Modifies the offense of unlawful possession of a firearm
Summary
HB 2788 would revise Missouri’s unlawful possession of a firearm law by replacing the existing section 571.070 with a new version that narrows when certain felons are permanently barred from possessing firearms. Under the bill, a person who knowingly possesses a firearm after a felony conviction would still commit the offense, but the prohibition would no longer apply forever for all felons. Instead, firearm possession would cease to be an offense after 10 years for people whose prior conviction was for a violent felony, and after 3 years for people whose prior conviction was for a nonviolent felony, measured from the date sentence completion.
The bill also keeps the prohibition in place for fugitives from justice, people habitually intoxicated or drugged, and those adjudged mentally incompetent. It preserves the existing penalty structure, making unlawful possession of a firearm a class C felony generally, but a class B felony for someone with a dangerous felony conviction or a prior unlawful-possession conviction. Antique firearms would remain exempt from the felony-based possession restriction, and the bill defines key terms such as violent felony, nonviolent felony, and sentence completion.
Impact
HB 2788 would amend Missouri’s criminal code by repealing and reenacting section 571.070, RSMo, which governs unlawful possession of a firearm. The practical effect would be to create time-limited restoration of firearm possession rights for some people with prior felony convictions, while maintaining a lifetime restriction for others only during the specified waiting periods. It would affect prosecutors, courts, and individuals with felony records by changing when firearm possession becomes lawful after sentence completion, and it would leave intact the offense classification and special treatment for dangerous felonies and repeat offenders.
Sentiment
Based on the bill text and the absence of committee testimony or recorded votes, the available record suggests a straightforward policy proposal with no documented public debate in the provided materials. The bill’s structure indicates a reform-oriented approach toward firearm possession restrictions for people with prior felony convictions, especially nonviolent offenders, while still preserving restrictions for higher-risk categories. Because there are no transcripts or vote details, no clear bipartisan or partisan sentiment can be inferred beyond the bill’s apparent intent to relax some post-conviction firearm disabilities.
Contention
The central point of contention would likely be the balance between public safety and restoration of rights. Supporters would likely favor the bill’s shorter waiting periods for nonviolent and violent felony convictions as a way to recognize rehabilitation and reduce permanent collateral consequences. Opponents would likely object that allowing firearm possession after only three years for nonviolent felonies, and after ten years for violent felonies, could weaken protections against gun violence and complicate enforcement. The bill also distinguishes between dangerous felonies, prior unlawful-possession convictions, and other felonies, which could raise questions about fairness, risk assessment, and how broadly firearm rights should be restored.