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Arkansas General Assembly· HB 1057Recommended for study in the Interim by the Committee on JUDICIARY COMMITTEE- HOUSE

An act TO AMEND THE LAW CONCERNING POSSESSION OF A 10 FIREARM BY CERTAIN PERSONS, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: H2/10/25 H2/18/25 H4/2/25

2 95th General Assembly                   A Bill

3 Regular Session, 2025                                            HOUSE BILL 1057

4

5 By: Representative R. Scott Richardson

6 By: Senator Irvin

7

8                        For An Act To Be Entitled

9              AN ACT TO AMEND THE LAW CONCERNING POSSESSION OF A

10             FIREARM BY CERTAIN PERSONS; TO PERMIT THE RESTORATION

11             OF THE RIGHT TO POSSESS A FIREARM TO A NONVIOLENT

12             FELON; AND FOR OTHER PURPOSES.

13

14

15                                        Subtitle

16                       TO AMEND THE LAW CONCERNING POSSESSION

17                       OF A FIREARM BY CERTAIN PERSONS; AND TO

18                       PERMIT THE RESTORATION OF THE RIGHT TO

19                       POSSESS A FIREARM TO A NONVIOLENT FELON.

20

21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

22

23  SECTION 1. Arkansas Code � 5-73-103 is amended to read as follows:

24  5-73-103. Possession of firearms by certain persons.

25  (a) Except as provided in subsection (d) subsections (d) and (e) of

26 this section or unless authorized by and subject to such conditions as

27 prescribed by the Governor, or his or her designee, or the United States

28 Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other a bureau or

29 office designated by the United States Department of Justice, no person shall

30 possess or own any a firearm who has been:

31             (1) Convicted of a felony, with the exception of:

32                       (A) An antitrust violation;

33                       (B) An unfair trade practice;

34                       (C) Restraint of trade; or

35                       (D) Another offense relating to the regulation of business

36 practices;

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1   (2) Adjudicated mentally ill; or

2   (3) Committed involuntarily to any a mental institution.

3   (b)(1) Except as provided in subdivisions (b)(2) and (3) of this

4 section, a determination by a jury or a court that a person committed a

5 felony constitutes a conviction for purposes of subsection (a) of this

6 section even though the court suspended imposition of sentence or placed the

7 defendant on probation.

8   (2) Subdivision (b)(1) of this section does not apply to a

9 person whose case was dismissed and expunged under � 16-93-301 et seq. or �

10 16-98-303(g).

11  (3) The determination by the jury or court that the person

12 committed a felony does not constitute a conviction for purposes of

13 subsection (a) of this section if the person is subsequently granted a pardon

14 explicitly restoring the ability to possess a firearm.

15  (c)(1) A person who violates this section commits a Class B felony if:

16                    (A) The person has a prior violent felony conviction;

17                    (B) The person's current possession of a firearm involves

18 the commission of another crime;

19                    (C) The person has a prior felony conviction for an

20 offense that had as an element of the offense the use or possession of a

21 deadly weapon; or

22                    (D) The person has been previously convicted under this

23 section or a similar provision from another jurisdiction.

24  (2) A person who violates this section commits a Class D felony

25 if he or she has been previously convicted of a felony and his or her present

26 conduct or the prior felony conviction does not fall within subdivision

27 (c)(1) of this section.

28  (3) Otherwise, the person commits a Class A misdemeanor.

29  (d) The Governor may restore without granting a pardon the right of a

30 convicted felon or an adjudicated delinquent to own and possess to own,

31 possess, ship, receive, and transport a firearm upon the recommendation of

32 the chief law enforcement officer in the jurisdiction in which the person

33 resides, so long as the underlying felony or delinquency adjudication:

34  (1) Did not involve the use of a weapon; and

35  (2) Occurred more than eight (8) years ago.

36  (e) As used in this section, "felony" means any state or federal

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1 felony, excluding a federal or state felony offense for which the person

2 convicted has completed his or her sentence and pertaining to:

3            (1) An antitrust violation;

4            (2) An unfair trade practice;

5            (3) Restraint of trade; or

6            (4) Another offense relating to the regulation of business

7 practices. The right of a convicted felon to own, possess, ship, receive,

8 and transport a firearm shall be restored upon a petition to a circuit court

9 if the following conditions are met:

10           (1) The underlying felony was not:

11                  (A) A serious felony involving violence as defined in � 5-

12 4-501(c)(2);

13                  (B) A felony involving violence as defined in � 5-4-

14 501(d)(2); or

15                  (C) A felony listed below or contained in the following

16 chapters or subchapters:

17                  (i) Homicide, � 5-10-101 et seq.;

18                  (ii) Kidnapping and related offenses, � 5-11-101 et

19 seq.;

20                  (iii) Robbery, � 5-12-101 et seq.;

21                  (iv) Assault and battery, � 5-13-101 et seq.;

22                  (v) Sexual offenses, � 5-14-101 et seq.;

23                  (vi) Voyeurism offenses, � 5-16-101 et seq.;

24                  (vii) Death threats, � 5-17-101 et seq.;

25                  (viii) The Human Trafficking Act of 2013, � 5-18-101

26 et seq.;

27                  (ix) Domestic battering and assault, � 5-26-301 et

28 seq.;

29                  (x) Custody and visitation, � 5-26-501 et seq.;

30                  (xi) Exposing a child to a chemical substance or

31 methamphetamine, � 5-27-230;

32                  (xii) The Arkansas Protection of Children Against

33 Exploitation Act of 1979, � 5-27-301 et seq.;

34                  (xiii) Use of children in sexual performances, � 5-

35 27-401 et seq.;

36                  (xiv) Computer crimes against minors, � 5-27-601 et

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1 seq.;

2                 (xv) Abuse of adults, � 5-28-101 et seq.;

3                 (xvi) The Vulnerable Person Protection Act, � 5-29-

4 201 et seq.;

5                 (xvii) Damage or destruction of property, � 5-38-101

6 et seq.;

7                 (xviii) Causing a catastrophe, � 5-38-202;

8                 (xix) Arson, � 5-38-301;

9                 (xx) Residential burglary, � 5-39-201, breaking or

10 entering, � 5-39-202, and operating a chop shop -- dealing in stolen or forged

11 motor vehicle parts, � 5-36-109;

12                (xxi) Aggravated residential burglary, � 5-39-204;

13                (xxii) Treason, � 5-51-201;

14                (xxiii) First degree escape, � 5-54-110, second

15 degree escape, � 5-54-111, third degree escape, � 5-54-112, and permitting

16 escape in the first degree, � 5-54-113;

17                (xxiv) Fleeing, � 5-54-125;

18                (xxv) Killing or injuring animals used by law

19 enforcement or search and rescue dogs, � 5-54-126;

20                (xxvi) Terrorism, � 5-54-201 et seq.;

21                (xxvii) Animals, � 5-62-101 et seq.;

22                (xxviii) Uniform Controlled Substances Act, � 5-64-

23 101 et seq., sale of drug devices, � 5-64-801 et seq., ephedrine and other

24 nonprescription drugs, � 5-64-1101 et seq., and anhydrous ammonia, � 5-64-

25 1301 et seq.;

26                (xxix) Aggravated riot, � 5-71-202;

27                (xxx) Stalking, � 5-71-229;

28                (xxxi) Weapons, � 5-73-101 et seq.;

29                (xxxii) The Arkansas Criminal Gang, Organization, or

30 Enterprise Act, � 5-74-101 et seq.;

31                (xxxiii) A felony that requires a person to register

32 as a sex offender under the Sex Offender Registration Act of 1997, � 12-12-

33 901 et seq.;

34                (xxxiv) An attempt, solicitation, or conspiracy to

35 commit any of the felonies listed in subdivisions (d)(1) of this section, if

36 the attempt, solicitation, or conspiracy itself is a felony; or

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1                  (xxxv) A felony traffic offense committed in a motor

2 vehicle if the person was a holder of a commercial learner's permit or a

3 commercial driver's license at the time the felony traffic offense was

4 committed;

5             (2)(A) The convicted felon completed his or her sentence for the

6 underlying felony, including without limitation the full payment of fines,

7 court costs, and restitution and any other terms or conditions of the

8 sentence, no less than ten (10) years ago.

9                  (B)(i) The ten-year period of subdivision (e)(2)(A) of

10 this section shall be calculated from the date in which all terms of the

11 sentence for a felony other than an offense listed as an exception under

12 subdivision (a)(1) of this section were completed.

13                 (ii) If the convicted felon has more than one (1)

14 felony conviction, the ten-year period of subdivision (e)(2)(A) of this

15 section shall be calculated from the latest date in which all terms of a

16 sentence for a felony other than an offense that is listed as an exception

17 under subdivision (a)(1) of this section were completed; and

18            (3) The convicted felon has not had a felony conviction in

19 another state.

20      (f)(1) A person who is eligible to have his or her firearms rights

21 restored under subsection (e) of this section may file a uniform petition in

22 the circuit court of the county in which he or she resides.

23            (2) Within fifteen (15) business days after the uniform petition

24 is filed, the court shall:

25                 (A) Grant or deny the uniform petition;

26                 (B) Notify the petitioner by mail of the court's decision;

27                 (C) If the petition is granted, notify the Arkansas Crime

28 Information Center of the restoration of firearms rights.

29      (g) The Arkansas Crime Information Center shall:

30            (1) Adopt and provide the following to be used by a petitioner

31 and any circuit court in this state:

32                 (A) A uniform petition for restoration of firearms rights;

33 and

34                 (B) A uniform order to restore firearms rights; and

35            (2) After receiving the notification required under (f)(2)(C) of

36 this section, notify the National Crime Information Center or its successor

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1 of the restoration of firearms rights.

2

3      SECTION 2. Arkansas Code � 5-73-309(5), concerning the circumstances

4 in which the Director of the Division of Arkansas State Police shall issue a

5 license to carry a concealed handgun, is amended to read as follows:

6      (5) Has not been convicted of a felony in a court of this state,

7 of any other state, or of the United States unless:

8      (A) The applicant is subsequently granted a pardon by the

9 Governor or the President of the United States explicitly restoring his or

10 her ability to possess a firearm;

11     (B) The applicant was sentenced prior to March 13, 1995,

12 and the record of conviction has been sealed or expunged under Arkansas law;

13 or

14     (C) The applicant's offense was dismissed and sealed or

15 expunged under � 16-93-301 et seq. or � 16-98-303(g);

16     (D) The applicant's felony conviction was for an offense

17 that is listed as an exception under � 5-73-103(a)(1); or

18     (E) The applicant's ability to possess a firearm is

19 subsequently restored under � 5-73-103(d) or � 5-73-103(e);

20

21

22     /s/R. Scott Richardson

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