Missouri Laws 571.020 – Possession–manufacture–transport–repair–sale of certain weapons a ..
1. A person commits an offense if such person knowingly possesses, manufactures, transports, repairs, or sells:
(1) An explosive weapon;
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 7 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In Missouri Laws 571.020
- explosive: shall mean any chemical compound mixture or device, the primary or common purpose of which is to function by explosion, including but not limited to, dynamite and other high explosives, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cords, igniter cords, and igniters or blasting agents. See Missouri Laws 571.010
- Explosive weapon: any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage. See Missouri Laws 571.010
- Firearm: any weapon that is designed or adapted to expel a projectile by the action of an explosive. See Missouri Laws 571.010
- Firearm silencer: any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm. See Missouri Laws 571.010
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Gas gun: any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance. See Missouri Laws 571.010
- Knife: any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. See Missouri Laws 571.010
- Knuckles: any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles. See Missouri Laws 571.010
- Machine gun: any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. See Missouri Laws 571.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Rifle: any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger. See Missouri Laws 571.010
- Shotgun: any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger. See Missouri Laws 571.010
(2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;
(3) A gas gun;
(4) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or
(5) Knuckles; or
(6) Any of the following in violation of federal law:
(a) A machine gun;
(b) A short-barreled rifle or shotgun;
(c) A firearm silencer; or
(d) A switchblade knife.
2. A person does not commit an offense pursuant to this section if his or her conduct involved any of the items in subdivisions (1) to (5) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct:
(1) Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency, or a penal institution; or
(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or
(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or
(4) Was incident to displaying the weapon in a public museum or exhibition; or
(5) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance.
3. An offense pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section is a class D felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is a class A misdemeanor.