Arkansas residents often ask what happens to their firearm rights after a felony conviction. Federal and state laws restrict possession, creating long-term consequences if a court labels you a prohibited person. You also face separate criminal charges if police find you with a firearm.
State and Federal Restrictions
Arkansas Code § 5-73-103 criminalizes firearm ownership or possession after a felony conviction. Federal law (18 U.S.C. § 922(g)) mirrors this, prohibiting anyone with a felony conviction from receiving, shipping, or possessing firearms or ammunition.
Crucially, federal rules generally do not distinguish between violent and non-violent felonies. Even if your conviction involved property or drug crimes, you lose your rights.
“Constructive Possession” Risks
You do not need to hold a gun to break the law. Arkansas courts use the doctrine of “constructive possession.” This allows prosecutors to charge you if you have the power and intent to control a firearm, even without physical possession.
Living with gun owners presents specific risks:
- Common areas: Officers may claim you have “joint control” over guns stored in living rooms or unlocked closets.
- Ownership irrelevance: Even if a gun belongs to a spouse, police can charge you if they believe you had access (e.g., you knew the safe combination).
- Vehicles: Riding in a car with a gun creates exposure. If police find a gun in the glove box while you are present, you face arrest.
Strict physical separation prevents immediate arrests, but it does not solve the underlying legal restriction on your rights.
Record Sealing vs. Rights Restoration
Sealing a criminal record does not automatically restore your gun rights. The Arkansas Comprehensive Criminal Record Sealing Act of 2013 explicitly states that sealing a record leaves firearm bans in place. You remain a “prohibited person” under state and federal law.
Restoring Your Rights
A gubernatorial pardon is the primary path to restoration. You must apply to the Arkansas Governor, and the pardon must expressly restore your firearm authority. General pardons often fail federal background checks.
The First Offender Act (Act 346)
This act offers a narrow exception. If you completed probation under Act 346 and the court dismissed your case, the law may not consider you a “convicted felon.”
Federal and state laws overlap on this issue. A lawyer may be able to help you review the specific statute under which you were sentenced.