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Legal Information: Arkansas

Arkansas State Gun Laws

State Gun Laws

Basic Info and Definitions

What is the difference between federal and state gun laws? Why do I need to understand both?

In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

What is the definition of a felony?

Throughout these gun law pages, we will refer to laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. If you are unsure if the abuser was convicted of a felony, you might want to talk to the prosecutor who handled the criminal case against the abuser to find out or go to the courthouse where s/he was convicted and search the conviction records.

I am a victim of domestic violence and the abuser has a gun. Is that legal?

Under Arkansas law, it is illegal for someone to have any firearm if s/he has been:

  • convicted of a felony;
  • determined by a court (“adjudicated”) to be mentally ill; or
  • committed involuntarily to any mental health institution.1

In addition, a person can be denied a license to carry a concealed weapon if s/he:

  • has been convicted of a misdemeanor crime of violence or of “carrying a weapon” within the last five years, unless the person received a suspended sentence for the crime;2
  • is under 21 – although s/he can get a license at 18 if s/he is currently on active duty in the United States Armed Forces, in the reserves, or was honorably discharged; or is in the National Guard;
  • has been convicted of a felony in any state;
  • is a danger to himself/herself or others due to his/her mental state;
  • suffers from a mental or physical illness that prevents the safe handling of a gun;
  • has threatened or attempted suicide;
  • has been declared mentally incompetent by a court;
  • has voluntarily or involuntarily been committed to a mental institution or mental health treatment facility;
  • regularly uses drugs or alcohol to the point that his/her mental ability is harmed;
  • has been committed to a treatment facility for drugs or alcohol;
  • has been found guilty of a drug crime or two or more alcohol-related crimes within the last three years;
  • is not a US citizen or a permanent legal resident;
  • is not a resident of Arkansas; (Note: It is also required that the person has resided continuously in Arkansas for the past 90 days unless the person or his/her spouse was on active duty in the military during that time);
  • is prohibited by federal law to possess or transport a firearm, which includes someone who has a final order of protection issued against him/her that meets federal requirements;
  • is a fugitive or has a warrant out for his/her arrest.3 Note: A person can also be denied a license if the county sheriff or chief of police in the area where the applicant lives submits an affidavit to the department that issues licenses in which s/he states that:
  1. the applicant has been or is reasonably likely to be a danger to himself/herself or to others based on:
    • threats of unlawful violence;
    • participation in an incident involving unlawful violence; or
    • past patterns of behavior; or
  2. the applicant is under a criminal investigation.4

If someone already has a license to carry a concealed weapon, that license can be revoked (canceled) if:

  • the person has been found guilty of a crime of violence within the last three years; or
  • the department that issues licenses is notified by any law enforcement agency or a court that the license-holder is arrested or formally charged with a crime that would disqualify him/her from having a license. The license can be revoked until the criminal case is decided; at that point, it can continue to be revoked or it can be re-instated, depending on the outcome of the case.5

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements. Go to Federal Gun Laws to get more information.

1 A.C.A. § 5-73-103(a)
2 A.C.A. § 5-73-308(a)(1)(A), (a)(2)
3 A.C.A. § 5 -73-309
4 A.C.A. § 5 -73-308(b)(1)
5 See A.C.A. § 5 -73-308(a)(1)(B), (a)(3)

Guns and Orders of Protection

I have a temporary (ex parte) order against the abuser. Can s/he have a gun?

Arkansas law does not specifically allow a judge to order an abuser to give up his/her firearms in a temporary or final protection order.1 Also, Arkansas state criminal laws do not prohibit firearm possession when there is a temporary or final protection order in place.2

1 See A.C.A. §§ 9-15-205; 9-15-206
2 SeeA.C.A. § 5-73-103

I have an order of protection against the abuser. Can s/he have a gun?

Arkansas law does not specifically allow a judge to order an abuser to give up his/her firearms in a protection order.1 Also, Arkansas state criminal laws do not prohibit firearm possession when there is a protection order in place.2 However, the law does say that a person can be denied a license to carry a concealed weapon if s/he “is prohibited by federal law to possess or transport a firearm,” which includes someone who has a final order of protection issued against them that meets federal requirements.3

In addition, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements. Under Arkansas state law, all orders of protection must include a notice to the abuser that it is unlawful for him/her to ship, transport or possess a firearm or ammunition based on these federal laws.4 Go to Federal Gun Laws to get more information.

1 See A.C.A. § 9-15-205
2 SeeA.C.A. § 5-73-103
3 A.C.A. § 5-73-309(6)
4 A.C.A. § 9-15-207

Guns and Criminal Convictions

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

Under Arkansas law, it is illegal for someone to have any firearm if s/he has been convicted of a felony.1

Arkansas state law says that a person can be denied a license to carry a concealed weapon if s/he:

  • has been convicted of a misdemeanor crime of violence or of “carrying a weapon” within the last five years, unless the person received a suspended sentence for the crime;2
  • has been convicted of a felony in any state;
  • has been found guilty of a drug crime or two or more alcohol-related crimes within the last three years; or
  • is a fugitive or has a warrant out for his/her arrest.3

If s/he already has a license to carry a concealed weapon, that license can be revoked (canceled) if:

  • the person has been found guilty of a crime of violence within the last three years; or
  • the department that issues licenses is notified by any law enforcement agency or a court that the license-holder (or applicant) is arrested or formally charged with a crime that would disqualify him/her from having a license. The license can be revoked until the criminal case is decided; at that point, it can continue to be revoked or it can be re-instated, depending on the outcome of the case.4

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if s/he has been convicted of a felony or a domestic violence misdemeanor. Go to Federal Gun Laws to get more information.

1 A.C.A. § 5-73-103(a)(1)
2 A.C.A. § 5-73-308(a)(1)(A), (a)(2)
3 A.C.A. § 5-73-309
4 See A.C.A. § 5-73-308(a)(1)(B), (a)(3)

How can I find out if the abuser has been convicted of a crime?

Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Criminal convictions are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question What will happen if the abuser tries to purchase a gun?

The Abuser Isn't Supposed to Have a Gun...Now What?

Who do I notify if I think the abuser should not have a gun?

If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the State Police.  If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).

You can find contact information for sheriff departments in your area on our AR Sheriff Departments page.

You can find ATF field offices in Arkansas on the ATF website.  For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867).  Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials.  You will find contact information for organizations in your area on our AR Advocates and Shelters page.

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law.  If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.1

1United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

What is the penalty if the abuser has a firearm in violation of the law?

If the abuser violates Arkansas’s law that makes it illegal to have a firearm due to a felony conviction, an adjudication of being mentally ill, or being involuntarily committed to a mental institution, it is a Class A misdemeanor. However, it rises to a Class B felony if:

  • the person has a prior violent felony conviction;
  • the person’s current possession of a firearm involves the commission of another crime; or
  • the person has been previously convicted under this section or a similar provision from another jurisdiction.1

It would be a less serious felony, Class D, if s/he has been previously convicted of a felony but his/her present conduct or the prior felony conviction does not fall within the circumstances listed above.2

1 A.C.A. § 5-73-103(c)(1), (c)(3)
2 A.C.A. § 5-73-103(c)(2)

What will happen if the abuser tries to purchase a gun?

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.1 If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

1National Criminal Justice Reference Service website

More Information and Where to Get Help

I do not have a protection order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?

Even if the abuser has not been convicted of a crime and you don’t have a protection order, under Arkansas law, it is illegal for someone to have any firearm if s/he has been:

  • determined by a court (“adjudicated”) to be mentally ill; or
  • committed involuntarily to any mental health institution.1

In addition, a person can be denied a license to carry a concealed weapon if s/he:

  • is under 21 – although s/he can get a license at 18 if s/he is currently on active duty in the United States Armed Forces, in the reserves, or was honorably discharged; or is in the National Guard;
  • is a danger to himself/herself or others due to his/her mental state;
  • suffers from a mental or physical illness that prevents the safe handling of a gun;
  • has threatened or attempted suicide;
  • has been declared mentally incompetent by a court;
  • has voluntarily or involuntarily been committed to a mental institution or mental health treatment facility;
  • regularly uses drugs or alcohol to the point that his/her mental ability is harmed;
  • has been committed to a treatment facility for drugs or alcohol;
  • is not a US citizen or a permanent legal resident;
  • is not a resident of Arkansas; (Note: It is also required that the person has resided continuously in Arkansas for the past 90 days unless the person or his/her spouse was on active duty in the military during that time);
  • is prohibited by federal law to possess or transport a firearm for any of these reasons on our Federal Gun Laws page;
  • is a fugitive or has a warrant out for his/her arrest.2 Note: A person can also be denied a license if the county sheriff or chief of police in the area where the applicant lives submits an affidavit to the department that issues licenses in which s/he states that:
  1. the applicant has been or is reasonably likely to be a danger to himself/herself or to others based on:
    • threats of unlawful violence;
    • participation in an incident involving unlawful violence; or
    • past patterns of behavior; or
  2. the applicant is under a criminal investigation.3

If someone already has a license to carry a concealed weapon, that license can be revoked (canceled) if the department that issues licenses is notified by any law enforcement agency or a court that the license-holder is arrested or formally charged with a crime that would disqualify him/her from having a license. The license can be revoked until the criminal case is decided; at that point, it can continue to be revoked or it can be re-instated, depending on the outcome of the case.4

Even if it is not illegal for the abuser to have a gun, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our AR Advocates and Shelters page to find a local domestic violence organization near you.

For additional information on gun laws in Arkansas, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

1 A.C.A. § 5-73-103(a)
2 A.C.A. § 5 -73-309
3 A.C.A. § 5 -73-308(b)(1)
4 See A.C.A. § 5 -73-308(a)(1)(B), (a)(3)

I've read through all of this information, and I am still confused. What can I do?

Trying to understand both federal and state laws can be confusing, but there are people out there who can help you better understand the law and your rights under the law.

  • You can write to our Email Hotline.
  • You can contact a local domestic violence organization in your area.  See our AR Advocates and Shelters page.
  • You can also contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2.