Arkansas Gun Laws for Felons: Possession, Penalties, and Restoring Rights

Under Arkansas gun laws for felons, anyone with a felony conviction is barred from owning or possessing any firearm, and a violation is itself a felony punishable by up to 20 years in state prison. Federal law stacks a separate charge on top, carrying up to 15 more years, or a mandatory minimum of 15 if the person qualifies as an armed career criminal. Rights can be restored, but only by the Governor and only under narrow conditions.

Who Is Barred From Having a Firearm

Arkansas Code 5-73-103 prohibits firearm possession by anyone convicted of a felony, adjudicated mentally ill, or involuntarily committed to a mental institution. The ban reaches every type of firearm, not just handguns, and it does not matter whether the felony was state or federal or where in the country it was entered.¹

Two details catch people off guard. First, a suspended sentence or probation still counts as a conviction. If a court found that you committed a felony, the firearm ban applies even if you never served a day. Second, the statute carves out a narrow exception: if your felony was an antitrust violation, unfair trade practice, restraint of trade, or similar business regulation offense, and you have completed your sentence, the firearm prohibition does not apply.¹

One boundary worth stating up front: you don’t need a felony to lose your gun rights. A misdemeanor conviction for a crime of domestic violence triggers a separate, permanent federal firearm ban under the Lautenberg Amendment, enforceable in Arkansas with the same 15-year maximum penalty.²³

State Penalties for a Felon in Possession

Arkansas sets the punishment on a sliding scale that depends on your record and the circumstances of the possession.

Class B felony, 5 to 20 years in prison. This range applies if you have a prior violent felony, a prior felony involving a weapon, a previous conviction under this same statute, or if the current possession is connected to another crime.¹⁴
Class D felony, up to 6 years. This applies when you have a prior felony conviction but none of the aggravating factors above.¹⁴
Class A misdemeanor, up to 1 year. This applies when the firearm prohibition stems from a mental health adjudication or involuntary commitment rather than a felony conviction.¹

In practice, a prior armed robbery exposes a defendant to the full 20 years, while someone whose only prior is a nonviolent property felony faces a six-year cap on the possession charge itself.

Federal Penalties Can Stack on Top

State charges rarely stand alone. The Gun Control Act of 1968 independently bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.⁵ A conviction under 18 U.S.C. § 922(g) carries up to 15 years in federal prison.³

The exposure gets dramatically worse under the Armed Career Criminal Act. 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.³ Federal prosecutors in Arkansas pursue these cases actively, and a defendant can face state and federal charges at the same time for the same gun.

You Can Be Charged Without Ever Touching the Gun

Possession does not require that the firearm be in your hands. Federal courts recognize “constructive possession,” which means having both the ability and the intent to control a firearm. If a gun turns up in a home you share, a car you regularly drive, or any space you control, prosecutors can argue you possessed it even if you never touched it.⁶

This is where things get difficult for felons who live with a spouse or partner who legally owns firearms. Courts can infer knowledge and control from your access to the area where the gun is kept. The practical rule: no firearm should be present in any space you regularly occupy, and if that cannot be avoided, the weapon should be stored in a locked container you cannot open.

Giving a Gun to Someone With a Felony

Arkansas Code 5-73-129 makes it a Class B felony to knowingly provide a handgun to a person you know has a felony conviction. The statute covers every form of transfer: sale, trade, loan, gift, or rental. A parallel offense applies to furnishing a “prohibited weapon” such as a bomb, metal knuckles, or a defaced firearm. Either carries 5 to 20 years in prison.⁷⁴

Federal law adds its own layer for straw purchases. Buying a firearm on behalf of a prohibited person under 18 U.S.C. §§ 932-933 carries up to 15 years in federal prison and a $250,000 fine. If the gun is later used in a felony, an act of terrorism, or drug trafficking, the maximum rises to 25 years.⁸

Restoring Firearm Rights in Arkansas

Arkansas does offer a path back, but it is narrow. Under 5-73-103, the Governor can restore a felon’s firearm rights without a full pardon only if the underlying felony did not involve the use of a weapon and the conviction is more than eight years old.¹

The application requires a recommendation from 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 request and makes its own recommendation to the Governor. A denial is final.

A full pardon works differently. It does not automatically restore firearm rights; you have to request firearm restoration specifically within the pardon application. Applicants who fail to disclose every prior conviction risk denial even if the Governor would otherwise have granted relief.

Defenses to a Possession or Furnishing Charge

For a furnishing charge under 5-73-129, the central question is knowledge. The statute requires that you knew the recipient was a felon. In a private sale with no background check and no reason to suspect the buyer’s record, that lack of knowledge can be a defense.⁷

For felon-in-possession charges, the defense often turns on whether the prosecution can actually prove possession. In a constructive possession case, the government has to show both knowledge of the gun and the ability and intent to control it. Mere proximity, or living in a home where a firearm happens to be stored, is not enough on its own.

A third angle is the underlying conviction itself. Because Arkansas exempts certain completed business-related felonies, a defendant whose prior offense falls within that carve-out may have a complete defense to the charge.¹

Driving Through Arkansas With a Firearm

Federal law under 18 U.S.C. § 926A lets lawful gun owners transport firearms through states with stricter gun laws, provided the weapon is unloaded and stored outside the passenger compartment. That protection does not apply to anyone federally prohibited from possessing firearms. A felon traveling through Arkansas with a gun in the vehicle has no safe-passage defense and can be arrested in any jurisdiction where the firearm is found.⁹

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