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Unlawful Use Of A Weapon

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Jvance43

Junior Member
What is the name of your state?What is the name of your state? Missouri
My daughter has been charged with "Unlawful use of a weapon" A little background here:
A man had drugged her and had sex with her. Several days later he told her he didn't know how much he cared for her until "we made love at your house". My daughter went to DA and reported this. They dropped the charges because of "Lack of evidence. My daughter had woke up the next day and found herself naked. She got up and took a shower, where she noticed soreness in her female area.
My daughter then went and filed an exporte against the neighbor.
My daughter and I had spoken on the phone several times, and she mentioned that she should burn his house down. I told her she could not do this. She agreed but said, "but I feel like it". Later the sane day a police officer shows up at her home and says the man had called and reported she was going to burn his house down, and had a recording of the threat. The police told her not to burn him down, and that he had gotten another call and had to go. My daughter then called 911 and asked for an officer to come. When they did, she told them that she thought her phone was tapped. They went to the neighbor and he showed them his tape of several conversations between my daughter and myself. Knowing about the exporte, they arrested him for 121 hrs. and he came home the next day.
My daughter called the phone company the next day and a technition came out and checked her lines. He showed her where her lines were "tampered with. A witness heard the technition tell her the line had been tampered with. This witness is an employee of the mobil home park where she and the offender both live.
My daughter called the DA and was told the case was also dropped because of "lack of evidence". The man doing the taping had told the police he picked up the conversations over a police scanner. So that made it a he said she said situation.
My daughter's boyfriend then received a telephone call from the offenders girlfriend stating that she was going to kick my daughter's ass. My daughter's boyfriend then called my daughter and told her about this call and told her that she should come home. (they live together). When she arrived home the neighbor's girlfriend ran out of the neighbor's home and ran out into the street asking "are you ready for you ass kicking? My daughter said "yes, bring it on" and grabbed her pistol from under the seat of her car and the shells from the glove compartment. The lady saw the gun and ran back into the neighbor's house, with my daughter following her. My daughter banged on the door asking her to come out when the gun went off.
What is the worst that can happen here. And where is the justice here for my daughter?
 


I AM ALWAYS LIABLE

Senior Member
Jvance43 said:
What is the name of your state?What is the name of your state? Missouri
My daughter has been charged with "Unlawful use of a weapon" A little background here:
A man had drugged her and had sex with her. Several days later he told her he didn't know how much he cared for her until "we made love at your house". My daughter went to DA and reported this. They dropped the charges because of "Lack of evidence. My daughter had woke up the next day and found herself naked. She got up and took a shower, where she noticed soreness in her female area.
My daughter then went and filed an exporte against the neighbor.
My daughter and I had spoken on the phone several times, and she mentioned that she should burn his house down. I told her she could not do this. She agreed but said, "but I feel like it". Later the sane day a police officer shows up at her home and says the man had called and reported she was going to burn his house down, and had a recording of the threat. The police told her not to burn him down, and that he had gotten another call and had to go. My daughter then called 911 and asked for an officer to come. When they did, she told them that she thought her phone was tapped. They went to the neighbor and he showed them his tape of several conversations between my daughter and myself. Knowing about the exporte, they arrested him for 121 hrs. and he came home the next day.
My daughter called the phone company the next day and a technition came out and checked her lines. He showed her where her lines were "tampered with. A witness heard the technition tell her the line had been tampered with. This witness is an employee of the mobil home park where she and the offender both live.
My daughter called the DA and was told the case was also dropped because of "lack of evidence". The man doing the taping had told the police he picked up the conversations over a police scanner. So that made it a he said she said situation.
My daughter's boyfriend then received a telephone call from the offenders girlfriend stating that she was going to kick my daughter's ass. My daughter's boyfriend then called my daughter and told her about this call and told her that she should come home. (they live together). When she arrived home the neighbor's girlfriend ran out of the neighbor's home and ran out into the street asking "are you ready for you ass kicking? My daughter said "yes, bring it on" and grabbed her pistol from under the seat of her car and the shells from the glove compartment. The lady saw the gun and ran back into the neighbor's house, with my daughter following her. My daughter banged on the door asking her to come out when the gun went off.
What is the worst that can happen here. And where is the justice here for my daughter?

My response:

You Hillbillies sho' is some funny folk!

Thanks for the hilarious story! I especially liked the part where you said:

"When she arrived home the neighbor's girlfriend ran out of the neighbor's home and ran out into the street asking "are you ready for you ass kicking? My daughter said "yes, bring it on" and grabbed her pistol from under the seat of her car and the shells from the glove compartment."

You're a very vivid writer. I could actually "see" this whole thing in my mind's eye - all these people running around their trailers after each other, shootin' their "pistols", a hootin' and a hollerin'. I think you have a terrific "ABC Movie of the Week". Get someone to buy this story!

The next segment of this story needs to start in the prison cell, just as Griselda, the 289 pound "butch Momma", starts having "her way" with your daughter!

IAAL
 
Last edited:
S

seniorjudge

Guest
My daughter said "yes, bring it on" and grabbed her pistol from under the seat of her car and the shells from the glove compartment. The lady saw the gun and ran back into the neighbor's house, with my daughter following her. My daughter banged on the door asking her to come out when the gun went off.

Based solely on what you tell us, your daughter is guilty of unlawful use of a weapon. It looks like a Class D felony 2 -5:

http://www.moga.state.mo.us/statutes/c500-599/5710000030.htm

Missouri Revised Statutes
Chapter 571
Weapons Offenses
Section 571.030

August 28, 2004


Unlawful use of weapons--exceptions--penalties.

571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

(2) Sets a spring gun; or

(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or

(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

(5) Possesses or discharges a firearm or projectile weapon while intoxicated; or

(6) Discharges a firearm within one hundred yards of any occupied schoolhouse, courthouse, or church building; or

(7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

(8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof; or

(9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

2. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following:

(1) All state, county and municipal peace officers who have completed the training required by the** police officer standards and training commission pursuant to sections 590.030 to 590.050, RSMo, and possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, whether such officers are on or off duty, and whether such officers are within or outside of the law enforcement agency's jurisdiction, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

(3) Members of the armed forces or national guard while performing their official duty;

(4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

(5) Any person whose bona fide duty is to execute process, civil or criminal;

(6) Any federal probation officer;

(7) Any state probation or parole officer, including supervisors and members of the board of probation and parole;

(8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo; and

(9) Any coroner, deputy coroner, medical examiner, or assistant medical examiner.

3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person twenty-one years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.

4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.

5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.

6. Nothing in this section shall make it unlawful for a student to actually participate in school-sanctioned gun safety courses, student military or ROTC courses, or other school-sponsored firearm-related events, provided the student does not carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any other function or activity sponsored or sanctioned by school officials or the district school board.

7. Unlawful use of weapons is a class D felony unless committed pursuant to subdivision (6), (7), or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision (5) or (10) of subsection 1 of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded, or subdivision (9) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection 1 of this section results in injury or death to another person, it is a class A felony.

8. Violations of subdivision (9) of subsection 1 of this section shall be punished as follows:

(1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;

(2) For any violation by a prior offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;

(3) For any violation by a persistent offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;

(4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.

9. Any person knowingly aiding or abetting any other person in the violation of subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons.

(RSMo 1939 � 4425, A.L. 1959 H.B. 43, A.L. 1981 H.B. 296, A.L. 1993 H.B. 562 merged with S.B. 250, A.L. 1995 H.B. 160, A.L. 1997 S.B. 367, A.L. 1998 S.B. 478, A.L. 2000 S.B. 944, A.L. 2003 H.B. 349, et al. merged with S.B. 5)

Prior revisions: 1929 � 4031; 1919 � 3277; 1909 � 4498

Effective 6-27-03 (S.B. 5)

10-11-03 (H.B. 349, et al., see � 21.250)

*Transferred 1978; formerly 562.070

*House Bill 349, et al., 2003, was vetoed on July 3, 2003. The veto was overridden on September 11, 2003.

**Word "the" does not appear in original rolls.

CROSS REFERENCES: Discharging a firearm or weapon at a railroad train or railmounted work equipment while committing a trespass to railroad property, class D felony, RSMo 389.653

Violation of this section may also be a hate crime, RSMo 557.035

(2001) Where defendant exhibited unlawful weapon at distinct times and places and with the requisite intent, each exhibition constitutes a separate offense under section. State v. Barber, 37 S.W.3d 400 (Mo.App.E.D.).


© Copyright

Missouri General Assembly
 

I AM ALWAYS LIABLE

Senior Member
My response:

Oh, would you STOP being so serious, Judge?

You're taking all the fun out of this. Can't you see the hilarity in all of this?

It's the stereotypical Hillbilly shoot-out, with two chicks, wearing sun dresses, and barefoot, running after each other around the trailers!

It's terrific!

IAAL
 
S

seniorjudge

Guest
I AM ALWAYS LIABLE said:
My response:

Oh, would you STOP being so serious, Judge?
I'm going to have to get off here fer a while. They want me to hold court in Saint Louis and I have to find my shoes. You know how dern picky them thar city slickers is....
 

rmet4nzkx

Senior Member
seniorjudge said:
I'm going to have to get off here fer a while. They want me to hold court in Saint Louis and I have to find my shoes. You know how dern picky them thar city slickers is....
Be sure they aren't accidental shoes!
 

rmet4nzkx

Senior Member
Actully a police chief in So MO told me everyone owns firearms and as Judgy has confirmed they give tickets in Knob Lick for not having one in the gun rack! OP must be in So MO. Ozarks :rolleyes:
 

I AM ALWAYS LIABLE

Senior Member
My response:

Congratulations!

Your initial post was copied and just became a Runner-Up in our end-of-the-year, "Most Stupid Post" contest, being held on December 15, 2005 and the winner will be chosen by popular vote on that date!

Thank you! Make sure to come back on December 15, 2005 to see if you're our Grand Prize winner! Our 2004 Winner walked away with a brand new Chevrolet "Corvette" convertible!

Yes, believe it or not, you could be our Grand Prize winner for 2005! We're giving away TERRIFIC PRIZES! For further Details, Rules, and Prize list, click on this link for more information:

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IAAL
 

rmet4nzkx

Senior Member
seniorjudge said:
I'm going to have to get off here fer a while. They want me to hold court in Saint Louis and I have to find my shoes. You know how dern picky them thar city slickers is....
Do they care what you wear beneath your robe? ;) They can see your feet! The bare ankles are a big clue though, lol ;)
 

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