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5-73-103. Possession of firearms by certain persons.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-73-103. Possession of firearms by certain persons.
(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; or
(C) 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 convict
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-73-103
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8e49f6c2a4d042caa070c50fa741b8746a71cc846fae3f15ffbec89b203b4570
Source location: content.xml paragraph 29777
Stored source content
5-73-103. Possession of firearms by certain persons.
(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; or
(C) 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-301. Definitions.
As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-93-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-98-303. Drug court programs authorized.
(a)(1) Each judicial district of this state is authorized to establish a drug court program under this subchapter.
(2) A drug court established under this subchapter shall be approved under § 16-10-139.
(3)(A) A drug court program may be preadjudication or post-adjudication for an adult offender or a juvenile offender.
(B) A juvenile drug court program or services may be used in a delinquency case or a family in need of services case.
(C) A juvenile drug court program or services may be used in a dependency-neglect case under § 9-27-334.
(4) Notwithstanding the authorization described in subdivision (a)(1) of this section, a judge of a circuit court, drug court, or juvenile division of circuit court may not order any services or treatment under subsection (b) of this section or § 16-98-305 unless:
(A) An administrative and programmatic appropriation has been made for those purposes;
(B) Administrative and programmatic funding is available for those purposes; and
(C) Administrative and programmatic positions have been authorized for those purposes.
(5) As determined by the Division of Community Correction, an adult drug court program established under this section shall target high-risk offenders and medium-risk offenders.
(b)(1) A drug court program shall incorporate services from the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts.
(2) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, and subject to the requirements of eligibility as defined in § 16-93-1202, the Division of Community Correction:
(A) Shall:
(i) Establish standards regarding the classification of a drug court program p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-98-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-98-303. This identifies an authority to review, not proof of applicability.