[MO] Can I own a gun with an SIS in Missouri?
Here’s the detailed breakdown:
1. Missouri Law (SIS – Suspended Imposition of Sentence)
In Missouri, an SIS means that if you successfully completed probation, the charge is not treated as a conviction for state law purposes.
That means under Missouri law alone, once your probation ended successfully, you technically do not have a conviction on your record.
So, at the state level, it might appear that you could own or possess a firearm.
However — and this is critical —
2. Federal Law Still Applies (18 U.S.C. § 922(g)(1))
Federal law does not necessarily recognize Missouri’s SIS distinction.
Under federal law, anyone convicted of a crime punishable by more than one year in prison cannot possess a firearm.
Even if the state considers your SIS “not a conviction,” federal authorities may still view it as a disqualifying offense because the charge (first-degree robbery) was punishable by more than one year.
So, while Missouri law might seem to allow gun ownership, federal law likely prohibits it. That means you could fail a federal background check or face federal prosecution for possession.
3. The Unlawful Use of a Weapon Conviction
This part is significant.
In Missouri, Unlawful Use of a Weapon (UUW) is usually a Class D felony.
If that conviction stands as a felony, you’re prohibited under both Missouri and federal law from owning or possessing firearms. Even if it was a misdemeanor, certain types (especially those involving domestic violence) can still trigger a federal firearm ban.
4. Restoring Your Firearm Rights
There are two main ways to restore your firearm rights in Missouri:
-
Expungement:
- Available for certain offenses after a waiting period (usually 3 years after completing all terms).
- You must have no new convictions.
- Requires filing a petition for expungement and possibly a hearing.
- If granted, your record is sealed and you may regain firearm rights under state law.
-
Governor’s Pardon:
- A direct pardon from the Governor of Missouri can also restore firearm rights.
- This is a discretionary process and can take time.
A local criminal defense attorney can help determine whether your specific conviction qualifies for expungement or if you’d need to pursue a pardon instead.
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Full Conversation
I was charged with first-degree robbery. Convicted of unlawful use of a weapon in Missouri. The robbery is on an SIS (Suspended Imposition of Sentence). Can I own a gun?
Lexi, Chatbot
I understand this can be stressful. Have you already completed your sentence or probation for the robbery and weapon charges?
Yes.
Lexi, Chatbot
Are you looking to purchase a firearm now, or just want general information about ownership rights in Missouri?
General information.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Jon
Hello, and thank you for reaching out!
I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help. I know legal matters like this can be confusing, but you’re in good hands.
Let’s walk through your situation clearly. You were convicted of unlawful use of a weapon, and you want to know if you can buy and possess a firearm now, correct?
Yes, I want to know if I can buy and possess a firearm.
Case number is XXXX-XXXXXXX-XX on Missouri Casenet if you need it.
Jon
Got it. Thanks — that helps. Give me a few minutes to summarize everything for you.
Jon
Here’s the detailed breakdown:
1. Missouri Law (SIS – Suspended Imposition of Sentence)
In Missouri, an SIS means that if you successfully completed probation, the charge is not treated as a conviction for state law purposes.
That means under Missouri law alone, once your probation ended successfully, you technically do not have a conviction on your record.
So, at the state level, it might appear that you could own or possess a firearm.
However — and this is critical —
2. Federal Law Still Applies (18 U.S.C. § 922(g)(1))
Federal law does not necessarily recognize Missouri’s SIS distinction.
Under federal law, anyone convicted of a crime punishable by more than one year in prison cannot possess a firearm.
Even if the state considers your SIS “not a conviction,” federal authorities may still view it as a disqualifying offense because the charge (first-degree robbery) was punishable by more than one year.
So, while Missouri law might seem to allow gun ownership, federal law likely prohibits it. That means you could fail a federal background check or face federal prosecution for possession.
3. The Unlawful Use of a Weapon Conviction
This part is significant.
In Missouri, Unlawful Use of a Weapon (UUW) is usually a Class D felony.
If that conviction stands as a felony, you’re prohibited under both Missouri and federal law from owning or possessing firearms. Even if it was a misdemeanor, certain types (especially those involving domestic violence) can still trigger a federal firearm ban.
4. Restoring Your Firearm Rights
There are two main ways to restore your firearm rights in Missouri:
-
Expungement:
- Available for certain offenses after a waiting period (usually 3 years after completing all terms).
- You must have no new convictions.
- Requires filing a petition for expungement and possibly a hearing.
- If granted, your record is sealed and you may regain firearm rights under state law.
-
Governor’s Pardon:
- A direct pardon from the Governor of Missouri can also restore firearm rights.
- This is a discretionary process and can take time.
A local criminal defense attorney can help determine whether your specific conviction qualifies for expungement or if you’d need to pursue a pardon instead.
Got it. Thank you.
Jon
You’re very welcome. I hope that helped clarify things for you. If there’s anything else you’d like me to go over — such as expungement steps or the federal restoration process — I’m happy to help.
Wishing you all the best moving forward.
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3
Answered 3 weeks ago
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