Missouri

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Missouri prohibits the possession of a firearm by:

• Any person convicted of a felony under Missouri law or a crime under any state’s laws or federal law which, if committed in Missouri, would be classified as a felony;
• A fugitive from justice;
• A person habitually in an intoxicated or drugged condition; or
• A person currently adjudged mentally incompetent.¹

Missouri law allows a person who is intoxicated to possess a firearm as long as he or she does not handle or use it in a negligent or unlawful manner or discharge the weapon (except when acting in self-defense). Intoxicated persons may also possess a firearm that is: 1) not readily accessible; 2) transported in a nonfunctioning state; or 3) unloaded when ammunition is not readily accessible.²

See our Prohibited Purchasers policy summary for a comprehensive discussion of this issue.

1. Mo. Rev. Stat. § 571.070.1. [↩]
2. Mo. Rev. Stat. §§ 571.030.1(5), 571.030.3, 571.030.5. [↩]

Last updated April 3, 2012

In our publication Gun Laws Matter 2012: Understanding the Link Between Weak Laws and Gun Violence, the Law Center ranked each state based on a review of state laws in 29 different firearms-related policy areas. Missouri ranked 27th out of 50 – having enacted few gun violence prevention laws. Among other things, Missouri does not:

• Require a background check prior to the transfer of a firearm between unlicensed parties;
• Prohibit the transfer or possession of assault weapons, 50 caliber rifles or large capacity ammunition magazines;
• Require firearms dealers to obtain a state license;
• Require gun owners to obtain a license, register their firearms, or report lost or stolen firearms;
• Limit the number of firearms that may be purchased at one time;
• Impose a waiting period on firearm purchases;
• Regulate unsafe handguns (“junk guns” or “Saturday night specials”);
• Significantly regulate ammunition;
• Allow local governments to regulate firearms; or
• Give local law enforcement discretion to deny a concealed carry endorsement.

In 2009, Missouri ranked 13th among the states in number of gun deaths per capita. 822 people died from firearm-related injuries in Missouri in that year. In both 2008 and 2009, Missouri had the highest rate of black homicide victimization among the 50 states, according to an analysis performed by the Violence Policy Center. In addition, based on data published by Mayors Against Illegal Guns, an unusually high proportion of guns that are originally sold in Missouri and are recovered after being used in crimes are recovered soon after the original purchase – a good indicator of crime gun trafficking.
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Missouri prohibits “recklessly” selling, leasing, loaning, giving away or delivering any firearm to a person under age 18 without the consent of the child’s custodial parent or guardian.¹

Missouri prohibits anyone from violating the federal law prohibiting a person under age 18 from possessing a handgun or handgun ammunition and prohibiting anyone from selling or transferring a handgun or handgun ammunition to a person under age 18.².))

Federal law imposes stricter age restrictions in certain situations.

See our Minimum Age to Purchase / Possess Firearms policy summary for a comprehensive discussion of this issue.

1. Mo. Rev. Stat. § 571.060.1(2). [↩]
2. Mo. Rev. Stat. § 571.080 (referring to 18 U.S.C. § 922(x [↩]

(This section was last updated June 29, 2012.)

Missouri law does not:

• Prohibit individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, unlike federal law;
• Prohibit individuals subject to domestic violence protective orders from possessing firearms or ammunition, unlike federal law;
• Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition under federal law;
• Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law; or
• Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.¹

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

1. For prohibitions on obtaining a concealed carry endorsement due to a domestic violence order of protection, see the Concealed Weapons Permitting in Missouri page. [↩]

(This section was last updated December 19, 2010.)

For persons convicted for committing or attempting to commit a felony in which a firearm is used in any manner, Missouri law authorizes, but does not require, the convicting court to order the confiscation and disposal, or sale or trade to a licensed firearms dealer, of any firearms or ammunition used in the commission of the crime or found in the possession or immediate control of the defendant at the time of his or her arrest.¹

Missouri has no other law requiring the removal of firearms from individuals prohibited from possessing them.

1. Mo. Rev. Stat. § 571.095. If the firearms or ammunition are not the property of the convicted felon, they shall be returned to their rightful owner if he or she is known and was not a participant in the crime. Id. [↩]

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Missouri is not a point of contact state for firearm purchaser background checks. In Missouri, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.¹

See our Background Checks policy summary for a comprehensive discussion of this issue.

Missouri does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See our Private Sales policy summary.

1. Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map. [↩]

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”¹ No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

In Missouri, all records required to be closed – that is, confidential – are generally inaccessible to the public.² However, records and files concerning court proceedings for mental health and psychiatric issues are available to the Missouri State Highway Patrol for reporting to the FBI for inclusion in NICS.³

When a criminal defendant is acquitted on the ground of “mental disease or defect excluding culpability,” the judgment must state that fact along with the offense for which the defendant was acquitted.⁴ The clerk of court must furnish a copy of any judgment, or order of commitment to the Missouri Department of Mental Health, to the criminal records central repository.⁵

In addition, a person who has been adjudged incapacitated or involuntarily committed may petition for the removal of the disqualification to possess a firearm. If the petition is granted, the court clerk must forward the order to the Missouri State Highway Patrol for updating of the petitioner’s record with NICS.⁶

For general information on the background check process and categories of prohibited purchasers or possessors, see the Missouri Background Checks and Missouri Prohibited Purchasers Generally sections.

See our Mental Health Reporting policy summary for a comprehensive discussion of this issue.

1. 18 U.S.C. § 922(d)(4). [↩]
2. Mo. Rev. Stat. § 610.120(1). [↩]
3. Mo. Rev. Stat. § 630.140.5. [↩]
4. Mo. Rev. Stat. § 552.030(7). [↩]
5. Id. See Mo. Rev. Stat. §§ 43.503.6, 43.503.7. [↩]
6. Mo. Rev. Stat. § 571.092. [↩]

Missouri imposes no restrictions on purchases or sales of multiple firearms.

See our Restrictions on Multiple Purchases or Sales of Firearms policy summary for a comprehensive discussion of this issue.

Missouri makes it a violation of state law for a licensed dealer to violate the federal provision prohibiting dealers from transferring a firearm to any person unless the dealer notes in the required records the name, age, and place of residence of the purchaser if the purchaser is an individual, or the identity and principal and local places of business of the purchaser if the purchaser is a corporation or other business entity.¹.))

Missouri has no other retention or reporting requirements for firearm sales or background check records.

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

1. Mo. Rev. Stat. § 571.080 (referring to 18 U.S.C. § 922(b)(5 [↩]

Missouri has no law imposing a waiting period prior to purchase of a firearm.

See our Waiting Periods policy summary for a comprehensive discussion of this issue.