Weapon & Gun Defense Lawyer
Weapon and gun offenses are serious crimes. Before you carry a weapon, you should understand the state and local laws. In the State of Arkansas, it is not a crime to possess a weapon, and concealed and unconcealed weapons are permitted without a license. However, if you didn’t read the law closely enough and were charged with a weapon or gun crime, schedule a FREE consultation with Stuart Cearley to find out what your options are and what you should do next.
What is a Weapon/Gun Offense?
Guns and other weapon offenses are committed when a person is carrying a weapon on his or her person, in a vehicle occupied by the offender, or otherwise readily available with the intent to unlawfully employ the weapon against another person. “Weapons” as defined above include handguns, bladed hand instruments, or any other instruments that are specifically made, designed, or adapted for the purpose of inflicting physical injury or death by striking.
Gun Laws in Arkansas
Although some firearms are required to be registered under Federal Law and Secretary of State, Arkansas gun laws do not require registration of shotguns, rifles, or handguns. Likewise, the state of Arkansas does not require a state permit to purchase firearms, as long as the buyer is at least 18 years of age and has a state driver’s license or ID and has not been convicted of a felony or found to be mentally ill. The federal law varies from the Arkansas law and permits licensed dealers to sell to individuals who are at least 21 years of age, and they must conduct a background check. Private sellers are not required to conduct background checks and can sell to individuals 18 years of age and older.
Arkansas law has more comprehensive rules and regulations when it comes to possession of a firearm. Arkansas law has declared that it is unlawful to possess or own a firearm if you have been convicted of a felony, adjudicated mentally ill, or committed involuntarily to any mental institution. The governor may restore the right to own a firearm to a convicted felon or an adjudicated delinquent upon recommendation of the chief law enforcement officer so long as the felony or delinquency adjudication occurred more than 8 years ago and did not involve a firearm.
Federal Gun Laws
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Knowingly selling or otherwise disposing of a firearm or ammunition to a person who is prohibited to be in possession is punishable by up to 10 years imprisonment.
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Possessing a firearm in relation to or in furtherance of a federal crime of violence or drug felony is punishable by imprisonment ranging from 5 years to life without parole, including a death sentence if use of the firearm results in a death.
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Stealing a firearm, ammunition, or explosive is punishable by up to 10 years imprisonment.
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Firearm use or possession in a school zone, except for as authorized, is punishable by up to 5 years imprisonment.
Weapons Charges in the State of Arkansas
Weapons charges can vary depending on the type of crime that has been committed and can range from misdemeanor to felony crime charges. The law is complex and without the proper legal representation you could lose your right to possess firearms, face jailtime, fines, and probation. Having an experienced and capable lawyer is critical in helping you to navigate the legal process and to mount the strongest possible defense.
Firearm Weapons Charge Sentencing
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Class D Felony – Up to six years in prison, and fines up to $10,000.
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Class C Felony – Three to 10 years in prison, and fines reaching $10,000.
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Class B Felony – Five to 20 years in prison, and fines up to $15,000.
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Class A Felony – Six to 30 years in prison and fines up to $15,000.
Sentencing for minor firearms offenses can be categorized as a class A, B, or C misdemeanors and punishable by up to one year of jailtime and fines up to $2,500.
Types of Criminal Guns and Weapons Charges in Arkansas
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Defacing a Firearm - Class D Felony – remove and deface manufacturer’s serial number or identification mark.
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Possession of a Defaced Firearm - Class D Felony – possession of firearm with remove and deface manufacturer’s serial number or identification mark. Class A misdemeanor if serial number or mark is covered or obstructed and can be retrieved.
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Furnishing a deadly weapon to a minor - Class B Felony – The sale, barter, lease, gifting, or furnishing a firearm or deadly weapon to a minor without the consent of their parent or guardian.
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Criminal acts involving explosives - Class B Felony – The sale, possession, manufacturing, transfer, distribution, or transportation of explosive materials or a destructive device, with the intent of a criminal act. Class A misdemeanor - The improper storage of explosive materials.
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Carrying a Weapon - Class A Misdemeanor – The carrying of a handgun, knife, or club on your person or in your vehicle, or otherwise where it is readily available with the intent to use it unlawfully against another person.
Guns and Firearm Defense Strategies in Arkansas
At Cearley Law Group, we will thoroughly investigate your situation and work to create a well-structured and solid gun defense case. Defenses and strategies utilized may include mistaken identity, self-defense or defense of others, illegal search and seizure, lack of possession, insufficient evidence, lack of intent and or illegal traffic stop. With our expertise and legal prowess, you will feel confident that whatever tact we take, it will derive the best possible outcomes for you and will ensure the protection your constitutional rights.
Having your life permanently affected by a pleading guilty or receiving a guilty verdict can have major consequences. It can affect your ability to get employment, housing, keep or acquire professional licensures, affect custody, eliminate voting rights, and lose the right to own or possess firearms. The impacts are far reaching, which is why it is imperative that you seek strong and capable legal counsel to help you deal with the charges at hand. Cearley Law Group can guide you through this path, investigate all angles of your situation and provide the best defense possible to ensure you receive the representation you deserve.
