Arkansas Gun Laws for Felons: Possession, Penalties, and Restoration

Arkansas gun laws for felons prohibit anyone with a felony conviction from possessing any firearm, and a violation is itself a felony carrying up to 20 years in state prison. Federal law layers on another 15-year maximum under 18 U.S.C. § 922(g), and a mandatory 15-year minimum applies to defendants with three qualifying prior convictions. A narrow path back to gun ownership exists through the Governor, but it is limited to non-violent felonies and comes with strict conditions.

Who Is Prohibited From Having a Firearm

Arkansas Code 5-73-103 bars three groups from possessing or owning any firearm: people convicted of a felony, people adjudicated mentally ill, and people involuntarily committed to a mental institution. The ban covers every type of firearm, not just handguns, and it applies whether the underlying felony was a state or federal offense, and whether it happened in Arkansas or somewhere else.¹

A suspended sentence or probation still counts. If a court found you committed a felony, the firearm prohibition attaches even if you never served time.¹

There is one carveout. If you completed your sentence and the felony involved an antitrust violation, unfair trade practice, restraint of trade, or a similar business regulation offense, the firearm ban does not apply.¹

Arkansas Penalties for Felon in Possession

The state charge is graded by your history and the circumstances of the current offense.

The offense is a Class B felony, punishable by 5 to 20 years, when you have a prior violent felony, a prior felony involving a weapon, a previous conviction under the same statute, or when the current possession is connected to another crime.¹²

Without those aggravating factors, a felon caught with a firearm faces a Class D felony carrying up to 6 years.¹²

When the prohibition comes from a mental health adjudication or involuntary commitment rather than a felony, the offense is a Class A misdemeanor with a maximum of one year.¹

Federal Charges on Top of State Charges

State charges rarely stand alone in these cases. The Gun Control Act of 1968 bars anyone convicted of a crime punishable by more than a year in prison from possessing firearms or ammunition.³ Conviction under 18 U.S.C. § 922(g) carries up to 15 years.⁴

The Armed Career Criminal Act is worse. Three or more prior convictions for a violent felony or serious drug offense trigger a mandatory minimum of 15 years, with no probation and no suspended sentence available.⁴ Federal prosecutors in Arkansas actively pursue these cases, and a defendant can be charged in both state and federal court for the same firearm.

You Don’t Have to Be Holding the Gun

Federal courts recognize “constructive possession,” which means having both the ability and the intention to control a firearm. If a gun is found in a home you share, in a car you regularly drive, or in a space you control, prosecutors can argue you possessed it even if you never touched it.⁵

This is where felon-in-possession cases get complicated in practice. A felon living with a spouse who legally owns firearms faces real risk. Courts can infer knowledge and control from your access to where the weapon is stored. The safer approach is to keep no firearm in any space you regularly occupy. If that is not possible, the gun should be locked away in a container you cannot access.

Giving or Selling a Firearm to a Felon

Arkansas does not stop at the person holding the gun. Under Arkansas Code 5-73-129, anyone who knowingly provides a handgun to a person they know has been convicted of a felony commits a separate Class B felony, punishable by 5 to 20 years. The statute covers every form of transfer: sale, trade, loan, gift, or rental.⁶²

Buying a firearm on someone else’s behalf when they cannot legally possess one is a federal straw purchase. Under 18 U.S.C. §§ 932-933, that carries up to 15 years in federal prison and a $250,000 fine, rising to 25 years if the firearm is later used in a felony, an act of terrorism, or drug trafficking.⁷

How to Restore Firearm Rights in Arkansas

Arkansas Code 5-73-103 gives the Governor authority to restore a convicted felon’s right to own and possess a firearm without issuing a full pardon. Two conditions must be met: the underlying felony did not involve the use of a weapon, and the conviction occurred more than eight years ago.¹

The application requires the recommendation of the chief law enforcement officer in the county where you live, at least three letters of recommendation, and proof that all fines, fees, court costs, and restitution have been paid in full. The Parole Board reviews the application and makes a recommendation to the Governor. If the Governor denies it, that decision is final.

A full pardon does not automatically restore firearm rights. You have to request firearm restoration specifically as part of the pardon application, and failing to list every conviction can be grounds for denial.

Domestic Violence Misdemeanors Also Bar Firearms

You do not need a felony to lose your gun rights. The federal Lautenberg Amendment permanently prohibits anyone convicted of a misdemeanor crime of domestic violence, such as assaulting a family member, from possessing firearms or ammunition.⁸ The ban applies in Arkansas the same as everywhere else, and violations carry the same 15-year maximum under 18 U.S.C. § 922(g).⁴ The prohibition often surfaces years later, when someone fails a background check or a firearm is found during an unrelated encounter with police.

Traveling Through Arkansas With a Firearm

The federal safe-passage rule under 18 U.S.C. § 926A lets lawful gun owners transport firearms through states with stricter laws, provided the weapon is unloaded and stored outside the passenger compartment. The protection does not extend to anyone prohibited from possessing firearms under federal law. A convicted felon driving through Arkansas with a gun in the vehicle cannot rely on the statute and faces arrest wherever the firearm is discovered.⁹

1
Justia. Arkansas Code 5-73-103 – Possession of Firearms by Certain Persons
2
Justia. Arkansas Code 5-4-401 – Sentence
3
Bureau of Alcohol, Tobacco, Firearms and Explosives. Frequently Asked Firearms Questions and Answers
4
Office of the Law Revision Counsel. 18 USC 924 – Penalties
5
United States District Court for the District of Massachusetts. Pattern Jury Instructions – Possession of a Firearm or Ammunition by a Convicted Felon
6
Justia. Arkansas Code 5-73-129 – Furnishing a Handgun or a Prohibited Weapon to a Felon
7
Bureau of Alcohol, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy
8
U.S. Marshals Service. Lautenberg Amendment
9
Office of the Law Revision Counsel. 18 US Code 926A – Interstate Transportation of Firearms