Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: H2/6/23 H3/16/23 H3/27/23 H4/3/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1013 3
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By: Representatives V. Flowers, F. Allen, Crawford, Duffield, K. Ferguson, Hudson, Milligan, Nicks, J. 5
Richardson, Scott, Tosh, Vaught, Watson, L. Johnson 6
By: Senators G. Stubblefield, Caldwell, A. Clark, Gilmore, Hester, Irvin, G. Leding, M. McKee, R. 7
Murdock 8
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For An Act To Be Entitled 10
AN ACT TO ESTABLISH A PATH TO RESTORATIO N OF THE 11
RIGHT TO POSSESS A F IREARM UNDER STATE L AW AFTER A 12
FIVE (5) YEAR PERIOD HAS PASSED SINCE A P ERSON 13
CONVICTED OF CERTAIN NONVIOLENT FELONIES HAS 14
COMPLETED HIS OR HER SENTENCE; AND FOR OT HER 15
PURPOSES. 16
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Subtitle 19
TO ESTABLISH A PATH TO RESTORATION OF THE 20
RIGHT TO POSSESS A FIREARM. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
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SECTION 1. DO NOT CODIFY. LEGISLATIVE INTENT. 28
(a)(1) One (1) in three (3) United States adults, or seventy nine 29
million (79,000,000) adults holds a criminal record. 30
(2) Approximately twenty four percent (24%) of them, or 31
approximately nineteen million (19,000,000), have been convicted of a felony, 32
and ten percent (10%) of them, or approximately seven million seven hundred 33
thousand (7,700,000), have been imprisoned at least once in their lifetimes. 34
(b) Both federal and Arkansas law prohibit the purchase or possession 35
of a firearm by a per son who has been convicted of a felony. 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 H4/3/23 HB1013
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(c)(1) Tens of thousands of Arkansans who have committed nonviolent 1
felonies have not only paid their debts to society but have since lived law -2
abiding lives for over a decade. 3
(2) Yet, those Arkansans are proh ibited from purchasing and 4
possessing a firearm to hunt, to protect their businesses, and to protect 5
their families. 6
(d) Criminologists studying recidivism have found that felons usually 7
have to stay out of trouble for about a decade before their risk of 8
committing a crime equals that of other people with no criminal record. 9
(e)(1) Twenty-four (24) states provide nonviolent felons a pathway to 10
restore their right to purchase and possess a firearm. 11
(2) In five (5) states, some nonviolent felons never lose their 12
rights, while other states establish time frames for automatic restoration, 13
and still others provide processes through the courts, boards, commissions, 14
and other administrative avenues. 15
(f) With sparse research data available, an April 2008 r eport by the 16
Washington State Sentencing Guidelines Commission suggests that offenders 17
with restored gun rights in Washington state are roughly five (5) times less 18
likely to recidivate than other offenders. 19
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SECTION 2. Arkansas Code § 5 -73-103(a) and (b), concerning the offense 21
of possession of a firearm by certain persons, are amended to read as 22
follows: 23
(a) Except as provided in subsection (d) of this section or unless 24
authorized by and subject to such conditions as prescribed by the Governor , 25
or his or her designee, or the United States Bureau of Alcohol, Tobacco, 26
Firearms, and Explosives, or other bureau or office designated by the United 27
States Department of Justice, no a person shall not possess or own any a 28
firearm who if he or she has been: 29
(1) Convicted of a felony; 30
(2) Adjudicated mentally ill; or 31
(3) Committed involuntarily to any a mental institution. 32
(b)(1) Except as provided in subdivisions (b)(2) and (3) of this 33
section, a determination by a jury or a court that a person comm itted a 34
felony constitutes a conviction for purposes of subsection (a) of this 35
section even though the court suspended imposition of sentence or placed the 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 H4/3/23 HB1013
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defendant on probation. 1
(2) Subdivision (b)(1) of this section does not apply to a 2
person whose case was dismissed and expunged under § 16 -93-301 et seq. or § 3
16-98-303(g). 4
(3) The determination by the jury or court that the person 5
committed a felony does not constitute a conviction for purposes of 6
subsection (a) of this section if the person is subsequently granted a pardon 7
explicitly restoring the ability to possess a fire arm or if the conviction is 8
sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16 -90-9
1401 et seq. 10
SECTION 2. Arkansas Code § 5-73-309(5), concerning licensing 11
requirements for a license to carry a concealed handgun, is amended to read 12
as follows: 13
(5) Has not been convicted of a felony in a court of this state, 14
of any other state, or of the United States unless: 15
(A) The applicant is subsequently granted a pardon by the 16
Governor or the President of the United States explicitly rest oring his or 17
her ability to possess a firearm; 18
(B) The applicant was sentenced prior to March 13, 1995, 19
and the record of conviction has been sealed or expunged under Arkansas law; 20
or 21
(C) The applicant's offense was dismissed and sealed or 22
expunged under the Comprehensive Criminal Record Sealing Act of 2013, § 16 -23
90-1401 et seq., § 16-93-301 et seq., or § 16-98-303(g); 24
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SECTION 3. Arkansas Code § 16 -90-1414, concerning the uniform petition 26
and uniform order to seal records, is amended to read as follows: 27
(a)(1) The Arkansas Crime Information Center shall adopt and provide 28
the following to be used by a petitioner and any circuit court or district 29
court in this state: 30
(A) A uniform petition to seal records that includes an 31
option to petition for the restoration of the right to possess a firearm; and 32
(B) A uniform order to seal records that includes an 33
option for the court to restore the right to possess a firearm . 34
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36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 H4/3/23 HB1013
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SECTION 4. Arkansas Code § 16 -90-1417(a)(3), concerning effect of 1
sealing, is amended to read as follows: 2
(3) The effect of this subchapter does not reconfer the right to 3
carry possess a firearm if that right was removed as the result of a felony 4
conviction, unless: 5
(A) A uniform petition is filed under § 16 -90-1420; and 6
(B) The uniform order specifically restores the right to 7
possess a firearm. 8
9
SECTION 5. Arkansas Code Title 16, Chapter 90, Subchapter 14, is 10
amended to add a new section as follows: 11
16-90-1420. Restoration of the right to possess a firearm. 12
(a)(1) Unless otherwise prohibited under this subchapter, a person may 13
file a uniform petition under this section five (5) years or more after the 14
completion of the person's sentence for any felony that is not listed below 15
or contained in the following ch apters or subchapters: 16
(A) Homicide, § 5-10-101 et seq.; 17
(B) Kidnapping and related offenses, § 5 -11-101 et seq.; 18
(C) Robbery, § 5-12-101 et seq.; 19
(D) Assault and battery, § 5 -13-101 et seq.; 20
(E) Sexual offenses, § 5 -14-101 et seq.; 21
(F) Voyeurism offenses, § 5 -16-101 et seq.; 22
(G) Death threats, § 5 -17-101 et seq.; 23
(H) The Human Trafficking Act of 2013, § 5 -18-101 et seq.; 24
(I) Domestic battering and assault, § 5 -26-301 et seq.; 25
(J) Custody and visitation, § 5 -26-501 et seq.; 26
(K) The Arkansas Protection of Children Against 27
Exploitation Act of 1979, § 5 -27-301 et seq.; 28
(L) Exposing a child to a chemical substance or 29
methamphetamine, § 5 -27-230; 30
(M) Use of children in sexual performances, § 5 -27-401 et 31
seq.; 32
(N) Computer crimes against minors, § 5 -27-601 et seq.; 33
(O) Abuse of adults, § 5 -28-101 et seq.; 34
(P) Damage or destruction of property, § 5 -38-101 et seq.; 35
(Q) Causing a catastrophe, § 5 -38-202; 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 H4/3/23 HB1013
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(R) Arson, § 5-38-301; 1
(S) Residential burglary, § 5-39-201; 2
(T) Aggravated residential burglary, § 5 -39-204; 3
(U) Treason, § 5-51-201; 4
(V) First degree escape, § 5 -54-110, second degree escape, 5
§ 5-54-111, third degree escape, § 5 -54-112, and permitting escape in the 6
first degree, § 5-54-113; 7
(W) Fleeing, § 5-54-125; 8
(X) Killing or injuring animals used by law enforcement or 9
search and rescue dogs, § 5 -54-126; 10
(Y) Terrorism, § 5-54-201 et seq.; 11
(Z) Animals, § 5-62-101 et seq.; 12
(AA) Trafficking a controlled substance, § 5-64-440; 13
(BB) Aggravated riot, § 5 -71-202; 14
(CC) Stalking, § 5-71-229; 15
(DD) Weapons, § 5-73-101 et seq.; 16
(EE) The Arkansas Criminal Gang, Organization, or 17
Enterprise Act, § 5-74-101 et seq.; 18
(FF) A felony that requires a person to register as a sex 19
offender under the Sex Offender Registration Act of 1997, § 12 -12-901 et 20
seq.; 21
(GG) A serious felony involving violence as defined in § 22
5-4-501(c)(2) or a felony involving violence as defined in § 5-4-501(d)(2); 23
(HH) An attempt, solicitation, or conspiracy to commit any 24
of the felonies listed in subdivisions (a)(1) -(33) of this section, if the 25
attempt, solicitation, or conspiracy itself is a felony; or 26
(II) A felony traffic offense com mitted in any type of 27
motor vehicle if the person was a holder of a commercial learner's permit or 28
commercial driver's license at the time the felony traffic offense was 29
committed." 30
(2) If an order of protection was entered in a proceeding 31
against the person filing a uniform petition under this section and the order 32
of protection remains in effect at the time of the uniform petition, the 33
person is not eligible to file a uniform petition under this section. 34
(b) A uniform petition under this section sha ll include a statement 35
verified under oath indicating whether the person has felony charges pending 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 H4/3/23 HB1013
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in any state or federal court and the status of the pending felony charges, 1
whether the person is required to register as a sex offender under the Sex 2
Offender 3
Registration Act of 1997, § 12 -12-901 et seq., and whether the person is 4
currently subject to an order of protection in this state or a similar order 5
in any other state. 6
(c)(1)(A) A copy of a uniform petition filed under this section shall 7
be served upon the prosecuting attorney for the county in which the uniform 8
petition is filed and the arresting agency, if the arresting agency is a 9
named party, within three (3) days of the filing of the uniform petition. 10
(B) It is not necessary to make the a rresting agency a 11
party to the action under this section. 12
(C)(i) If the felony conviction the petitioner is seeking 13
to have sealed is for a violent offense or a sex offense, the prosecuting 14
attorney shall notify the victim of the violent offense or sex offense or his 15
or her next of kin at the last known address and telephone number of the 16
victim or his or her next of kin if the victim requested notification of a 17
proceeding under this subchapter. 18
(ii) It is the responsibility of the victim or his 19
or her next of kin to notify the prosecuting attorney of any change in his or 20
her: 21
(a) Address or phone number; or 22
(b) Desire to be notified of any proceeding 23
under this section in the future. 24
(2)(A) The prosecuting attorney may file a notic e opposing a 25
uniform petition filed under this section with the court, stating the 26
reasons, without limitation, for the opposition of the uniform petition. 27
(B) A court may not sign a uniform order granting relief 28
without a hearing and may not grant th e uniform petition filed under this 29
section until thirty (30) days have passed since the uniform petition was 30
served on the prosecuting attorney. 31
(C) The prosecuting attorney shall file a response to a 32
uniform petition filed under this section notifyin g the court when a uniform 33
petition is filed by a person who used a firearm during the commission of the 34
felony that led to the felony conviction if the felony conviction was: 35
(i) A conviction for a nonviolent offense; and 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 H4/3/23 HB1013
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(ii) The result of a pl ea bargain. 1
(3)(A) The uniform petition may be granted if the court finds by 2
clear and convincing evidence that doing so would further the interests of 3
justice, considering, without limitation, the following factors: 4
(i) Whether the person appears likely to reoffend; 5
(ii) The person's other criminal history; 6
(iii) The existence of any pending charges or 7
criminal investigations involving the person; 8
(iv) Input from the victim of the offense for which 9
the person was convicted, if applic able; and 10
(v) Any other information provided by the state that 11
would cause a reasonable person to consider the person a further threat to 12
society. 13
(B) If the circuit court finds under subdivision (c)(3)(A) 14
of this section that the uniform petition should be granted, the person's 15
felony conviction shall be sealed and the right to lawfully possess a firearm 16
shall be fully restored. 17
(C)(i) An appeal of the grant or denial of the uniform 18
petition may be taken by either party. 19
(ii) An appeal from the circuit court shall be taken 20
as provided by Supreme Court rule, and the appellate court shall review the 21
case using an abuse of discretion standard. 22
(d) Unless otherwise provided in this section, the remaining 23
provisions of this subchapter apply to a uniform petition filed under this 24
section and a uniform order entered under this section. 25
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/s/V. Flowers 27
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