Arkansas 2025 Regular Session

Arkansas House Bill HB1057 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	CEB029 11/20/2024 10:53:20 AM CEB029
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1057 3
6	6	4
7	7	By: Representative R. Scott Richardson 5
8	8	6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND THE LAW CONCERNING POSSESSION OF A 9
12	12	FIREARM BY CERTAIN PERSONS; TO PERMIT THE RESTORATION 10
13	13	OF THE RIGHT TO POSSESS A FIREARM TO A NONVIOLENT 11
14	14	FELON; AND FOR OTHER PURPOSES. 12
15	15	13
16	16	14
17	17	Subtitle 15
18	18	TO AMEND THE LAW CONCERNING POSSESSION 16
19	19	OF A FIREARM BY CERTAIN PERSONS; AND TO 17
20	20	PERMIT THE RESTORATION OF THE RIGHT TO 18
21	21	POSSESS A FIREARM TO A NONVIOLENT FELON. 19
22	22	20
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
24	24	22
25	25	SECTION 1. Arkansas Code § 5 -73-103 is amended to read as follows: 23
26	26	5-73-103. Possession of firearms by certain persons. 24
27	27	(a) Except as provided in subsection (d) of this section or unless 25
28	28	authorized by and subject to such conditions as prescribed by the Governor, 26
29	29	or his or her designee, or the United States Bureau of Alcohol, Tobacco, 27
30	30	Firearms, and Explosives, or other bureau or office designated by the United 28
31	31	States Department of Justice, no person shall possess or own any a firearm 29
32	32	who has been: 30
33	33	(1) Convicted of a felony , with the exception of: 31
34	34	(A) An antitrust violation; 32
35	35	(B) An unfair trade practice; 33
36	36	(C) Restraint of trade; or 34
37	37	(D) Another offense relating to the regulation of business 35
38	38	practices; 36 HB1057
39	39
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41	41	(2) Adjudicated mentally ill; or 1
42	42	(3) Committed involuntarily to any a mental institution. 2
43	43	(b)(1) Except as provided in subdivisions (b)(2) and (3) of this 3
44	44	section, a determination by a jury or a court that a person committed a 4
45	45	felony constitutes a conviction for purposes of subsection (a) of this 5
46	46	section even though the court suspended imposition of sentence or placed the 6
47	47	defendant on probation. 7
48	48	(2) Subdivision (b)(1) of this section does not apply to a 8
49	49	person whose case was dismissed and expunged under § 16 -93-301 et seq. or § 9
50	50	16-98-303(g). 10
51	51	(3) The determination by the jury or court that the person 11
52	52	committed a felony does not constitute a conviction for purposes of 12
53	53	subsection (a) of this section if the person is subsequently granted a pardon 13
54	54	explicitly restoring the ability to possess a firearm. 14
55	55	(c)(1) A person who violates this section commits a Class B felony if: 15
56	56	(A) The person has a prior violent felony conviction; 16
57	57	(B) The person's current possession of a firearm involves 17
58	58	the commission of another crime; 18
59	59	(C) The person has a prior felony conviction for an 19
60	60	offense that had as an element of the offense the use or possession of a 20
61	61	deadly weapon; or 21
62	62	(D) The person has been previously convicted under this 22
63	63	section or a similar provision from another jurisdiction. 23
64	64	(2) A person who violates this section commits a Class D felony 24
65	65	if he or she has been previously convicted of a felony and his or her present 25
66	66	conduct or the prior felony conviction does not fall within subdivision 26
67	67	(c)(1) of this section. 27
68	68	(3) Otherwise, the person commits a Class A misdemeanor. 28
69	69	(d) The Governor may restore without granting a pardon the right of a 29
70	70	convicted felon or an adjudicated delinquent to own and possess a firearm 30
71	71	upon the recommendation of the chief law enforcement officer in the 31
72	72	jurisdiction in which the person resides, so long as the underlying felony or 32
73	73	delinquency adjudication: The right of a convicted felon or an adjudicated 33
74	74	delinquent to own and possess a firearm shall be automatically restored by 34
75	75	the Department of Public Safety, if: 35
76	76	(1) Did The underlying felony or delinquency adjudication did 36 HB1057
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79	79	not involve the use of a weapon violence and involved any felony that is not 1
80	80	listed below or contained in the following chapters or subchapters ; and: 2
81	81	(A) Homicide, § 5-10-101 et seq.; 3
82	82	(B) Kidnapping and related offenses, § 5 -11-101 et seq.; 4
83	83	(C) Robbery, § 5-12-101 et seq.; 5
84	84	(D) Assault and battery, § 5 -13-101 et seq.; 6
85	85	(E) Sexual offenses, § 5 -14-101 et seq.; 7
86	86	(F) Voyeurism offenses, § 5 -16-101 et seq.; 8
87	87	(G) Death threats, § 5 -17-101 et seq.; 9
88	88	(H) The Human Trafficking Act of 2013, § 5 -18-101 et seq.; 10
89	89	(I) Domestic battering and assault, § 5 -26-301 et seq.; 11
90	90	(J) Custody and visitation, § 5 -26-501 et seq.; 12
91	91	(K) The Arkansas Protection of Children Against 13
92	92	Exploitation Act of 1979, § 5 -27-301 et seq.; 14
93	93	(L) Exposing a child to a chemical substance or 15
94	94	methamphetamine, § 5 -27-230; 16
95	95	(M) Use of children in sexual performances, § 5 -27-401 et 17
96	96	seq.; 18
97	97	(N) Computer crimes against minors, § 5 -27-601 et seq.; 19
98	98	(O) Abuse of adults, § 5 -28-101 et seq.; 20
99	99	(P) Damage or destruction of property, § 5 -38-101 et seq.; 21
100	100	(Q) Causing a catastrophe, § 5 -38-202; 22
101	101	(R) Arson, § 5-38-301; 23
102	102	(S) Residential burglary, § 5 -39-201; 24
103	103	(T) Aggravated residential burglary, § 5 -39-204; 25
104	104	(U) Treason, § 5-51-201; 26
105	105	(V) First degree escape, § 5 -54-110, second degree escape, 27
106	106	§ 5-54-111, third degree escape, § 5 -54-112, and permitting escape in the 28
107	107	first degree, § 5-54-113; 29
108	108	(W) Fleeing, § 5-54-125; 30
109	109	(X) Killing or injuring animals used by law enforcement or 31
110	110	search and rescue dogs, § 5 -54-126; 32
111	111	(Y) Terrorism, § 5-54-201 et seq.; 33
112	112	(Z) Animals, § 5-62-101 et seq.; 34
113	113	(AA) Trafficking a controlled substance, § 5 -64-440; 35
114	114	(BB) Aggravated riot, § 5 -71-202; 36 HB1057
115	115
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117	117	(CC) Stalking, § 5-71-229; 1
118	118	(DD) Weapons, § 5-73-101 et seq.; 2
119	119	(EE) The Arkansas Criminal Gang, Organization, or 3
120	120	Enterprise Act, § 5-74-101 et seq.; 4
121	121	(FF) A felony that requires a person to register as a sex 5
122	122	offender under the Sex Offender Registration Act of 1997, § 12 -12-901 et 6
123	123	seq.; 7
124	124	(GG) A serious felony involving violence as defined in § 8
125	125	5-4-501(c)(2) or a felony involving violence as defined in § 5 -4-501(d)(2); 9
126	126	(HH) An attempt, solicitation, or conspiracy to commit any 10
127	127	of the felonies listed in subdivisions (d)(1) of this section, if the 11
128	128	attempt, solicitation, or conspiracy itself is a felony; or 12
129	129	(II) A felony traffic offense committed in a motor vehicle 13
130	130	if the person was a holder of a commercial learner's permit or a commercial 14
131	131	driver's license at the time the felony traffic offense was committed. 15
132	132	(2) Occurred The underlying felony or delinquency adjudication 16
133	133	for an offense that would constitute a felony occurred more than eight (8) 17
134	134	ten (10) years ago.; and 18
135	135	(3) The convicted felon or adjudicated delinquent completed the 19
136	136	terms of his or her sentence no less than ten (10) years ago. 20
137	137	(e) As used in this section, “felony” means any state or federal 21
138	138	felony, excluding a federal or state felony offense for which the person 22
139	139	convicted has completed his or her sentence and pertaining to: 23
140	140	(1) An antitrust violation; 24
141	141	(2) An unfair trade practice; 25
142	142	(3) Restraint of trade; or 26
143	143	(4) Another offense relating to the regulation of business 27
144	144	practices. 28
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