Can a covicted felon in ARKansas get his gun rights restored?

Answer 1

Following are the STATE OF Arkansas requirement for getting your STATE felony record expunged. If you are successful at this you can petition to have your firearms rights restored. HOWEVER - if you are a FEDERAL convicted felon you will be unable to get your gun rights restored. (see bottom of page)

(1) Pardoned criminals, with the exception of those pardoned for offenses against minors, offenses resulting in death or serious injury, and sex offenses.
(2) First offenders in many criminal, driving, and controlled substance cases who successfully complete terms of probation.
(3) Minors pardoned for offenses committed while under 16 years of age.
(4) A person who is convicted of a nonviolent felony committed while the person was under the age of eighteen.

(5) A person who successfully completes probation or a commitment to the Department of Correction with judicial transfer to the Department of Community Correction for certain offenses eligible for community punishment placement, and meets the following conditions:
(5A) was under the age of twenty-six (26) years at the time of the commission of the felony offense and had no more than one (1) previous felony conviction and that the previous felony was other than a conviction for a capital offense, or murder in the first degree, murder in the second degree, first degree rape, kidnapping, or aggravated robbery; or
(5B) was over the age of eighteen (18) years of age and does not have a previous conviction for the offense of delivering controlled substances to a minor
(5C) has no prior felony convictions. .

(6) Any individual who has been charged and arrested for any criminal offense where the charges are subsequently nolle prossed or dismissed, or the individual is acquitted at trial.

CAUTION: If you were convicted in FEDERAL Court of a FEDERAL FELONY regardless of what your state may do, it will not matter. It is a felony offense for any federally convicted felon to ever own or possess a firearm (including black powder arms). The U.S. Criminal Code, makes the penalty for the illegal possession of a firearm (including black powder weapons) a mandatory minimum of fifteen (15) years in prison, in some cases (Title 18 U.S.C. sec 924(e)(1). At this time FEDERALLY convicted felons have no solution to their firearm disqualification. Congress has continually denied funds this purpose, thereby effectively eliminating the review of federal felons' petitions for restoration of their firearms privileges.

Answer 2

No person convicted or adjudicated guilty of a felony (including suspended sentences and probation) may possess or own any firearm unless: 1) the person’s conviction is dismissed and expunged under § 16-93-301 et seq. (first offender) or § 16-98-303(g) (drug court) (see infra Part II B); 2) the person is granted a pardon expressly restoring the ability to possess a firearm; or 3) the governor accepts the recommendation of the chief law enforcement officer in the person’s residence to “restore” the ability to possess a firearm (available only if the underlying felony or adjudication did not involve a weapon and occurred more than 8 years ago). See Ark Code. Ann. § 5-73-103; see also Irvin v. State, 784 S.W.2d 763 (Ark. 1990) (under prior version of statute that made expungement mandatory, no prior conviction for purposes of statute despite fact that state officer had not completed ministerial duties necessary for expungement) .

Answer 3

No distinction is made in the section of USC18 which prohibits felons from owning or possessing firearms between violent and non-violent offenders. If the conviction was for something which was a felony under state law, but under federal law, relief of disability is possible. If it's something defined as a felony under federal law, well, wish in one hand...

Answer 4

The general answer is, no. A convicted felon cannot legally purchase a handgun in any state.