Conway Stolen Firearms Defense Lawyer

Facing charges having to do with stolen firearms in Conway, AR? Our award-winning stolen firearms defense attorneys in Conway, Arkansas will fight to defend you.

A stolen firearm charge in Faulkner County puts your freedom, your gun rights, and your record on the line under Arkansas Code § 5-36-106. Prosecutors treat these cases aggressively, and the felony classification can shift based on facts you may not even know the state is tracking.

Our Conway stolen firearms defense lawyers represents people accused of possessing, receiving, or transferring a stolen firearm across Faulkner County and the surrounding area.

We know how local prosecutors build these cases, where their evidence tends to break down, and how to position your defense from the first court appearance through resolution.

Contact us today for a free consultation.

What Is a Stolen Firearm Charge in Arkansas?

Theft by receiving, Arkansas Code § 5-36-106, is the charge most prosecutors file when someone possesses, retains, or transfers a stolen firearm.

The law defines “theft by receiving” as knowingly taking possession of property you had reason to believe was stolen, and without that knowledge element, the prosecution cannot secure a conviction.

Whether the charge is a Class D or Class B felony depends on the gun’s value and your criminal history.

Class D generally applies to less serious stolen-firearm offenses and carries a lower sentencing range, while Class B applies to more serious offenses, for example, those involving higher-valued firearms or defendants with prior convictions, and exposes a defendant to substantially longer prison terms.

What the State Must Prove Against You

To convict you, the prosecution must establish all three of the following elements beyond a reasonable doubt:

• Possession or control: Simply being near a firearm is not enough. The state must show the gun was under your actual or constructive control, meaning you had the ability to exercise dominion over it.
• Stolen status: Prosecutors rely on ATF firearm trace data and law enforcement reports to prove the gun was previously reported stolen.
• Knowledge: You knew, or had good reason to believe, the firearm was stolen. This is the hardest element for the state to prove and where most defenses are built.

Knocking out any one of these three elements means the charge does not hold. The first step of our Conway stolen firearms defense attorneys is always identifying which element is weakest in your specific case.

One pattern we see consistently in Faulkner County stolen firearm cases is how thin the state’s proof of knowledge actually is once we push on it. ATF trace reports establish that a gun was reported stolen, but they say nothing about what the person holding it knew or believed at the time.

At Lemley Law DWI & Criminal Defense Lawyers, we regularly find that prosecutors lean on proximity and possession alone, hoping a jury will infer knowledge that the evidence never actually establishes.

What Happens After an Arrest in Faulkner County?

After your arrest, officers take you to the Faulkner County Detention Center for booking, fingerprints, photographs, and a background review. A judge then sets bond, which can be a cash bond paid in full, a surety bond arranged through a licensed bail bondsman, or a release on your own recognizance, meaning no money is required.

We appear before the court promptly to argue for the most favorable bond terms.

Your arraignment, the first formal court date, takes place at Conway District Court, 810 Parkway St. We enter a not-guilty plea to preserve every legal defense available and formally request the state’s full body of evidence through discovery, which includes police reports, body camera footage, ATF firearm trace records, and all witness statements.

Penalties for a Stolen Firearm Conviction in Arkansas

Sentencing enhancements run consecutively, added prison time on top of your base sentence, not in place of it.

How a Conviction Affects Your Rights

A felony conviction imposes a lifetime ban on owning, possessing, or purchasing any firearm under Arkansas Code § 5-73-103 and the federal felon-in-possession statute, 18 U.S.C. § 922(g). This prohibition is permanent, with no automatic path to restoration.

The consequences reach far beyond your Second Amendment rights:

• Concealed carry permit: Automatically revoked upon conviction with no reinstatement option.
• Employment: Licensing boards and many employers are legally barred from hiring convicted felons in fields like healthcare, education, and law enforcement.
• Federal housing assistance: HUD programs exclude applicants with felony weapons convictions.
• Voting rights: Arkansas suspends voting rights until you complete your full sentence, including any probation or parole period.

This is why the focus must be on preventing a felony conviction, not managing its aftermath.

Defenses That Work in Stolen Firearm Cases

The knowledge element is where the prosecution is most exposed. Showing a jury that you knew a specific firearm was stolen is far more difficult than prosecutors make it appear, and our Conway criminal defense lawyers target that weakness from day one.

Challenging the Search That Found the Firearm

Your Fourth Amendment rights bar police from conducting unreasonable searches. If officers stopped your vehicle without reasonable suspicion, searched your home without a warrant, or exceeded the authorized scope of a search, we file a motion to suppress the firearm as evidence.

When granted, the physical evidence is excluded, and without the gun, the state’s case typically collapses.

Attacking Statements Made to Police

Before questioning you in custody, police must inform you of your Miranda rights, including your right to remain silent and your right to an attorney.

If officers skipped that step or questioned you under coercive conditions, we move to exclude any statements from the record. We also examine whether you ever specifically claimed ownership or knowledge of the weapon.

Contesting Physical Evidence and Chain of Custody

Chain of custody is the documented record of every person who handled the firearm from seizure through trial. Any undocumented gap creates reasonable doubt about whether the evidence was tampered with or misidentified.

We demand full documentation and, where warranted, push for independent fingerprint and DNA analysis on the weapon.

Additional defenses we evaluate in every case:

• No direct possession: The firearm was found in a shared car or space, with no physical evidence tying it specifically to you.
• ATF trace mismatch: The gun’s records link ownership to someone else entirely.
• Duress: You possessed the firearm because someone threatened your safety and you had no reasonable means to refuse.

Across the stolen firearm cases we handle in the 20th Judicial District, chain-of-custody gaps show up more often than people expect, especially when a weapon passes through multiple hands between a traffic stop on Highway 65 and final testing at the state crime lab.

Every undocumented transfer is an opening, and we push hard on that documentation in every case we take.

What to Do If Police Contact You

What you do in the first hours after police contact you can shape the outcome of your entire case. Clearly invoke your rights by stating: “I am invoking my right to remain silent and I want a lawyer.” Then follow these steps:

• Do not explain: Attempting to clarify the situation, even innocently, almost always creates more evidence for prosecutors to use against you.
• Decline all searches: Require officers to obtain a warrant before searching your vehicle, home, or phone.
• Call us first: Do not agree to speak with detectives or ATF agents without your attorney present.

Will Your Case Go to Trial or Resolve Before Then?

Most stolen firearms cases in Conway resolve through negotiations between our office and the Faulkner County prosecutor. That said, we build every case file as though it will go before a jury, because that preparation consistently produces better plea offers.

Depending on your criminal history and the specific facts of the case, our Conway stolen firearms defense attorneys pursue:

• Charge reduction: Negotiating from a Class B felony to a Class D felony, or from a felony to a misdemeanor, meaningfully reducing your sentencing exposure.
• Pretrial diversion: First-time offenders may qualify for a program that results in full dismissal after meeting a defined set of conditions.
• Act 346 first-offender treatment: Arkansas law allows eligible first-time offenders to complete probation and have the charge dismissed and the record sealed.
• Probation or suspended sentence: An alternative to incarceration that satisfies the court’s requirements without prison time.

When the state refuses a fair resolution, we go to trial fully prepared to win.

What we see repeatedly with clients booked at the Faulkner County Detention Center on stolen firearm charges is that the first offer from the prosecutor’s office is rarely the final one.

Once we lay out the weaknesses in the state’s knowledge element, we routinely see room open up for a reduced charge or a diversion program that keeps our client’s record clean.

Courts That Handle Stolen Firearm Charges in Conway

Your case moves through one of two courts depending on how the charge is classified:

• Conway District Court (810 Parkway St): Handles arraignments, bond hearings, and misdemeanor proceedings.
• Faulkner County Circuit Court (801 Locust St): The venue for all felony trials and jury proceedings.

We practice in both courts regularly and are familiar with the local prosecutors and judicial tendencies that affect outcomes.

What a Stolen Firearms Defense Attorney Costs in Conway

We handle most stolen firearms cases on a flat fee, meaning you know the total cost of your defense before we begin.

The amount depends on how the case is charged and whether it resolves through negotiation or proceeds to trial. We offer payment plans to ensure cost is never the barrier between you and qualified representation.

Why Hire Us for Stolen Firearms Defense in Conway

We focus our criminal defense practice in Faulkner County, and stolen firearm cases are a core part of what we do. You work directly with your attorney from the first call through final resolution, not a paralegal or case manager.

We are available around the clock for urgent situations, our billing is transparent and predictable, and every case we accept receives the same level of preparation regardless of how it ultimately resolves.

Stolen Firearms Defense FAQ

Can You Beat a Stolen Gun Charge in Arkansas?

Yes. The most direct paths to dismissal or acquittal are challenging the prosecution’s ability to prove knowledge and moving to suppress any evidence obtained through an unlawful search.

Does Arkansas Require Proof You Knew the Firearm Was Stolen?

Yes. Arkansas Code § 5-36-106 requires the state to establish that you knew or had substantial reason to believe the gun was stolen. Without that element, the charge does not stand.

What Happens to a First-Time Stolen Firearm Offender in Arkansas?

First-time offenders frequently qualify for alternatives to incarceration, including probation, suspended sentences, pretrial diversion, or Act 346 first-offender treatment, which can result in the charge being dismissed and the record sealed.

What If the Firearm Was in My Car but Did Not Belong to Me?

Proximity alone is not proof of possession. The state must produce evidence specifically connecting the gun to you, not just your presence in the same vehicle or space.

Can Police Search My Car Without a Warrant in Conway?

Officers may only search without a warrant if you consent, if they have probable cause, or if a recognized legal exception applies. An unlawful search gives us grounds to suppress the firearm entirely.

Does a Felony Stolen Firearm Conviction Permanently Remove Gun Rights?

Yes. Under both Arkansas and federal law, any felony conviction results in a permanent, lifetime prohibition on owning or possessing firearms, with no automatic path to restoration.

Is a Stolen Firearm Conviction Eligible for Expungement in Arkansas?

Certain convictions may be sealed after completing the full sentence, but felony weapons offenses carry significantly stricter eligibility requirements. Whether you qualify depends on the specific charge and your complete criminal history.

How Quickly Can You Help After an Arrest at Faulkner County Detention Center?

We are available 24 hours a day, 7 days a week. Contact our law firm the moment you or a family member is arrested, and we will begin working on bond and your defense strategy right away.