Gun Crime

St. Louis Gun Crime Defense Attorney

A gun charge in Missouri moves fast, and the consequences do not wait for you to catch up. A felony conviction can mean years in prison, the loss of your right to own a firearm, and a permanent mark that follows you into every job application and background check that comes after. Andrew Russek defends clients across St. Louis and throughout Missouri against firearm charges ranging from unlawful possession to armed criminal action, and he does it aggressively, pushing back on every assumption the state makes before it ever reaches a jury. His approach is built on the same foundation regardless of the charge: knowing exactly how the state builds its case, because he spent years building those cases himself.

Prosecutors treat firearm charges as leverage. They stack unlawful possession on top of a drug case, or add armed criminal action to a robbery charge, knowing the enhanced penalties will pressure a defendant into a plea. Andrew Russek does not let that leverage go unchallenged, and he does not negotiate from a defensive posture. He examines the stop, the search, the chain of custody, and the underlying conviction the state relies on, attacking each weak point aggressively and holding prosecutors to the standard he once enforced from the other table.

Gun Crime Charges We Defend in St. Louis

Missouri’s weapons laws are dense, and a single incident often triggers more than one charge. Andrew Russek represents clients facing the full range of firearm offenses prosecuted in St. Louis courts and in the federal courthouses that sit alongside them.

Felon in Possession of a Firearm

Under Missouri Revised Statutes 571.070, a person convicted of a felony cannot knowingly possess a firearm. The same prohibition reaches fugitives, individuals habitually intoxicated or drugged, and anyone formally adjudged mentally incompetent by a Missouri court. A first offense is a class C felony, punishable by three to ten years in the Department of Corrections. If the underlying conviction qualifies as a dangerous felony, or the person has a prior conviction under this same statute, the charge rises to a class B felony carrying five to fifteen years.

  • Federal prosecutors can pursue the same conduct under 18 U.S.C. § 922(g), and federal sentences often run longer than the state equivalent
  • A defendant with three or more qualifying violent felony or serious drug convictions can face a fifteen-year mandatory minimum under the federal Armed Career Criminal Act
  • The underlying felony conviction is not always airtight; a plea that was not knowing and voluntary, or a defendant who was not properly advised of his rights, can undermine the prosecution’s foundation for the charge, and Andrew Russek pursues that angle aggressively rather than accepting the predicate conviction at face value

Carrying a Concealed Weapon Without Lawful Authority

Missouri allows most adults nineteen and older to carry a concealed firearm without a permit, so this charge typically arises when someone carries into a location where firearms are restricted by law, or when a prohibited person conceals a weapon in violation of section 571.030. Concealed carry into a restricted area is a class E felony. Carrying without lawful authority in other circumstances covered by the statute can be charged as a misdemeanor, depending on which subsection applies and whether the weapon was loaded.

Illegal Possession of a Firearm

This charge covers firearm possession by anyone who falls outside the categories of people legally entitled to own one, including minors restricted under state and federal law and individuals subject to certain protective orders. The classification depends on the specific prohibition at issue and the defendant’s history, and it frequently overlaps with federal firearms charges when the case involves a prior conviction or an interstate element.

Armed Criminal Action

Armed criminal action under RSMo 571.015 is not a standalone charge. It attaches to any underlying felony committed with a dangerous instrument or deadly weapon, and it is what turns a manageable case into a decades-long sentence.

  • A first offense carries three to fifteen years, rising to five years minimum if the weapon was unlawfully possessed
  • The sentence runs consecutive to the underlying felony, meaning the two terms stack rather than run together
  • No probation, parole, conditional release, or suspended sentence is available for a minimum period after conviction
  • A second offense carries five to thirty years; a third or subsequent offense carries a minimum of ten years

Unlawful Discharge of a Weapon

Section 571.030 also criminalizes discharging a firearm into a dwelling, vehicle, or building where people gather, firing within one hundred yards of an occupied school, courthouse, or church, and shooting from or at a motor vehicle. These provisions carry some of the steepest penalties in the statute. Discharging a firearm at another person or vehicle is classified as a class B felony, and certain subsections carry a fifteen-year mandatory minimum as a dangerous felony requiring eighty-five percent of the sentence to be served.

Missouri Gun Laws You Should Know

Missouri permits lawful gun ownership more broadly than many states, and that openness is exactly why the line between legal conduct and a felony charge can be thinner than people expect.

  • Missouri does not require a permit for most adults to carry a concealed firearm, but that protection disappears the moment someone enters a location restricted under section 571.107, including courthouses, schools, and certain government buildings
  • A valid concealed carry permit still matters. It creates exceptions to several subsections of the unlawful use of weapons statute, and without one, conduct that would otherwise be lawful can become a felony
  • Open carry is legal statewide, though cities including St. Louis and Kansas City have adopted local ordinances restricting it under authority granted by RSMo 21.750; a valid concealed carry permit exempts the holder from those local restrictions
  • Firearm possession while intoxicated is a separate offense from carrying itself, and prosecutors do not need to prove the firearm was ever fired
  • A felony conviction, even an old one, does not simply fade from relevance. Expungement under section 610.140 can restore firearm rights under Missouri law, but federal law does not always recognize a state expungement, leaving some clients technically legal under state law and still exposed to federal prosecution

The gap between a hobbyist and a defendant is often a single fact the client did not know mattered: which building he walked into, whether his permit had lapsed, or whether a decades-old plea still counts as a qualifying felony. That is the gap Andrew Russek is retained to close.

Penalties for Gun Crimes in Missouri

Missouri classifies felonies from class A down to class E, and misdemeanors from class A down to class D, with sentencing ranges that escalate sharply based on the specific charge and the defendant’s record.

Felony sentencing ranges:

  • Class A felony: ten to thirty years, or life imprisonment
  • Class B felony: five to fifteen years
  • Class C felony: three to ten years
  • Class D felony: up to seven years
  • Class E felony: up to four years

Misdemeanor sentencing ranges:

  • Class A misdemeanor: up to one year in county jail
  • Class B misdemeanor: up to six months
  • Class C misdemeanor: up to fifteen days

Beyond the sentence itself, several factors can push a case toward the harsher end of these ranges:

  • A prior conviction for the same offense typically moves the charge up one full felony class
  • Pairing a weapons charge with an underlying felony triggers armed criminal action, adding a mandatory consecutive sentence on top of whatever the underlying crime carries
  • Certain subsections of the unlawful use of weapons statute are classified as dangerous felonies, which require eighty-five percent of the sentence to be served before parole eligibility

A conviction also carries consequences that outlast the sentence. A felony firearm conviction typically means a permanent loss of the right to possess any firearm, a public criminal record that surfaces in background checks, and, for non-citizens, potential immigration consequences. These collateral effects are often what clients underestimate most, and they are a central part of how Andrew Russek evaluates every plea offer against the alternative of trial.

How a St. Louis Gun Crimes Lawyer Can Help

A gun charge is won or lost long before a jury is seated. It is won in the details of the stop, the wording of the warrant, and the credibility of the evidence the state intends to rely on. Andrew Russek approaches each of these fronts aggressively, treating every assumption in the police report and every step of the investigation as something the state must still prove.

  • Challenging the search and seizure. Andrew Russek scrutinizes whether the firearm was discovered through a lawful stop, a valid warrant, or a recognized exception to the Fourth Amendment. Evidence obtained through an unlawful search can be suppressed, and without the firearm, many cases collapse.
  • Attacking the predicate conviction. In felon-in-possession cases, the prosecution’s entire theory depends on a prior felony being valid. If that plea was not knowing and voluntary, or the defendant lacked effective counsel at the time, the predicate offense may not hold up.
  • Disputing possession and intent. Possession is not always as clear as prosecutors present it. Constructive possession, joint access to a vehicle or residence, and disputed ownership are common fault lines the state must prove beyond a reasonable doubt.
  • Negotiating the armed criminal action enhancement separately. Because this charge is an add-on rather than a standalone crime, it is often possible to negotiate its dismissal even when the underlying felony proceeds, which can be the difference between a manageable sentence and a mandatory decade in prison.

Andrew Russek approaches every gun case the way he once approached them as a prosecutor: methodically, aggressively, and without assuming the state’s version of events is the only one available. That perspective shapes strategy from the first conversation, not just the week before trial.

Why Choose Russek Law Group for Gun Crime Defense

Clients facing a firearm charge are not looking for reassurance. They are looking for an aggressive advocate who has actually stood on both sides of the courtroom and knows how these cases are built, argued, and won.

  • Andrew Russek prosecuted violent crimes, including homicide cases, at the St. Louis Circuit Attorney’s Office, giving him direct insight into how firearm cases are charged, developed, and presented to a jury
  • He began his career as a Public Defender handling felony cases involving sex offenses, robbery, and homicide, serving as first chair counsel in numerous jury trials
  • He holds federal court admission across four districts, allowing him to represent clients whose state charges carry federal exposure without bringing in outside counsel
  • He serves as a CJA Panel Member for the Eastern District of Missouri and the Southern District of Illinois, a role reserved for attorneys federal courts trust to handle serious indigent defense matters
  • As an Adjunct Professor of Criminal Justice at Maryville University, he stays engaged with how criminal law is evolving, not just how it was practiced when he started

This is not a firm built on general promises. It is built on a specific, verifiable record of aggressive representation in the exact charges his clients are now facing, from both the prosecution’s chair and the defense table.

What to Do If You Are Arrested for a Gun Crime

The hours after an arrest matter more than most people realize, and mistakes made in that window are difficult to undo later.

  • Say nothing beyond identifying yourself. Anything offered voluntarily, including an explanation that feels harmless, can become evidence used against you.
  • State clearly that you want an attorney. Once you invoke that right, questioning is required to stop. Repeat the request if it is ignored.
  • Do not consent to a search. Officers may conduct a search under certain legal exceptions regardless of consent, but you are not obligated to make their case easier by agreeing to one.
  • Avoid discussing the case with anyone except your attorney. Calls from jail are recorded, and conversations with family or friends about the incident are not protected the way conversations with counsel are.
  • Contact a defense attorney immediately, before a bond hearing and before any charging decision is finalized. Early involvement gives counsel the chance to influence how a case is charged, not just how it is defended after the fact.

An arrest does not wait for business hours, and neither does Andrew Russek. He is available 24/7 to take a call from a client, a family member, or a jail directly, because the earliest hours after an arrest are often when the most damage can still be prevented.

Andrew Russek is available to step into a case at its earliest stage, ready to push back aggressively while the decisions being made can still shape whether a charge is filed, reduced, or fought from day one.

 

FAQs About Gun Charges in St. Louis, Missouri

Is gun possession always a felony in Missouri? No. Missouri permits lawful firearm ownership and, for most adults, concealed carry without a permit. Possession becomes a felony when the person is legally prohibited from owning a firearm, when the weapon is carried into a restricted location, or when it is used in connection with another crime.

What is armed criminal action in Missouri? Armed criminal action is an enhancement charge under RSMo 571.015 that attaches to any felony committed with a dangerous instrument or deadly weapon. It carries its own mandatory prison term, served consecutively to the underlying offense, with no probation or parole during the minimum term.

Can gun charges be reduced or dismissed? Yes, depending on the facts. Suppressing unlawfully obtained evidence, challenging a defective predicate conviction, or negotiating the dismissal of an armed criminal action enhancement are all common paths to a reduced charge or a case that does not proceed to trial.

Do I lose my gun rights after a conviction? A felony firearm conviction generally results in a permanent loss of the right to possess a firearm under both Missouri and federal law. Expungement under section 610.140 can restore rights at the state level, though federal law does not always recognize that restoration.

What happens if I carry concealed without lawful authority in Missouri? Because Missouri allows permitless carry for most adults, this typically becomes a criminal issue only when the firearm is carried into a restricted location or by someone legally barred from possession. Depending on the circumstances, the charge can range from a misdemeanor to a felony.

Contact a St. Louis Gun Crimes Defense Lawyer Today

Every day that passes without legal representation is a day the state spends building its case uncontested. Andrew Russek offers a confidential consultation to review the charge against you, explain what the state must prove, and outline an aggressive defense strategy before any decision is made. He is available 24/7, because an arrest does not schedule itself around business hours, and neither does his response to one.

Call now to schedule your consultation, or submit a case inquiry online. Andrew Russek is available around the clock, and the sooner he is involved, the more options remain on the table.



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