What Disqualifies You From Owning a Gun in Arkansas?
What Disqualifies You From Owning a Gun in Arkansas?
The right to bear arms is a fundamental right protected by the Second Amendment of the United States Constitution. However, there are certain circumstances in which a person may be disqualified from owning a gun in Arkansas. These include being a convicted felon, being under indictment for a felony, being a fugitive from justice, being a mental defective, being addicted to drugs or alcohol, or being a habitual user of controlled substances.
In this article, we will discuss the specific laws in Arkansas that disqualify a person from owning a gun. We will also provide information on how to restore your gun rights if you have been disqualified.
What Are the Specific Laws in Arkansas That Disqualify a Person from Owning a Gun?
The following are the specific laws in Arkansas that disqualify a person from owning a gun:
- Convicted felons. A person who has been convicted of a felony is prohibited from owning a gun in Arkansas. This includes felonies that have been expunged or sealed.
- Under indictment for a felony. A person who is under indictment for a felony is also prohibited from owning a gun in Arkansas.
- Fugitive from justice. A person who is a fugitive from justice is prohibited from owning a gun in Arkansas.
- Mental defective. A person who has been adjudicated as a mental defective is prohibited from owning a gun in Arkansas.
- Addicted to drugs or alcohol. A person who is addicted to drugs or alcohol is prohibited from owning a gun in Arkansas.
- Habitual user of controlled substances. A person who is a habitual user of controlled substances is prohibited from owning a gun in Arkansas.
What Disqualifies You From Owning A Gun In Arkansas?
| Disqualification | Description |
|—|—|
| Conviction of a felony | Any person convicted of a felony in any court of the United States or of this state shall be disqualified from possessing a firearm. |
| Domestic violence conviction | Any person who has been convicted of a misdemeanor crime of domestic violence shall be disqualified from possessing a firearm. |
| Adjudication of mental illness | Any person who has been adjudicated to be mentally ill by a court of competent jurisdiction shall be disqualified from possessing a firearm. |
3. Drug Use
In addition to the criminal history requirements, there are also drug use requirements for purchasing a firearm in Arkansas. These requirements are as follows:
- Conviction for drug possession. If you have been convicted of a felony drug offense, you are prohibited from possessing a firearm in Arkansas. This includes convictions for possession of marijuana, cocaine, heroin, or any other controlled substance.
- Current drug use. If you are currently using drugs, you are also prohibited from possessing a firearm in Arkansas. This includes using marijuana, cocaine, heroin, or any other controlled substance.
It is important to note that these drug use requirements apply to both misdemeanor and felony drug offenses. Additionally, they apply to both simple possession of drugs and drug trafficking offenses.
If you have been convicted of a drug offense or are currently using drugs, you should not attempt to purchase a firearm in Arkansas. Doing so could result in criminal charges.
4. Other Disqualifications
In addition to the criminal history and drug use requirements, there are also a number of other disqualifications for purchasing a firearm in Arkansas. These include:
- Being a fugitive from justice. If you are a fugitive from justice, you are prohibited from possessing a firearm in Arkansas. This includes fugitives from both state and federal law.
- Being a member of a prohibited organization. If you are a member of a prohibited organization, you are prohibited from possessing a firearm in Arkansas. This includes organizations that are classified as terrorist organizations by the federal government.
- Being under indictment for a felony. If you are under indictment for a felony, you are prohibited from possessing a firearm in Arkansas. This includes indictments for both state and federal felonies.
It is important to note that these disqualifications apply to both misdemeanor and felony offenses. Additionally, they apply to both simple possession of drugs and drug trafficking offenses.
If you have any of these disqualifications, you should not attempt to purchase a firearm in Arkansas. Doing so could result in criminal charges.
These are the main disqualifications for purchasing a firearm in Arkansas. If you have any questions about these requirements, you should consult with an attorney.
Additional Resources
- [Arkansas Code Annotated 5-73-101](https://law.justia.com/codes/arkansas/2014/title-5/subtitle-7/chapter-101/)
- [Arkansas State Police](https://www.asp.arkansas.gov/)
- [National Rifle Association](https://www.nra.org/)
- [National Shooting Sports Foundation](https://www.nssf.org/)
What Disqualifies You From Owning A Gun In Arkansas?
- Being a convicted felon. Felons are prohibited from possessing firearms in Arkansas, regardless of the type of felony conviction. This includes people who have been convicted of a felony in another state, as well as those who have been convicted of a misdemeanor crime of domestic violence.
- Being a fugitive from justice. Anyone who is a fugitive from justice is prohibited from possessing a firearm in Arkansas. This includes people who are wanted for a felony or misdemeanor warrant, as well as those who have jumped bail or failed to appear for court.
- Being addicted to a controlled substance. People who are addicted to a controlled substance are prohibited from possessing a firearm in Arkansas. This includes people who have been convicted of a drug-related crime, as well as those who are currently under the supervision of a drug treatment program.
- Having been adjudicated mentally incompetent. People who have been adjudicated mentally incompetent are prohibited from possessing a firearm in Arkansas. This includes people who have been found by a court to be unable to manage their own affairs or to understand the consequences of their actions.
- Being a member of a prohibited organization. People who are members of a prohibited organization are prohibited from possessing a firearm in Arkansas. This includes people who are members of a criminal street gang, a terrorist organization, or any other organization that advocates violence or hatred.
- Having been dishonorably discharged from the military. People who have been dishonorably discharged from the military are prohibited from possessing a firearm in Arkansas. This includes people who were discharged for a felony conviction, a drug-related offense, or any other serious misconduct.
- Being subject to a restraining order or protective order. People who are subject to a restraining order or protective order are prohibited from possessing a firearm in Arkansas. This includes people who have been issued a temporary or permanent restraining order, as well as those who have been issued a protective order against a current or former spouse, intimate partner, or dating partner.
If you are unsure whether you are disqualified from owning a gun in Arkansas, you should consult with an attorney.