In 2014, Missouri voters amended the Bill of Rights of in the Missouri State Constitution, specifically Article I, Section 23, to read as follows (amended language in bold):

That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity.

Immediately after passage, opponents raised concerns that the amendment would allow convicted felons to possess guns, including handguns, in effect nullifying Section 571.070.1(1) RSMo., which provides that a person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and “has been convicted of a felony under the laws of this state.” Section 571.070.1(1) is commonly referred to as the “felon in possession” statute. The felon in possession statute does not apply to “antique firearms” which are defined as “any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, said ammunition not being manufactured any longer; this includes any matchlock, wheel lock, flintlock, percussion cap or similar type ignition system, or replica thereof;”

Earlier this month, by a unanimous decision in State of Missouri vs. McCoy, the Missouri Supreme Court ruled that the constitutional amendment does not nullify the felon in possession statute to allow convicted felons to possess firearms.

Santonio McCoy of St. Louis, was arrested in 2012. At the time of his arrest, he was in possession of a pistol. McCoy had prior felony convictions for stealing, burglary, tampering, unlawful use of a weapon and resisting arrest. McCoy was charged with the unlawful possession of a firearm as a result of carrying the pistol. He filed a motion to dismiss the charge against him on the basis of the constitutional amendment which was passed while the charges were pending against him. The trial court denied the motion and McCoy was found guilty by a jury. He was sentenced to seven years imprisonment as a result.

McCoy asked the Supreme Court to find that the felon in possession statute violated the constitutional amendment. The Court specifically found that it did not. The Court ruled that the felon in possession statute was “narrowly tailored to achieve a compelling governmental interest. The State has a compelling interest in ensuring public safety and reducing firearm-related crime. … Prohibiting felons from possessing firearms is narrowly tailored to that interest because ‘it is well-established that felons are more likely to commit violent crimes than are other law-abiding citizens.’”

If you are a convicted felon, you may be in possession of an antique firearm under Missouri law. Currently, the only other way to possess a firearm is to obtain a pardon from the Governor. You can fill out an application for clemency here. Current Missouri Governor Jay Nixon has not issued many pardons, perhaps no more than 14, according to press releases from his official website.

If you need legal assistance, or for further information about criminal law, please contact us or call Kennedy, Kennedy, Robbins & Yarbro, LC, at (573)686-2459.