# Ark. Code Ann. § 5-73-103: Possession of firearms by certain persons > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-103 ## Section - **Citation:** Ark. Code Ann. § 5-73-103 - **Heading:** Possession of firearms by certain persons - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-103 ## Text (a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (1) Convicted of a felony; (2) Adjudicated mentally ill; or (3) Committed involuntarily to any mental institution. (b) (1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation. (2) Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under § 16-93-301 et seq. or § 16-98-303(g) . (3) The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm. (c) (1) A person who violates this section commits a Class B felony if: (A) The person has a prior violent felony conviction; (B) The person's current possession of a firearm involves the commission of another crime; (C) The person has a prior felony conviction for an offense that had as an element of the offense the use or possession of a deadly weapon; or (D) The person has been previously convicted under this section or a similar provision from another jurisdiction. (2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section. (3) Otherwise, the person commits a Class A misdemeanor. (d) The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication: (1) Did not involve the use of a weapon; and (2) Occurred more than eight (8) years ago. (e) As used in this section, "felony" means any state or federal felony, excluding a federal or state felony offense for which the person convicted has completed his or her sentence and pertaining to: (1) An antitrust violation; (2) An unfair trade practice; (3) Restraint of trade; or (4) Another offense relating to the regulation of business practices. Amended by Act 2023, No. 659,§ 48, eff. 1/1/2024. Amended by Act 2021, No. 631,§ 2, eff. 7/28/2021. Acts 1975, No. 280, § 3103; 1977, No. 360, § 18; A.S.A. 1947, § 41-3103; Acts 1987, No. 74, § 1; 1994 (2nd Ex. Sess.), No. 63, § 1; 1995, No. 595, § 1; 1995, No. 1325, § 1; 2001, No. 1429, § 1; 2009, No. 1491, § 1. (a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (1) Convicted of a felony; (2) Adjudicated mentally ill; or (3) Committed involuntarily to any mental institution. (1) Convicted of a felony; (2) Adjudicated mentally ill; or (3) Committed involuntarily to any mental institution. co, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (1) Convicted of a felony; (2) Adjudicated mentally ill; or (3) Committed involuntarily to any mental institution. (1) Convicted of a felony; (2) Adjudicated mentally ill; or (3) Committed involuntarily to any mental institution. (b) (1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation. (2) Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under § 16-93-301 et seq. or § 16-98-303(g) . (3) The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm. (1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation. (2) Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under § 16-93-301 et seq. or § 16-98-303(g) . (3) The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm. (c) (1) A person who violates this section commits a Class B felony if: (A) The person has a prior violent felony conviction; (B) The person's current possession of a firearm involves the commission of another crime; (C) The person has a prior felony conviction for an offense that had as an element of the offense the use or possession of a deadly weapon; or (D) The person has been previously convicted under this section or a similar provision from another jurisdiction. (2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section. (3) Otherwise, the person commits a Class A misdemeanor. (1) A person who violates this section commits a Class B felony if: (A) The person has a prior violent felony conviction; (B) The person's current possession of a firearm involves the commission of another crime; (C) The person has a prior felony conviction for an offense that had as an element of the offense the use or possession of a deadly weapon; or (D) The person has been previously convicted under this section or a similar provision from another jurisdiction. (A) The person has a prior violent felony conviction; (B) The person's current possession of a firearm involves the commission of another crime; (C) The person has a prior felony conviction for an offense that had as an element of the offense the use or possession of a deadly weapon; or (D) The person has been previously convicted under this section or a similar provision from another jurisdiction. (2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section. (3) Otherwise, the person commits a Class A misdemeanor. rson has been previously convicted under this section or a similar provision from another jurisdiction. (2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section. (3) Otherwise, the person commits a Class A misdemeanor. (d) The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication: (1) Did not involve the use of a weapon; and (2) Occurred more than eight (8) years ago. (1) Did not involve the use of a weapon; and (2) Occurred more than eight (8) years ago. (e) As used in this section, "felony" means any state or federal felony, excluding a federal or state felony offense for which the person convicted has completed his or her sentence and pertaining to: (1) An antitrust violation; (2) An unfair trade practice; (3) Restraint of trade; or (4) Another offense relating to the regulation of business practices. (1) An antitrust violation; (2) An unfair trade practice; (3) Restraint of trade; or (4) Another offense relating to the regulation of business practices. Amended by Act 2023, No. 659,§ 48, eff. 1/1/2024. Amended by Act 2021, No. 631,§ 2, eff. 7/28/2021. Acts 1975, No. 280, § 3103; 1977, No. 360, § 18; A.S.A. 1947, § 41-3103; Acts 1987, No. 74, § 1; 1994 (2nd Ex. Sess.), No. 63, § 1; 1995, No. 595, § 1; 1995, No. 1325, § 1; 2001, No. 1429, § 1; 2009, No. 1491, § 1. ## Nearby sections - [Ark. Code Ann. § 5-73-101 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-101.md) - [Ark. Code Ann. § 5-73-102 Possessing instrument of crime](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-102.md) - [Ark. Code Ann. § 5-73-103 Possession of firearms by certain persons](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-103.md) - [Ark. Code Ann. § 5-73-104 Criminal use of prohibited weapons](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-104.md) - [Ark. Code Ann. § 5-73-105 Legitimate manufacture, repair, and transportation of prohibited weapons](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-105.md) - [Ark. Code Ann. § 5-73-106 Defacing a firearm](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-106.md) - [Ark. Code Ann. § 5-73-107 Possession of a defaced firearm](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-107.md) - [Ark. Code Ann. § 5-73-108 Criminal acts involving explosives](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-108.md) - [Ark. Code Ann. § 5-73-109 Furnishing a deadly weapon to a minor](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-109.md) - [Ark. Code Ann. § 5-73-110 Disarming minors and mentally defective or mentally irresponsible persons - Disposition of property seized](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-110.md) - [Ark. Code Ann. § 5-73-111 Unlawful procurement of a firearm](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-111.md) - [Ark. Code Ann. § 5-73-112 Certification by a chief law enforcement officer regarding receipt or manufacture of a firearm](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-112.md) - [Ark. Code Ann. § 5-73-119 Handguns - Possession by minor or possession on school property](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-119.md) - [Ark. Code Ann. § 5-73-120 Carrying a weapon](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-120.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C73_S1_S5-73-103. 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