Felons with firearms

This letter was sent to state Sen. Michael Gibbons and House Speaker Rod Jetton seeking improvements to Missouri's felon-in-possession-of-a-firearm statute. Copies also were sent to all the members of the Senate Judiciary Committee and the House Crime Prevention Committee as well as the governor and attorney general.

By H. Morley Swingle

I am writing to point out changes that need to be made to Missouri's felon-in-possession-of-a-firearm statute. Our existing statute (571.070) is so riddled with loopholes that a felon must be incredibly unlucky before it can apply to him.

I have attached a front-page newspaper article from our local newspaper, the Southeast Missourian, pointing out how a registered sex offender with two felonies for sexual abuse of a 13-year-old girl and failing to register as a sex offender was caught driving around the streets of Cape Girardeau this weekend with a loaded semiautomatic handgun, an extra clip of ammunition and a stun gun but had committed no crime under this statute. The police had to let him go.

The statute is so impotent and worthless that only 10 people per year are convicted under it statewide, and these stats cover all 114 counties put together.

The problem is that the existing statute has three glaring loopholes that need to be closed.

First, it only applies to certain listed felonies instead of to all felonies. By limiting it to "dangerous felonies (defined in Section 556.061), it does not apply to most felons, including those convicted of child molestation, sexual assault, sexual abuse, enticement of a child, failure to register as a sex offender, burglary, sealing, robbery in the second degree, assault in the second degree, arson in the second degree, knowingly burning, manslaughter, involuntary manslaughter and a host of other crimes. These felons can possess firearms without violating our statute.

Second, it only applies to "concealable" firearms. Thus, even a murderer or forcible rapist can possess a rifle or shotgun the very day he gets out or prison without violating this law.

Third, It only applies to felons whose convictions occurred within the past five years or who just got out of prison within the past five years. Thus, even a murderer or forcible rapist can possess any sort of firearm, even a "concealable" one, five years and one day after he gets out of prison.

I have attached a proposed new version of the Missouri statute, which closes these loopholes. I hope the next legislative session will take care of this problem. It is just plain wrong that Missouri's statute is so ineffective in keeping firearms out of the hands of felons.

I am sending copies of this letter to the governor, attorney general and to all of the senators and representatives on the Senate Judiciary Committee and the House Crime Prevention Committee. I hope someone will pick up the ball and run with it.

H. Morley Swingle is the prosecuting attorney of Cape Gir­ardeau County.