Arkansas Gun Laws and Penalties Explained

Arkansas’ gun laws are continually changing and being updated. Staying informed about current gun laws is crucial because ignorance of these laws is not an acceptable defense if you are charged with a gun-related offense. Understanding Arkansas gun laws and penalties can help prevent unintentional violations of state and federal laws.

The laws regarding firearms in Arkansas can be very confusing as they’ve changed in recent years. Can you act in self-defense? Do you need a permit? The answers to these questions are information you need to know the answer to for your own safety. Although the answers are complex, small violations can still result in complex legal repercussions. If you have questions like these regarding Arkansas gun laws or are facing gun charges, a Cabot, Arkansas gun crime lawyer can help you today.

Understanding Arkansas Gun Laws

Arkansas gun laws are balanced between individual gun rights and general public safety. The laws generally revolve around the purchase, possession, and carrying of firearms. Arkansas is a “gun-friendly” state compared to other U.S. states and operates under a “shall-issue, permitless carry system.” Individuals over 18 can carry openly without a license, except in certain off-limit locations like schools or bars. Private handgun sales do not require licenses, background checks, or registrations.

Individuals who have been convicted of a felony are prohibited from purchasing, carrying, or residing in a home where firearms are present. Additionally, individuals who are subjected to certain domestic violence restraining orders, those adjudicated as mentally ill and committed to a mental institution, non-Arkansas residents, minors, or dishonorably discharged military personnel are not allowed to purchase or carry firearms.

Recent Changes to Arkansas Gun Laws

It is important to remain knowledgeable on current gun laws, as ignorance of the law is not a valid defense when the law is broken.

• Act 777. Arkansas’ Act 777 is an amendment to the state laws that came into effect in 2023. The amendment clarified the circumstances under which a Concealed Carry License (CCL) is required in the state. Although Arkansas law does not mandate a permit for carrying a concealed firearm, it was confusing to many why the state still offered concealed carry licenses.The new amendment simplifies compliance with other state’s gun laws by clarifying that the purpose of CCLs in Arkansas is mainly for travel. Additionally, it has made the rules for firearms trainers, law enforcement officials, hunters, or other professionals who can carry firearms in otherwise prohibited areas more straightforward.
• SB24’s Self-Defense and Standing Your Ground. On March 3, 2021, Governor Asa Hutchinson signed the SB24 bill into law and loosened the state’s restrictions regarding using lethal force in self-defense. Individuals are now legally able to defend themselves without the obligation to retreat from a threatening situation, whether they are inside or outside of their home or property, if they believe they are facing imminent danger of death, serious bodily harm, or a forcible felony.

Gun Crimes and Penalties in Arkansas

Gun crimes are taken very seriously in Arkansas, and anyone found guilty of committing a gun crime can potentially be sentenced to jail or prison. Common gun crimes include unlawful possession, use of a firearm during a crime, and unlawful firearm sales. Certain individuals, such as felons or those convicted of domestic violence, are prohibited from possessing firearms.

Any violation of these or other gun crimes could result in a misdemeanor or felony charge that could include severe penalties. The use of a gun during the commission of a crime can also lead to penalty enhancements. A conviction for aggravated assault involving a gun, for example, can carry a sentence of six years in prison.

Illegal firearm sales, especially to minors or prohibited individuals, are also subject to criminal penalties. In these cases, both state and federal laws may apply, leading to fines, imprisonment, or both. Repeat gun crime offenders or people found guilty of trafficking firearms across state lines could face state or federal criminal charges.

Even when criminality is not involved, someone in Arkansas could face serious criminal penalties if they unintentionally carry a firearm into a bar, airport, or other restricted area. Proving the act was unintentional could result in lower penalties, but there’s no guarantee that a court would not enforce the criminal laws prohibiting where firearms are and are not allowed. Such crimes are generally prosecuted as unlawful carry violations.

Arkansas Open Carry and Concealed Handgun Laws

Arkansas allows open carry of firearms. Residents can openly carry a firearm without a permit due to the state’s constitutional carry law. Individuals should still familiarize themselves with specific regulations and restrictions to ensure compliance with local laws. Open carry does not apply to certain public and private properties like schools, government buildings, and private businesses that prohibit firearms on their premises.

Arkansas’ Act 777, effective in 2023, amends state laws regarding concealed carry licenses (CCLs). While a permit is not required for carrying a concealed firearm, the previous laws caused confusion about the necessity of CCLs. The amendment clarifies that CCLs are primarily for traveling and streamlines regulations for firearm trainers, law enforcement, hunters, and professionals carrying firearms in restricted areas.

How to Restore Your Right to Own a Firearm?

If your ability to possess a firearm has been restricted due to a protective order, your gun crime lawyer can speak before the judge who signed that order, asking the courts to restore your right to possess a firearm. Individuals who lost their firearm rights due to a felony conviction may request a pardon from the governor.

If your firearm rights were lost due to a mental health-related ruling, you might need to provide evidence of rehabilitation or treatment to have your rights reinstated. Additionally, successfully completing probation or parole terms may improve your chances of restoring your right to own a firearm.

Gun Safety Tips and Recommended Practices

Practicing gun safety is essential for responsible gun ownership. Proper storage, maintenance, and handling of firearms are all equally important parts of firearm safety. Always follow the basic safety rules and treat every firearm as if it were loaded to prevent dangerous accidents. Other good practices include:

• Always keep the muzzle of a firearm pointed in a safe direction.
• Always keep your fingers off the trigger until you’re ready to shoot.
• Ensure firearms are securely stored in a locked cabinet or safe, away from children and unauthorized gun users.
• Regularly clean and inspect your firearm to ensure it is reliable and functions safely.
• Participate in firearm safety courses and training programs.
• Stay abreast of Arkansas gun laws and regulations.

FAQs About Arkansas Gun Laws and Penalties

Can I Carry a Gun Without a Permit in Arkansas?

You can carry a gun without a permit in Arkansas, per the enactment of Act 777. Arkansas is a “shall-issue, permitless carry system,” which means that private handgun sales do not require licenses, background checks, or registrations. Most individuals over 18 can carry openly without a license, except for in certain locations like schools or bars. In order to carry a gun in those certain off-limited areas, you must obtain a Concealed Handgun Carry License (CHCL).

What Are the Requirements to Own a Gun in Arkansas?

In Arkansas, the requirements to own a gun are relatively lenient compared to other states. You must be at least 18 years old and a resident of Arkansas. You cannot be a convicted felon, cannot have been charged with a domestic violence-related misdemeanor, cannot be adjudicated as mentally incompetent, and cannot have any active restraining orders against you.

What Is the 777 Law in Arkansas?

The 777 Law in Arkansas (Act 777) is an amendment to existing Arkansas state laws that clarifies when concealed carry licensing is needed. While a permit is not required to carry a concealed firearm in Arkansas, permits can be issued to simplify the process of travel and complying with gun laws in other states. It also simplifies the rules for firearms trainers, law enforcement officials, hunters, or other professionals who are lawfully able to carry firearms in otherwise prohibited areas.

Is Arkansas a Stand-Your-Ground state?

Arkansas is a Stand-Your-Ground state as of 2021. The SB24 law now allows individuals to defend themselves without the obligation to retreat from a threatening situation. This applies whether they are inside or outside of their home or property, so long as they believe they are facing imminent danger of death, serious bodily harm, or a forcible felony.

Can You Carry a Concealed Weapon in Arkansas Without a License?

No, in Arkansas, you cannot carry a concealed weapon without a license. The state requires individuals to obtain a concealed carry license (CCW) to legally carry a concealed firearm. Open carry is permitted without a license, but concealed carry requires adherence to specific regulations, including training and background checks. Always check the latest laws and regulations.

What Are the Gun Laws in Arkansas?

Arkansas gun laws allow individuals to openly carry firearms without a permit. The state prohibits firearms in certain locations, such as schools and government buildings. Background checks are required for commercial firearm sales. A felony conviction could lead to your gun rights being revoked indefinitely. You may hire an attorney to petition the governor for a restoration of your gun rights if you are eligible.

How Can the Right to Possess a Firearm Be Restored?

If your right to possess or own a firearm is suspended due to an outstanding protective order, your attorney can plead your case before a judge and ask that your rights be restored. You may also work with an attorney to directly appeal to the governor for a pardon when it comes to your gun rights. The governor’s decision is final and cannot be appealed.

Which Type of Lawyer Can Defend Me in a Gun Crime Case?

If you are facing criminal charges, you need legal representation from a criminal defense attorney. The number of years the lawyer has practiced law will matter. Look for an attorney who has at least several years of experience in court and trial experience. Not all criminal defense attorneys understand state and federal gun crime laws. Ask any prospective lawyer how much experience they have defending clients facing gun-related charges.

What Is Unlawful Carrying of a Firearm in Arkansas?

Unlawful carry of a firearm in Arkansas involves possessing or carrying a firearm in public without a valid concealed carry license. Even licensed individuals must avoid carrying in prohibited locations, such as schools and government buildings. Violations can result in serious legal consequences, including fines and potential imprisonment, depending on the nature of the offense.

Contact an Arkansas Gun Crime Lawyer

Arkansas reserves particularly harsh penalties for crimes that involve a firearm. If you are facing a gun-related criminal charge, you need the legal services of a criminal defense attorney you can trust. The legal team at Lemley Law Partners understands state and federal gun crime laws. We can use our experience and knowledge to create a legal strategy that works to reduce the criminal charges you are facing.

Facing serious criminal charges can be unsettling and incredibly stressful. You gain a powerful ally when you team with our lawyers. We will carefully review your case to see how we can poke holes in the prosecution’s case. To schedule your consultation, contact our office today.

While Arkansas has relatively lenient gun laws, you still need to be knowledgeable of the specifics to ensure you are compliant. Individuals over 18 (with certain exceptions) can openly carry a firearm without a permit. Exceptions apply to convicted felons, individuals with domestic violence-related misdemeanors, individuals with active restraining orders against them, individuals adjudicated as mentally incompetent, and individuals dishonorably discharged from the military.

The attorneys at Lemley Law Partners have great experience in navigating complicated gun laws. If you have further questions about Arkansas’ gun laws or find yourself facing gun-related charges, don’t hesitate to reach out to our office. We have extensive experience with gun crimes and can provide guidance tailored to your specific legal circumstances. Your rights and freedoms are of great importance, and we’re here to help you protect them. Contact us today for a consultation.