm while committing another felony, Section 571.015 lets prosecutors add an armed criminal action charge that runs consecutively to the sentence for the underlying crime. For someone unlawfully possessing a firearm, the minimum is five years, with no parole, probation, or suspended sentence available during the first three. A second conviction carries a fifteen-year minimum, and a third or subsequent conviction carries fifteen years as well.6Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 571.015 – Armed Criminal Action, Offense Of, Penalty Stacking these charges is how felon-in-possession cases turn into decades-long sentences.
Federal prosecutors can bring their own charges alongside or instead of the state case. A federal 922(g) conviction carries up to fifteen years. If the defendant qualifies as an “armed career criminal” under Section 924(e), meaning three or more prior convictions for violent felonies or serious drug offenses, the minimum sentence is fifteen years with no probation.7Office of the Law Revision Counsel. 18 USC 924 – Penalties
The Antique Firearm Exception
Both Missouri’s statute and federal law carve out an exception for antique firearms. Section 571.070 says the felony-conviction prohibition does not apply to possession of an antique firearm.1Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 571.070 – Possession of Firearm Unlawful for Certain Persons Federal law defines an antique firearm as 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.8Office of the Law Revision Counsel. 18 USC 921 – Definitions
The exception is narrower than it sounds. The ATF has made clear that a muzzleloader or black powder weapon does not qualify as antique 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.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Top 10 Frequently Asked Firearms Questions and Answers Getting the classification wrong exposes you to a felony charge. If you’re relying on this exception, verify the specific weapon meets the legal definition before you bring it home.
Restoring Your Gun Rights
Missouri offers two realistic paths back to firearm rights: expungement of the underlying felony, or a gubernatorial pardon. Each has limits worth understanding before you invest time and money.
Expungement of the Underlying Felony
Under Section 610.140, you can petition to expunge certain felony convictions after a seven-year waiting period that runs from the date you completed your sentence, probation, or parole. The petition is filed in the court where the conviction occurred, and you must show no new felony or misdemeanor convictions during the waiting period.10Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 610.140 – Expungement of Certain Criminal Records
A long list of offenses is excluded from expungement eligibility, including Class A felonies, dangerous felonies, sex offenses requiring registration, felony assault, domestic assault, and kidnapping. Section 571.070 itself is on the excluded list, so a prior felon-in-possession conviction cannot be expunged.10Missouri Revisor of Statutes. Missouri Revised Statutes RSMo 610.140 – Expungement of Certain Criminal Records What can work is expunging the original, non-excluded felony that created the firearm disability in the first place. A Missouri federal court ruled in 2023 that expungement under Section 610.140 fully restores the right to buy and possess firearms when the underlying conviction qualifies.
Federal law reaches the same result. Under 18 U.S.C. § 921(a)(20), an expunged conviction is not treated as a conviction for federal firearms purposes, provided the expungement order does not expressly bar firearm possession.11Office of the Law Revision Counsel. 18 USC 921 – Definitions A practical complication: the FBI is not a party to state expungement proceedings, so the NICS background check system may still show the old conviction. You may need to take additional steps to update federal records after the state court grants the order.
Gubernatorial Pardon
A full pardon from the governor restores all rights of citizenship and lifts the firearm ban. A partial pardon can provide more limited relief. All applications go through the Missouri Parole Board, which investigates and makes a recommendation. For applicants no longer confined, a probation and parole officer looks at the circumstances of the offense, criminal history, post-release conduct (employment, finances, community ties), victim impact, character references, and input from the original judge, prosecutor, and law enforcement.12Missouri Department of Corrections. Executive Clemency The governor has sole discretion, and most applications are denied.
A state pardon does not automatically remove the federal firearm ban. Under 18 U.S.C. § 921(a)(20), a pardoned conviction counts as not-a-conviction for federal purposes only if the pardon itself does not expressly prohibit firearm possession.11Office of the Law Revision Counsel. 18 USC 921 – Definitions A full pardon with no firearm carve-out should clear the federal barrier; a partial pardon that preserves the firearm restriction will not.
Challenging a NICS Denial
If your rights have been restored but a background check still blocks a purchase, you can challenge the denial through the FBI. The preferred route is the FBI’s NICS e-Check portal, and challenges can also be mailed to the FBI CJIS Division in Clarksburg, West Virginia. You’ll need the NICS Transaction Number or State Transaction Number from the denied check. Submitting fingerprints is encouraged but not required. The FBI must respond within 60 calendar days.13Federal Bureau of Investigation. Challenges / Appeals If the denial is sustained, you can work with the agency holding the prohibiting record to correct it, or file a civil lawsuit under 18 U.S.C. § 925A.
Missouri’s SAPA Does Not Protect You From Federal Law
Missouri’s Second Amendment Preservation Act, enacted in 2021, tried to declare certain federal firearms regulations invalid within the state and penalize local agencies that enforced them. A federal district court struck the law down as a Supremacy Clause violation, and the Eighth Circuit affirmed, enjoining state officials from enforcing any part of it. Federal firearms restrictions, including the felon-in-possession ban, apply in Missouri regardless of what SAPA said.