Felon Gun Rights in Missouri
It depends. If your Missouri felony conviction qualifies for expungement under RSMo 610.140, you can restore your gun rights by petitioning the court after a 3-year waiting period. Expungement is available for most non-violent felonies. If your conviction was for a 'dangerous felony' (such as murder, rape, robbery, kidnapping, or arson), expungement is not available and only a gubernatorial pardon can restore your rights. Federal law under 18 USC 922(g)(1) also applies and may require additional steps.
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Overview
Missouri prohibits firearm possession by all persons convicted of a felony under RSMo 571.070. The current statute (amended 2024) applies to all firearms, not just concealable weapons as in earlier versions. The primary path to gun rights restoration is expungement under RSMo 610.140, which restores firearms rights for eligible offenses. After expungement, Missouri law explicitly states that the person's rights are restored as if the conviction never occurred. Persons convicted of 'dangerous felonies' as defined in RSMo 556.061(19) face enhanced penalties and are ineligible for expungement — a gubernatorial pardon is the only option for these offenses. SB 768 (2025) provides that civil rights are restored upon discharge from confinement for non-dangerous felonies, though firearms remain a separate question.
Quick Answer
It depends. If your Missouri felony conviction qualifies for expungement under RSMo 610.140, you can restore your gun rights by petitioning the court after a 3-year waiting period. Expungement is available for most non-violent felonies. If your conviction was for a 'dangerous felony' (such as murder, rape, robbery, kidnapping, or arson), expungement is not available and only a gubernatorial pardon can restore your rights. Federal law under 18 USC 922(g)(1) also applies and may require additional steps.
Federal Law — 18 USC 922(g)
Under 18 USC 922(g)(1), any person convicted of a crime punishable by imprisonment for more than one year is federally prohibited from possessing firearms. Missouri's 2021 amendments to RSMo 610.140 (via SB 53 and SB 60) strengthened the expungement statute to explicitly reference federal law, stating that upon expungement the person's rights are restored as though the conviction never occurred. However, the FBI does not automatically recognize Missouri expungement for NICS background check purposes — the NICS database may still show the old conviction even after a successful state-level expungement. This can result in purchase denials that must be appealed through the FBI's NICS Appeals process. A gubernatorial pardon is the cleanest path for federal compliance. The revived 18 USC 925(c) process (2025) provides a direct federal alternative.
Can restore gun rights
- ✓Convicted of a non-dangerous felony — eligible for expungement under RSMo 610.140 after a 3-year waiting period from sentence or probation completion
- ✓Convicted of a Class C, D, or E felony that is not specifically excluded from expungement
- ✓Completed full sentence including incarceration, probation, parole, and payment of all fines and restitution
- ✓No pending criminal charges and no subsequent convictions during the waiting period
- ✓Any felony conviction may apply for a gubernatorial pardon regardless of offense type
Cannot restore gun rights
- ✗Convicted of a 'dangerous felony' under RSMo 556.061(19) — permanently prohibited unless pardoned (includes murder, rape, sodomy, kidnapping, arson, robbery in the first degree, armed criminal action, assault in the first degree, among others)
- ✗Convicted of a felony offense of assault, domestic assault, or kidnapping — not eligible for expungement
- ✗Convicted of a Class A or B felony that is classified as a dangerous felony
- ✗Persons who have not completed their full sentence (incarceration, probation, fines, restitution)
- ✗Persons with pending criminal charges or subsequent felony convictions
- ✗Persons who have previously received two felony expungements (lifetime limit under RSMo 610.140)
- ✗Persons convicted of offenses requiring sex offender registration
Step-by-Step Process
Determine if your offense is eligible for expungement
Review RSMo 610.140 to determine if your specific felony conviction qualifies. Dangerous felonies (RSMo 556.061(19)), assault felonies, domestic assault, kidnapping, and sex offenses are not eligible. Most non-violent Class C, D, and E felonies qualify. Check if you have already used your two lifetime felony expungements.
Complete the waiting period
You must wait at least 3 years after the completion of your sentence or probation period (whichever is later) before filing for felony expungement. During this time, you must remain law-abiding with no new criminal charges or convictions. For misdemeanor expungement, the waiting period is 1 year.
File the expungement petition
File a petition for expungement in the circuit court where you were convicted. The petition must include your personal information, case number, conviction details, and a statement that you meet all eligibility requirements. Pay the filing fee (varies by county, typically $100-250). Serve notice on the prosecuting attorney.
Attend the hearing
The court will schedule a hearing, typically 30-90 days after filing. The prosecutor may object. Present evidence that you have been rehabilitated, maintained law-abiding conduct, and meet all statutory requirements. Bring documentation of sentence completion, employment, community involvement, and character references.
Receive the expungement order
If the court grants expungement, obtain certified copies of the order. Under RSMo 610.140, the conviction is treated as if it never occurred and all rights are restored. The court will notify relevant agencies to update records. However, record updates may take time.
Address federal firearm rights compliance
Despite Missouri's expungement restoring state gun rights, the FBI/NICS database may not automatically reflect the expungement. Before attempting to purchase a firearm, verify your status by having an attorney contact the NICS section. If denied, file a NICS appeal with certified copies of your expungement order. Consider the federal 18 USC 925(c) process for additional certainty.
Waiting Period
For expungement of felony convictions: 3 years after completion of sentence or probation, whichever is later (reduced from 7 years by 2021 legislation). For expungement of misdemeanor convictions: 1 year. For gubernatorial pardon: no fixed waiting period, but typically requires years of demonstrated rehabilitation. Note: Antique firearms are exempt from the prohibition under RSMo 571.070.
Key Laws
| Law | Year | Description |
|---|---|---|
| RSMo 571.070 — Unlawful Possession of a Firearm | 1981 (amended 2024) | Prohibits knowing possession of any firearm by any person convicted of a felony. Amended in 2024 to apply to all firearms (previously limited to concealable firearms). Violation is a Class C felony, elevated to Class B felony if the conviction was for a dangerous felony or the person has a prior unlawful possession conviction. Antique firearms are exempt. |
| RSMo 610.140 — Expungement of Criminal Records | 2018 (amended 2021) | Allows expungement of certain criminal convictions after a waiting period. For felonies: 3 years after sentence/probation completion. Limits individuals to no more than two felony expungements in a lifetime. Amended in 2021 (SB 53/SB 60) to explicitly reference federal law and state that rights are restored as though the conviction never occurred. Dangerous felonies, assault, domestic assault, kidnapping, and sex offenses are excluded. |
| RSMo 556.061(19) — Definition of 'Dangerous Felony' | 1979 (amended periodically) | Defines 'dangerous felony' to include: murder (second degree), arson (first degree), assault (first degree), rape, forcible rape, sodomy, forcible sodomy, kidnapping (first degree), armed criminal action, robbery (first degree), assault of law enforcement officer (first degree), domestic assault (first degree), elder abuse (first degree), and conspiracy to commit any of these offenses. |
| Missouri SB 768 (2025) — Restoration of Certain Rights | 2025 | Provides that civil rights are restored upon discharge from confinement for persons convicted of non-dangerous felonies. However, this general civil rights restoration does not automatically restore the specific right to possess firearms — the firearms prohibition under RSMo 571.070 remains in effect until the conviction is expunged or a pardon is granted. |
| 18 USC 922(g)(1) — Federal Firearms Prohibition | 1968 | Federal law prohibiting any person convicted of a crime punishable by more than one year of imprisonment from possessing firearms. The FBI may not automatically recognize Missouri expungement for NICS purposes, creating potential purchase denials that require appeal. |
Edge Cases
Missouri used to only prohibit concealable firearms for felons. Has that changed?
Yes. Prior to the 2024 amendment, RSMo 571.070 only prohibited possession of 'concealable firearms' (handguns) by convicted felons, and long guns (rifles/shotguns) were not restricted under state law. The 2024 amendment changed the statute to prohibit possession of 'any firearm' by convicted felons. All felons are now prohibited from possessing any type of firearm under Missouri state law. Federal law has always prohibited all firearms.
I had my conviction expunged but was denied when trying to buy a gun. What happened?
This is a known issue in Missouri. Despite the 2021 amendment to RSMo 610.140 explicitly referencing federal law, the FBI/NICS database may not automatically recognize your Missouri expungement. The NICS system may still show your old conviction and generate a denial. You must file a NICS appeal with the FBI, providing certified copies of your expungement order. The appeal process typically takes 30-60 days. Some Missouri attorneys recommend proactively notifying the FBI before attempting a purchase.
I was convicted of a Class B felony but it is not a 'dangerous felony.' Can I get it expunged?
Possibly. RSMo 610.140 does not exclude felonies solely based on class — it excludes specific offense categories (dangerous felonies, assault, domestic assault, kidnapping, sex offenses). If your Class B felony does not fall into one of these excluded categories, it may be eligible for expungement. However, the court has discretion and may consider the seriousness of the offense. Consult an attorney to evaluate your specific conviction.
I already had one felony expunged. Can I get a second one expunged to restore gun rights?
Missouri limits individuals to no more than two felony expungements in a lifetime under RSMo 610.140. If you have already used one, you have one remaining. If you have already used both, your only remaining option for gun rights restoration is a gubernatorial pardon.
Does Missouri's Second Amendment Preservation Act (SAPA) affect felon gun rights?
No. Missouri's SAPA (RSMo 1.480, enacted 2021) declared certain federal gun regulations unenforceable in Missouri and prohibited state law enforcement from enforcing certain federal firearms laws. However, SAPA does not affect the felon firearms prohibition. Felons remain prohibited under both Missouri law (RSMo 571.070) and federal law (18 USC 922(g)(1)). Federal agents can still enforce federal firearms laws. A federal court struck down portions of SAPA in 2023, and its legal status remains contested.
Can I possess an antique firearm as a felon in Missouri?
Under RSMo 571.070, the prohibition on felon firearm possession does not apply to antique firearms. However, federal law under 18 USC 922(g)(1) also has an antique firearm exception (for firearms manufactured before 1899 and meeting certain criteria). Verify that any specific firearm qualifies as 'antique' under both state and federal definitions before possessing it.
Frequently Asked Questions
- Can a felon own a gun in Missouri?
- Not while the felony conviction remains on your record. Missouri prohibits all felons from possessing any firearm under RSMo 571.070 (as amended in 2024). However, you can restore your gun rights through expungement of the conviction (if eligible) or a gubernatorial pardon. Expungement is available for most non-violent, non-dangerous felonies after a 3-year waiting period.
- How long do I have to wait to get my gun rights back in Missouri?
- For expungement: 3 years after completion of your sentence or probation. For a gubernatorial pardon: no fixed waiting period, but years of demonstrated rehabilitation are typically required. Note that Missouri law previously used a 7-year waiting period for felony expungement, which was reduced to 3 years by 2021 legislation (SB 53/SB 60).
- What is a 'dangerous felony' in Missouri, and why does it matter?
- A 'dangerous felony' is defined in RSMo 556.061(19) and includes offenses like murder, rape, sodomy, kidnapping, arson, robbery in the first degree, armed criminal action, and assault in the first degree. Dangerous felonies are permanently disqualifying — they cannot be expunged, and the only path to gun rights restoration is a gubernatorial pardon. Additionally, unlawful firearm possession by a dangerous felony convict is a Class B felony (vs. Class C for other felons).
- Does Missouri expungement restore federal gun rights?
- Missouri's 2021 amendments to RSMo 610.140 explicitly reference federal law and state that all rights are restored as if the conviction never occurred. In theory, this should lift the federal firearms prohibition. In practice, the FBI/NICS database may not automatically recognize the expungement, leading to purchase denials. You may need to file a NICS appeal or pursue the federal 18 USC 925(c) process for certainty.
- Can I possess a long gun (rifle or shotgun) as a felon in Missouri?
- No, not under current law. Prior to the 2024 amendment, Missouri's statute only prohibited concealable firearms (handguns), and felons could legally possess long guns under state law. The 2024 amendment to RSMo 571.070 changed the prohibition to cover 'any firearm,' including rifles and shotguns. Federal law has always prohibited all firearms for felons.
- How much does the expungement process cost in Missouri?
- Court filing fees vary by county but typically range from $100 to $250. Attorney fees for a Missouri felony expungement generally range from $1,000 to $3,000 depending on complexity. Some legal aid organizations offer free or low-cost assistance. The Missouri Bar Association's Lawyer Referral Service can help find an attorney.
- What if I was convicted in another state but now live in Missouri?
- Missouri's expungement statute (RSMo 610.140) only applies to Missouri convictions. For an out-of-state conviction, you must seek restoration in the state where you were convicted. If that state restores your civil rights, it may lift the federal prohibition — but you would still need to verify compliance with Missouri law, which independently prohibits felon firearm possession. The federal 18 USC 925(c) process is another option.
- Does a gubernatorial pardon automatically restore gun rights in Missouri?
- Yes, a full gubernatorial pardon restores all civil rights, including firearm rights, under both Missouri state law and federal law. The pardon must be unconditional and not expressly exclude firearms. Pardon applications are submitted to the Governor's office and reviewed by the Board of Probation and Parole. Pardons in Missouri are relatively rare.
- What happens if I possess a gun before my rights are restored in Missouri?
- Unlawful possession of a firearm by a felon is a Class C felony in Missouri (up to 7 years imprisonment), elevated to a Class B felony (up to 15 years) if you were convicted of a dangerous felony or have a prior unlawful possession conviction. Under federal law (18 USC 922(g)(1)), it is punishable by up to 15 years. Do not possess any firearm until your rights are fully restored.
- Can I restore my gun rights if I have a federal conviction while living in Missouri?
- Missouri's expungement process only covers Missouri state convictions. For a federal conviction, you would need a presidential pardon or relief under the revived 18 USC 925(c) federal process (administered by the DOJ's Office of the Pardon Attorney). This process was revived in 2025 after a 30+ year funding freeze.
Take Action — Direct Links
- Twibell Pierson Criminal Law — Restoring Gun Rights After Expungement
Detailed guide on how Missouri expungement restores gun rights, including the federal NICS complications and practical steps for firearm purchases after expungement.
- STL Expungement Law — Gun Rights Restoration in Missouri
St. Louis area legal resource covering Missouri gun rights restoration through expungement, including eligibility, process, and frequently asked questions.
- Bert Fulk Law — Can You Own a Firearm with a Criminal Record in Missouri?
Overview of Missouri firearm laws for persons with criminal records, including the distinction between dangerous and non-dangerous felonies.
- Missouri Revisor of Statutes — RSMo 571.070
Official text of Missouri's unlawful possession of a firearm statute, including the 2024 amendment extending the prohibition to all firearms.
- Collateral Consequences Resource Center — Missouri Restoration Profile
Comprehensive profile of Missouri's restoration of rights landscape, including firearms, expungement, pardons, and other civil rights restoration.
- DOJ — Federal Firearm Rights Restoration (18 USC 925(c))
Federal pathway for relief from federal firearms disabilities, revived in 2025. Useful for Missouri residents whose expungement is not recognized by the FBI/NICS system.
Video Guides
Sources
- Missouri Revisor of Statutes — RSMo 571.070 (Unlawful Possession of a Firearm)
- Collateral Consequences Resource Center — Missouri Restoration of Rights
- Twibell Pierson Criminal Law — Restoring Gun Rights After Expungement
- Bert Fulk Law — Can You Own a Firearm with a Criminal Record in Missouri?
- LegalClarity — Missouri Gun Laws: Felon Ownership, Penalties, and Rights
- MRD Lawyers — Application to Restore Gun Rights in Missouri
- Justia — Missouri Revised Statutes 571.070 (2024)
- ATF — State Laws and Published Ordinances, 36th Edition
- DOJ — Federal Firearm Rights Restoration (18 USC 925(c))