Can I purchase a handgun in the state of Arkansas if i have one DWI on my record ?

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Can I purchase a handgun in the state of Arkansas if i have one DWI on my record ?

Asked on June 22, 2009 under Criminal Law, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, in most states, if you have been convicted of a felony, you are precluded from purchasing a handgun.

See below and then consult with your public defender or private criminal defense attorney about possibilities for you.  Try www.attorneypages.com and check his or her record at the Arkansas State Bar.

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 Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice, 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)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)However, 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.



IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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