Cabot Gun Crime Lawyer

Cabot Gun Crime Attorney

The possession of firearms in Arkansas is subject to various state and federal laws and regulations, and even small violations can result in serious legal consequences. If you are facing criminal charges related to possession of prohibited weapons, constructive possession, or illegal gun possession as a convicted felon, it is important to work with a Cabot gun crime lawyer who can help you understand your legal rights and options.

Arkansas law prohibits felons from owning or possessing guns. For everyone else, the possession of certain weapons, like bombs or metal knuckles, is deemed illegal, further complicating matters. Navigating these nuances can be complex, so our team is committed to providing our clients with thorough legal guidance and defense strategies. If you or a family member has been charged with a gun crime in Arkansas, investing in an experienced gun crime attorney is the first step you should take.

Arkansas State Firearm Laws and Regulations:

In Arkansas, firearm laws and regulations primarily center on the purchase, possession, and carrying of firearms. To understand potential charges, it is important to note that Arkansas operates under a “shall-issue, permitless carry system,” and concealed weapons licenses are issued by the State Department of Public Safety. This essentially means that private handgun sales do not require licenses, background checks, or registrations. Individuals over 18 can carry openly without a license, except in certain off-limit locations like schools or bars.

The restrictions surrounding the purchase, possession, and carrying of firearms apply to a few specific groups of people. The first of which are convicted felons. Arkansas law prohibits individuals who have been convicted of a felony from possessing or owning firearms, regardless of whether the felony was violent or non-violent.

Due to a concept called constructive possession, felons are also not allowed/advised against living in a home where firearms are present because, in this case, they technically still have access to the firearm. It doesn’t matter if the gun is legally owned by someone else in the same household. The felon can still be charged with violating the law for simply knowingly being in the same vicinity as the firearm.

Individuals subject to certain domestic violence restraining orders are also ineligible from possessing or owning firearms. Individuals who are adjudicated as mentally ill (i.e., deemed mentally incompetent) or committed to a mental institution are also ineligible. Additional disqualifiers include those who are non-Arkansas residents, minors, or dishonorably discharged from the military.

Legal Consequences for Arkansas Gun Charges

The state of Arkansas has strict legal consequences for firearm-related offenses. Possession by convicted felons is a serious violation; thus, penalties range from hefty fines to lengthy imprisonment. Depending on the circumstances, such as previous convictions or criminal history, charges can escalate from Class D to Class B felonies, which can carry fines up to $15,000 and prison terms ranging up to 20 years.

Constructive possession, where individuals have access to firearms even if they are not physically in possession of them, can also lead to consequences. It is crucial that you understand and adhere to Arkansas firearm laws to avoid legal repercussions. The right to legal representation is key for individuals who have already faced or are facing gun charges.

In addition to fines and imprisonment, individuals charged with gun crimes in Cabot, Arkansas may also face other legal consequences. These can include probation, community service, and revocation of their Second Amendment firearm rights. The loss of Second Amendment rights can have significant, trying consequences for felons, as it impacts their ability to legally possess firearms in the future. This can impact future decisions, such as who they choose to marry or live with (due to constructive possession), their social activities, employment opportunities, and so on.

FAQs

Q: What Is the Penalty for a Gun Charge Conviction in Arkansas?

A: In Arkansas, the penalty for a gun charge depends on various factors, particularly the nature of the offense. For minor offenses, someone may face up to a year in jail and fines. On the other hand, more serious felony convictions could result in longer prison terms, including life in prison.

Aside from direct penalties, the effects can be long-lasting in terms of probation, reduced employment opportunities, decreased social standing, and loss of Second Amendment rights.

Q: What Disqualifies You From Owning a Gun in Arkansas?

A: In Arkansas, there are a few conditions that disqualify individuals from owning or possessing a gun. Individuals who have been convicted of a felony that has not been expunged are not allowed to own or possess a firearm. Individuals who have been adjudicated as mentally ill or committed to a mental institution are also ineligible. Additional disqualifiers include those who are non-Arkansas residents, dishonorably discharged from the military, or minors.

Q: Can a Felon Live in a House With a Gun in Arkansas?

A: In Arkansas, felons are advised against living in a home where firearms are present because they are considered to still have access to the firearm. It doesn’t matter if the gun is legally owned by someone else in the same household. A felon can still be charged with violating the law for simply knowingly being in the same vicinity of the firearm (known as constructive possession).

Q: What Is a Prohibited Weapon Charge in Arkansas?

A: According to Arkansas State Statute AR Code § 5-73-104 (2020), a prohibited weapon charge in Arkansas is the illegal possession, sale, or use of weapons prohibited by law, including explosive devices and other dangerous instruments like metal knuckles. Violations can lead to severe legal consequences such as fines and imprisonment.

Contact a Cabot Gun Crime Defense Lawyer

Understanding and navigating gun charges in Arkansas requires a deep knowledge of both federal and state firearm laws, so seeking legal representation is crucial. Our team at Lemley Law Partners offers unique defense strategies, support, and unwavering advocacy.

With our vast experience representing members of our community through gun charges, you don’t have to face these challenges on your own. If you or a loved one is facing firearm charges in Arkansas, contact our office for a consultation today.