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Gun Crime Defense

In Conway, Arkansas

Conway Gun Crime Defense Lawyer

Charged with a gun crime in Conway, AR? Contact the top gun crime defense attorney in Conway, Arkansas to protect your rights and your future.

A weapons charge in Faulkner County puts your job, your housing, your record, and your right to own a firearm at risk all at once.

Some cases start with a routine traffic stop on I-40 or Dave Ward Drive, others with a search of your home. Either way, prosecutors, and sometimes federal agents, are already deciding how to charge you.

At Lemley DWI & Criminal Defense Lawyers, we represent people across Conway and Faulkner County facing state and federal weapons charges.

Our Conway gun crime defense lawyers bring together former prosecutors, a former law enforcement detective, and more than 21 years of courtroom experience, so we understand how these cases are built and where they break down. We challenge the stop, the search, and the proof of possession, and we offer flat fees and flexible payment plans.

Contact us today for a free consultation with our legal team.

Arrested on a Gun Charge in Conway?

A firearm charge can upend your life overnight. Your job, your freedom, and your right to ever own a gun again are all suddenly at risk. What you do in the next few hours matters far more than most people realize.

We defend people facing weapons charges from our local Conway office. Our team includes former prosecutors, a former law enforcement detective, and a Conway gun crime defense attorney who worked inside the U.S. District Attorney’s office, available around the clock, at no charge, to evaluate your situation.

What Is a Gun Crime in Arkansas?

A gun crime is any offense involving the illegal possession, use, or transfer of a firearm under state or federal law. Most Arkansas charges arise under Title 5, Chapter 73 of the Arkansas Code, though federal statutes like 18 U.S.C. § 922 can apply as well.

Whether a charge sticks usually comes down to three things: who had the gun, where it was, and what was happening at the time.

Types of Gun Charges We Defend in Conway

We handle the full range of weapons charges in Faulkner County. Here are the most common offenses we defend:

Felon in Possession of a Firearm

Under § 5-73-103, any person with a prior felony conviction who possesses a firearm commits a new, separate felony. These cases most often start with a routine traffic stop or a search of someone’s home.

A conviction can carry years in state prison, but it first requires proof that you actually had control of the weapon.

What we see in Faulkner County felon-in-possession cases is a gun found under a seat or in a center console of a car with more than one person inside. Who owned the car, who was driving, and whose prints or DNA are on the weapon often matter more than where it was found. Our case results include a felon in possession of a firearm charge that was dismissed.

Carrying a Weapon with Unlawful Intent

Arkansas allows permitless carry for most adults, but § 5-73-120 still prohibits carrying with the intent to use a weapon against another person. The prosecution must prove that specific intent, and it is the element we attack hardest.

Possession of a Firearm on School Grounds

Bringing a gun onto K-12 school property or a university campus like UCA is illegal under § 5-73-119 and the federal Gun-Free School Zones Act. The federal exposure in these cases makes early legal intervention critical.

Aggravated Assault with a Firearm

Pointing or discharging a weapon at another person can result in a Class D felony under § 5-13-204. The state must establish both the act and your intent, which is rarely as clear-cut as prosecutors suggest.

Possession of a Defaced or Stolen Firearm

Possessing a gun with an altered or removed serial number (§ 5-73-107) or one you knew was stolen (§ 5-36-106) is a serious offense. Our case results include a possession of stolen firearm charge that was dismissed.

Unlawful Discharge within City Limits

Firing a weapon inside Conway city limits can be a municipal violation. Discharging from a vehicle is a state crime under § 5-74-107, with much steeper consequences, and it becomes a Class Y felony when someone is seriously injured or killed.

Straw Purchases and Illegal Gun Transfers

A straw purchase is when someone buys a firearm for a person who is legally prohibited from owning one. The ATF investigates these cases, and they are prosecuted in federal court where the penalties are substantially more severe.

Federal Firearm Charges

Federal charges under § 924(c) for using a gun in a drug crime carry mandatory minimum sentences the judge generally cannot go below. A § 922(g) prohibited-person case can also carry a 15-year minimum for people with certain prior convictions. Our criminal defense attorneys in Conway have worked inside both state and federal systems and know how these cases are assembled.

What Are the Penalties for a Gun Charge in Arkansas?

The consequences depend entirely on the specific charge and your prior record:

Charge Class 

Example Offense 

Prison Range 

Max Fine 

Class Y Felony 

Discharge from a Vehicle Causing Serious Injury

10 to 40 Years or Life 

Varies by offense

Class B Felony 

Felon in Possession (Prior Violent Felony)

5 to 20 Years 

$15,000 

Class D Felony 

Felon in Possession (Other Prior Felony)

Up to 6 Years 

$10,000 

Class A Misdemeanor 

Carrying with Unlawful Intent 

Up to 1 Year 

$2,500 

A firearm enhancement under § 16-90-120 can add up to 15 years when a weapon is used or possessed during another felony, served on top of the underlying sentence. In federal cases with a mandatory minimum, the judge generally cannot go below that floor, even for a first-time offense.

Will My Case Stay in State or Go to Federal Court?

Most gun arrests in Conway are prosecuted in Faulkner County Circuit Court. However, your case can move into the federal system when certain factors are present:

  • A prior felony conviction combined with firearm possession.
  • An ATF or FBI investigation as the originating agency.
  • A weapon that crossed state lines before the arrest.

Federal court means different rules, different prosecutors, and sentencing minimums written directly into law. Our team has been on both sides of that divide, and we will tell you clearly which system you are facing and why it matters.

One pattern we consistently see in Conway gun cases is a state arrest that later draws federal interest, especially when a drug investigation or a prior felony is involved. Getting involved before that decision is made gives us a chance to address the case while it is still in Faulkner County Circuit Court.

What Defenses Can Beat an Arkansas Gun Charge?

An arrest is not a conviction. These are the defenses we most commonly develop, depending on your specific facts:

  • Illegal search or stop: If police lacked lawful justification for stopping your vehicle or entering your property, any firearm discovered may be excluded from evidence entirely, and without it, many cases cannot go forward.
  • No possession or knowledge: Constructive possession means the state must prove you knew the gun was there and had control over it. If the weapon was found in a shared vehicle or home, that element is genuinely at issue.
  • Stand your ground: Arkansas’s self-defense law, updated in 2021 under § 5-2-607, removed the duty to retreat when you are lawfully present and allows deadly force when you reasonably believe someone is using or about to use deadly force, or is committing a violent felony.
  • No unlawful intent: A carrying charge requires proof that you intended to use the weapon unlawfully against a person. If you had the weapon for lawful personal protection, which is legal in Arkansas, we can establish that with evidence.
  • Miranda violations: Statements made before you were read your rights may be suppressed. We examine every documented interaction with law enforcement for these issues.

What to Expect in Faulkner County Court

Here is how a gun case typically moves through the system after an arrest in Conway.

Arrest and Bond Hearing

After booking at the Faulkner County Detention Center, a judge sets the conditions and amount of your release. Our Conway gun crime defense lawyers can appear at this first hearing to argue for fair terms on your behalf.

Arraignment

At arraignment, the charges are formally read and you enter a not-guilty plea. Misdemeanor cases stay in District Court, and felony charges move to Faulkner County Circuit Court in Conway.

Discovery

The prosecution is required to turn over its evidence, including police reports, body camera footage, lab results, and witness statements. We go through every document looking for errors, gaps, and constitutional violations.

Motions to Suppress

If evidence was gathered through an illegal stop, search, or interrogation, we file a motion to exclude it before trial. Many gun cases are resolved in our clients’ favor at this stage alone.

Trial

At trial, we cross-examine the state’s witnesses, challenge the physical evidence, and hold the prosecution to its burden of proving guilt beyond a reasonable doubt on every element of the charge.

What Should You Do After a Gun Arrest in Conway?

The moves you make right now shape what is possible in your case later.

  • Stay silent: Tell officers you want a lawyer and stop there. Not even a brief explanation can help you at this stage.
  • Document everything: Write down what happened, who was present, and what the officers said and did while the details are still fresh.
  • Keep it private: Do not discuss the case with family or friends. Those conversations can make their way back to prosecutors.

Will a Conviction Affect Your Gun Rights or CHCL?

A felony conviction permanently strips your right to possess a firearm under both Arkansas and federal law. A domestic violence misdemeanor carries the same federal consequence under the Lautenberg Amendment, even without a felony record.

Your Concealed Handgun Carry License (CHCL) is also revoked upon a disqualifying conviction. Restoration is possible only in limited circumstances, such as a governor’s pardon, and we can advise you honestly on whether that path exists in your case.

Can You Get Your Seized Firearm Returned?

If your charges are dropped or you are acquitted, we can file a motion with the court to recover your property. When the ATF has initiated federal forfeiture proceedings, the process is considerably more involved, but our team handles those cases regularly and knows exactly how to move through them.

What Results Has Our Conway Defense Team Achieved?

Here are some of the outcomes we have secured for clients facing serious criminal charges:

  • Dismissed: Felon in possession of firearm.
  • Dismissed: Felony simultaneous possession of drugs and guns.
  • Dismissed: Drug trafficking.

Every case is different, and past results do not guarantee a similar outcome in yours. These results reflect what it looks like when we fight without reservation.

What Does a Conway Gun Defense Lawyer Cost?

We charge flat fees with no hourly billing, and we offer flexible payment plans so that a serious charge does not also put quality legal defense out of reach. Kevin Lemley describes this firm simply: we are a logistics company, and our only job is to move you from a hard moment to a better one.

“Lemley Law Partners did an outstanding job representing our family during a very stressful court case involving our son. They were professional, compassionate, and very easy to work with throughout the process.Kevin and Sami did a great job handling the case and answering our questions along with details needed. Our attorney Lauren arrived prepared and on time for the hearing and worked diligently to help resolve our case. After negotiations, we were able to reach an agreement that our family was very satisfied with. We truly appreciated the communication, dedication, and support we received during such a difficult time. We highly recommend Lemley Law Partners to anyone needing legal representation.” – Ryan

Your first consultation is free and confidential, with no obligation to hire us. Call Lemley DWI & Criminal Defense Lawyers to schedule a consultation with a lawyer today.

Frequently Asked Questions About Conway Gun Charges

Is Permitless Carry in Arkansas Legal for Everyone?

Permitless carry is available to most Arkansas adults, but it does not apply to anyone with a prior felony conviction, a disqualifying domestic violence record, or an active protection order under state or federal law.

Can the ATF Take Over My Case After a State Arrest in Arkansas?

Yes. Federal agencies routinely adopt state firearms cases for prosecution in federal court, especially when a prior felony record or a drug investigation is connected to the arrest, where penalties are significantly higher.

Does an Active Protection Order Bar Me from Possessing a Firearm?

Federal law under 18 U.S.C. § 922(g)(8) prohibits firearm possession while any qualifying protection order is active, regardless of whether you have been convicted of the underlying allegations.

Can a First-Time Misdemeanor Gun Charge Be Diverted or Sealed in Arkansas?

Some first-time misdemeanor charges qualify for diversion and later sealing, but felony gun charges rarely do without significant negotiation, and we will give you a straight, honest answer about what is actually achievable in your case.

What if the Firearm Was Found in Someone Else’s Vehicle?

To establish possession, the state must prove you knew the gun was there and had the intent and ability to control it, a claim we challenge using evidence about vehicle ownership, who had access, and where the physical evidence actually points.

What Happens if I Miss a Conway Court Date?

A missed court date usually leads to a warrant for your arrest, which immediately compounds your legal situation. If you are concerned about an upcoming date, call us before it becomes an additional charge.

Skilled Defense Attorneys For Gun Crime Charges in Conway, Arkansas

A gun charge is serious, but it is not the end of the road. We have helped people through situations far more complicated than yours, and our Conway team is ready to stand with you from the first call to the final verdict.

Call Lemley DWI & Criminal Defense Lawyers to schedule a consultation with a lawyer today. We answer any time, day or night, and your first consultation is free and confidential.