Kansas City Gun and Weapons Charges Defense Attorney

Your #1 Rated Kansas City Gun and Weapons Charges Defense Attorney

Looking for the best gun crimes defense attorney in Kansas City? Gun and weapons charges carry mandatory prison time — with no second chances. Armed Criminal Action alone adds 3 years consecutive. A conviction means prison, lost firearm rights, and a felony record that follows you forever. Call Devkota Law Firm Now to fight these serious charges with an aggressive defense.

Kansas City Gun and Weapons Charges Defense Attorney

Firearms charges in Kansas City sit at the intersection of state law and federal law in a way that creates serious risks most defendants do not fully appreciate until it is too late. Missouri is generally protective of Second Amendment rights and permits open carry without a permit. Kansas similarly allows permitless carry. But both states impose strict prohibitions on firearms possession by individuals with prior felony convictions, domestic violence convictions, or while under indictment. And when federal law becomes involved — through the use of a gun in drug trafficking, possession by a prohibited person, or unlawful transfer — the penalties escalate dramatically.

Our Kansas City weapons defense attorneys handle everything from unlawful possession charges for individuals who did not know they were prohibited persons, to armed criminal action allegations layered on top of assault or robbery charges, to federal firearms trafficking indictments. We understand the strategic importance of these charges and defend them with the same rigor we bring to the most serious violent crime cases.

Kansas City Gun Offense Penalties

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Unlawful Possession of Firearm (Prior Felony)

• Missouri: Class D Felony — up to 7 years prison, $10,000 fine
• Kansas: Class 6 nonperson felony — 7 to 23 months presumptive sentence

Armed Criminal Action (ACA)

• Missouri: Mandatory 3 years prison, CONSECUTIVE to underlying offense; no probation or SIS allowed
• Kansas: N/A — Kansas uses separate enhancement statutes instead

Unlawful Use of Weapon (Brandishing)

• Missouri: Class E Felony — up to 4 years; escalates to Class D if discharging firearm in city limits
• Kansas: Class 8 nonperson felony

Possession of Unregistered/Suppressed Firearm

• Missouri: Federal charge — NFA violation — up to 10 years federal prison
• Kansas: Federal charge — same federal penalties apply

Felon in Possession (Federal)

• Missouri: 18 U.S.C. §922(g) — up to 10 years federal prison; Armed Career Criminal Act (ACCA) can mean 15 years minimum
• Kansas: Same federal statute applies — identical penalties

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Armed Criminal Action: Missouri’s Most Dangerous Enhancement

Missouri’s Armed Criminal Action (ACA) statute is one of the most punitive sentencing enhancements in the country. If you are convicted of a felony AND used a dangerous instrument or deadly weapon in committing that felony, the ACA charge adds a mandatory minimum of three years in prison — served consecutively, not concurrently, with the underlying sentence. ACA cannot be suspended, is not eligible for probation, and cannot be served as SIS. It is designed to stack years onto sentences for anyone alleged to have used a weapon.

We fight ACA charges by attacking the underlying felony conviction, challenging whether the item at issue qualifies legally as a ‘dangerous instrument,’ and litigating whether the weapon was actually ‘used’ within the meaning of the statute.

Federal Firearms Charges

When a gun charge involves interstate commerce — purchasing a firearm across state lines, trafficking weapons, using a firearm in connection with drug distribution — federal jurisdiction applies. Federal firearms prosecutions are handled by the United States Attorney’s office and carry mandatory minimum sentences under the Armed Career Criminal Act (ACCA) and 18 U.S.C. § 924(c). Our attorneys have experience in federal criminal defense and understand the critical differences between state and federal plea negotiations, sentencing guidelines, and appellate procedures.

Restoration of Firearm Rights

Missouri and Kansas both provide legal mechanisms for restoring firearm rights lost due to prior felony convictions in certain circumstances — including expungements, set-asides, and gubernatorial pardons. We advise clients on eligibility and pursue rights restoration through the appropriate legal channels when possible.

Defense Strategies

• Fourth Amendment challenges to the search that uncovered the firearm
• Contesting prohibited-person status (prior conviction dates, out-of-state convictions)
• Challenging constructive possession when weapon found in shared space
• Attacking chain of custody and testing procedures for forensic firearm evidence
• Negotiating charge reductions to eliminate ACA exposure
• Pursuing federal safety valve provisions for applicable drug/gun combinations

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Charged with gun or weapons offenses in Kansas City? Federal charges may follow. Call us immediately for a FREE, confidential consultation — available 24/7.

FAQs About Missouri And Kansas Gun Offense Defense

Q: What is Armed Criminal Action (ACA) in Missouri?

A: ACA is a mandatory enhancement requiring at least 3 years in prison, served consecutively (in addition to) any underlying felony conviction. No probation or suspended sentence is available.

Q: Can a felon possess a firearm in Kansas or Missouri?

A: No. Unlawful possession by a prior felon is a felony in both states and can also trigger federal charges under 18 U.S.C. §922(g) with up to 10 years in federal prison.

Q: What’s the penalty for brandishing a weapon?

A: In Missouri, it’s a Class E Felony (up to 4 years), or Class D if discharged in city limits. Kansas treats it as a Class 8 nonperson felony.

Q: Are NFA violations serious?

A: Yes. Possessing unregistered suppressors or other NFA-regulated items is a federal offense carrying up to 10 years in federal prison in both states.

Q: Should I talk to police about gun charges?

A: Never discuss your case without an attorney present. Contact Devkota Law Firm immediately at (816) 207-4255.

Call now for a free consultation: (816) 207-4255

Tarak Devkota

Tarak Devkota is the founder and managing partner of Devkota Law Firm LLC, dedicated to representing individuals in Kansas and Missouri. Practicing law since 1999, Mr. Devkota has led numerous high-stakes cases involving personal injury, insurance disputes, and claims against government entities. Known for his exceptional jury trial expertise, Tarak has successfully resolved complex litigation cases, consistently advocating for justice on behalf of his clients.

•Over 25 years of legal experience in Kansas and Missouri.

•Founder of Devkota Law Firm LLC, specializing in personal injury and governmental liability.

•Recognized for taking on challenging cases and achieving outstanding results.

Linkedin Page: Tarak Devkota

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Scott P.

3 months ago

I had a great experience with Tarak and Robert as my injury lawyers. Their knowledge of the law and commitment to my case were exceptional. Thanks to their efforts and the other paralegals, I received a good compensation for my injuries. If you’re looking for a dedicated injury lawyer in Kansas City, I highly recommend this law firm.

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