Missouri has some of the most permissive gun laws in the country — but the rules are more complicated than most people realize. A single misunderstanding about where you can carry, who can legally possess a firearm, or how federal law overlaps with state law can turn a legal situation into a criminal charge. If you are facing firearms charges in central Missouri, Bur Oak Legal provides direct, experienced criminal defense.
Missouri allows adults age 19 and older to carry a concealed firearm without a permit — as long as they can legally possess a firearm under state and federal law. This is known as permitless carry or constitutional carry. It took effect in 2017 and is codified at Missouri firearms statutes under Chapter 571 RSMo.
Before 2017, Missouri required a concealed carry permit for anyone who wanted to carry a concealed weapon. The law changed significantly, but it did not eliminate all restrictions. Permitless carry applies only to lawful gun owners, only in locations where carrying is permitted, and only under state law. Federal restrictions remain fully in effect regardless of what Missouri statute says.
Key point: Permitless carry means no permit is required — it does not mean no rules apply. Where you carry, who you are, and whether federal law permits it all still matter. A criminal defense attorney can help you understand whether a charge against you has merit.
Missouri's conceal carry permit program still exists, and many residents choose to obtain one even though the state no longer requires it. The primary reason: reciprocity. A valid Missouri concealed carry permit allows you to carry in other states that recognize Missouri permits — states that may not otherwise allow out-of-state carry.
A permit also provides documented proof that you are a lawfully authorized carrier, which can be useful when interacting with law enforcement in situations where your right to carry is questioned. Obtaining a permit does not limit or change your rights under Missouri's permitless carry law — it simply adds an additional layer of documentation.
Missouri's permitless carry law does not give you the right to carry a firearm everywhere. Under state law and federal law, a number of locations remain off-limits regardless of whether you have a permit. Carrying in a prohibited location can result in a criminal charge — even if you are otherwise a lawful gun owner.
Important: Carrying in a prohibited location is not just a warning situation. Depending on the location and circumstances, it can be charged as a misdemeanor or felony under Missouri's unlawful use of a weapon statute, or as a federal offense carrying federal penalties.
Missouri's permitless carry law applies only to people who can legally possess a firearm in the first place. A broad category of individuals are legally prohibited from possessing or carrying firearms under both state and federal law. If a prohibited person carries or possesses a firearm, the legal consequences are severe — regardless of what Missouri's permitless carry statute says.
Missouri's self-defense law is codified at § 563.031 RSMo and encompasses both the castle doctrine and stand your ground principles. Under this statute, a person who is not engaged in unlawful activity and who has a right to be in a location may use physical force — including deadly force — to defend themselves or others against a serious physical threat.
Critically, Missouri's law includes no duty to retreat. You are not required to attempt to escape or flee before using force in self-defense. This applies in your home, your vehicle, and any other location where you are lawfully present. The castle doctrine specifically addresses defense within your home and treats it as a place where your right to defend yourself is at its strongest.
Self-defense is an affirmative defense — meaning if you use force in self-defense, you must still be prepared to explain and document why the force was legally justified. Being legally entitled to self-defense does not mean automatic immunity from arrest or prosecution. An experienced criminal defense attorney is essential if you are charged after a self-defense situation.
To invoke self-defense under § 563.031 RSMo, the force used must be reasonable given the threat faced. Deadly force — force that could cause death or serious physical injury — may only be used when you reasonably believe it is necessary to protect yourself or another person from death, serious physical injury, or certain specified offenses such as robbery or kidnapping.
The law also provides that a person acting in lawful self-defense is immune from civil liability for the use of force in defined circumstances. This is a separate protection from the criminal defense, but it underscores how seriously Missouri law treats the right of self-defense.
Self-defense cases involving firearms are among the most complex criminal matters that come through Boone County Circuit Court. The facts of what happened, in what order, and who did what first are critical. If you are facing charges after a self-defense incident, Chris Miller will examine every detail of the situation to build the strongest possible defense.
One of the most important things to understand about gun law in Missouri is that state and federal law operate on parallel tracks. Missouri's permissive gun laws do not limit or override federal firearms law. Federal law under Missouri criminal statutes and 18 U.S.C. § 922 applies to everyone in Missouri, regardless of what the state statute permits.
Federal law prohibits a wide range of firearms-related conduct, including possession of a firearm by a prohibited person (felon, domestic violence misdemeanant, drug addict, fugitive, certain non-citizens), possession of an unregistered short-barreled rifle or shotgun, illegal trafficking of firearms across state lines, and possession of a firearm with the serial number removed or altered.
Even if Missouri law does not criminalize the specific conduct, federal law may — and federal prosecution is an entirely separate track from state prosecution. A person can be charged under both state and federal law for the same underlying conduct without violating double jeopardy protections.
Federal firearms convictions carry significantly harsher penalties than most state charges. A conviction under 18 U.S.C. § 922(g) — possession of a firearm by a prohibited person — can result in up to ten years in federal prison. When firearms are connected to drug trafficking offenses or other federal crimes, mandatory minimum sentences can push that number much higher.
Federal prosecutors also have broad discretion, substantial resources, and a high conviction rate. If you are facing federal firearms charges — or if a state firearms charge may attract federal attention — you need a criminal defense attorney who understands both how state courts and how federal courts approach these cases.
Do not assume that because Missouri law permits something, federal law does too. These are two separate systems with two separate sets of rules, and violating federal law carries consequences that Missouri law cannot override or excuse.
Being charged with a firearms offense in Missouri — whether at the state or federal level — is serious. The potential consequences include prison time, loss of gun rights, and a permanent criminal record. These are not cases where representing yourself or taking the first plea deal offered is a good strategy.
Missouri's unlawful use of a weapon statute (§ 571.030 RSMo) covers a range of prohibited conduct — including carrying a firearm while intoxicated, exhibiting a weapon in a threatening or angry manner, discharging a firearm in a residential area, and carrying in a prohibited location. UUW charges range from Class B misdemeanors to Class A felonies depending on the specifics, and the range in potential penalties is enormous.
Armed criminal action (§ 571.015 RSMo) is one of Missouri's most consequential firearms charges. If you commit a felony while armed with a dangerous or deadly weapon, you can be charged with ACA as a separate offense carrying its own mandatory minimum prison sentence. Critically, ACA sentences run consecutively — meaning on top of, not instead of — the underlying felony sentence. ACA charges can dramatically increase the total prison exposure in any case.
Under Missouri law, possession of a firearm by a person who has been convicted of a felony is a Class D felony by itself. It can be elevated to a Class B or Class A felony based on the specific circumstances — for example, if the firearm is a concealable weapon. When this charge is pursued at the federal level under 18 U.S.C. § 922(g), the penalty exposure is even higher, with up to ten years in federal prison. If you are a prohibited person and have been charged with possession, you should contact a criminal defense attorney immediately.
Firearms charges in Missouri involve multiple overlapping legal frameworks — state statute, federal statute, constitutional protections, and local court procedures. A charge that looks straightforward on paper often has meaningful defenses that only a careful examination of the facts and law will reveal.
Attorney Chris Miller is a criminal defense lawyer based in Columbia, Missouri, licensed since 2012. He represents clients charged with weapons offenses across central Missouri, including Boone, Callaway, Cole, Cooper, Howard, and surrounding counties. When you hire Bur Oak Legal, your case stays with Chris from the first consultation to the final outcome — no handoffs to associates or paralegals.
Potential defenses in firearms cases include challenges to the legality of the stop or search that led to the discovery of the firearm (Fourth Amendment suppression), challenges to the prosecution's evidence that you actually possessed or controlled the weapon (constructive possession), arguments about the applicability of the prohibited person status, and self-defense arguments where relevant.
Bur Oak Legal charges no fee unless we win. Call (573) 499-0200 or contact us online to schedule a free consultation about your firearms charge.
The following questions are among the most common ones attorney Chris Miller hears from clients facing firearms charges or questions about Missouri gun law. The answers below are general information — not legal advice for your specific situation.
Yes. Missouri law allows adults age 19 and older who can legally possess a firearm to carry a concealed weapon without a permit anywhere the state law permits firearms. This is known as permitless carry or constitutional carry, and it took effect in 2017 under § 571.030 RSMo. Certain locations remain off-limits regardless of permit status, and federal law applies in all circumstances regardless of what Missouri law permits.
Even under Missouri's permitless carry law, firearms are prohibited in schools and school buses, police stations and law enforcement offices, courthouses and courtrooms, bars and establishments where the primary business is the sale of alcohol for on-premises consumption, hospitals, government buildings open to the public, and any private property where the owner posts signage prohibiting firearms. Violating these restrictions can result in criminal charges under Missouri's unlawful use of a weapon statute or applicable federal law.
Yes. Missouri's castle doctrine and stand your ground law is codified at § 563.031 RSMo. Under this statute, a person who is not engaged in unlawful activity and has a right to be in a place may use physical force — including deadly force — to defend themselves or others against a serious threat. There is no duty to retreat in your home, your vehicle, or any other location where you are lawfully present. However, self-defense is an affirmative defense that must be raised and supported with evidence, and being charged after a self-defense incident is entirely possible. An experienced criminal defense attorney is essential in these situations.
Missouri's permitless carry law applies only to state offenses. Federal firearms law under 18 U.S.C. § 922 applies in Missouri regardless of what state law allows. Federal prohibited persons — including felons, domestic violence misdemeanants, and those subject to certain restraining orders — cannot legally possess firearms even if Missouri law would otherwise permit it. Federal firearms charges carry significantly harsher penalties than state charges, including mandatory minimum prison sentences in many cases. The two systems operate independently — you can be charged under both without double jeopardy concerns.
Being charged as a prohibited person in possession of a firearm is a serious felony under both Missouri and federal law. Under Missouri law, possession of a firearm by a felon is a Class D felony, but it can be elevated to a Class B or Class A felony depending on the circumstances. Federal charges under 18 U.S.C. § 922(g) can carry up to ten years in federal prison. If you are facing these charges, you need an experienced criminal defense attorney immediately. Contact Bur Oak Legal at (573) 499-0200 for a free consultation.
Many Missouri residents choose to obtain a concealed carry permit even though the state no longer requires one. The primary reason is reciprocity: a Missouri concealed carry permit allows you to legally carry in other states that recognize Missouri permits. A permit may also provide some legal documentation of your lawful status in situations where law enforcement questions you. Obtaining a permit does not change your rights under state law — you retain all the same rights you have under permitless carry — but it can be useful if you travel with a firearm across state lines.
Free consultation with attorney Chris Miller — no handoffs, no runaround. Call (573) 499-0200 or contact us online to get started.