Can a felon own a gun in Arkansas?

Arkansas prohibits firearm possession for all felony convictions. Gun rights may be restored through a gubernatorial pardon, expungement of the conviction, or by petition to the circuit court. Recent legislation has streamlined the petition process.

How can a felon restore gun rights in Arkansas?

Petition the circuit court for restoration, seek expungement, or apply for a gubernatorial pardon.

What is the waiting period for gun rights restoration in Arkansas?

Must complete sentence before seeking restoration. The waiting period depends on the method: expungement eligibility varies by offense; pardon has no fixed timeline.

Are there exceptions to gun rights restoration in Arkansas?

Violent felons and sex offenders face more restrictive paths. Some offenses are not eligible for expungement under Arkansas law.

How do I get my gun rights back in Arkansas after a felony?

There are three main pathways: (1) If you were a first offender, have your conviction dismissed and sealed under the First Offender Act. (2) If your felony is more than 8 years old and did not involve a weapon, seek the governor's firearms-specific restoration with your county sheriff's recommendation. (3) Apply for a full gubernatorial pardon that explicitly restores your right to possess firearms. Consulting an attorney is strongly recommended.

Does expungement restore gun rights in Arkansas?

Yes — but only if the conviction is both 'dismissed and sealed' (true expungement), not just sealed. Under the First Offender Act (ACA 16-93-301 et seq.) and drug court provisions (ACA 16-98-303(g)), a conviction that is dismissed and sealed is treated as if it never occurred, restoring all rights including firearms. Simple record sealing without a dismissal order does not restore gun rights.

What is the sheriff recommendation process for gun rights in Arkansas?

Under ACA 5-73-103(b), the Governor may restore firearms rights based on the written recommendation of the sheriff of the county where you reside. The requirements are: (1) the felony must have occurred more than 8 years ago, (2) the felony must not have involved the use of a weapon, and (3) the sheriff must provide a written recommendation. The sheriff's recommendation is discretionary — they are not required to recommend you.

How do I apply for a governor's pardon in Arkansas?

Download the Governor's Pardon Application from the Arkansas Department of Public Safety website. Complete the application and submit it. The Post Prison Transfer Board will request non-binding recommendations from the sentencing court, prosecuting attorney, and sheriff of the county of conviction. The Board reviews the application and makes a recommendation to the Governor. The Governor has final authority to grant or deny the pardon.

What is the penalty for a felon possessing a gun in Arkansas?

Under ACA 5-73-103, a convicted felon who possesses a firearm is guilty of a Class B felony, punishable by 5 to 20 years in prison and fines up to $15,000. Additionally, the person may face federal prosecution under 18 USC 922(g)(1), which carries up to 15 years in federal prison. Prior convictions can enhance both state and federal sentences.

Does a pardon automatically restore gun rights in Arkansas?

Not necessarily. A gubernatorial pardon must explicitly restore firearms privileges to remove the disability under ACA 5-73-103. A general pardon that does not mention firearms may not restore gun rights. When applying for a pardon, make sure to request that the pardon specifically include restoration of your right to own and possess firearms.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief from the federal firearms disability. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This could provide a pathway for Arkansas felons to address the federal prohibition independently of state-level restoration.

Can I possess a firearm for hunting in Arkansas after completing my sentence?

No — not unless your gun rights have been restored through one of the available pathways (pardon, expungement, or sheriff-recommendation restoration). Completing your sentence does not automatically restore firearm rights in Arkansas. Possessing any firearm, including a hunting rifle or shotgun, is a Class B felony for a convicted felon. You may hunt with archery equipment or other non-firearm methods.

Felon Gun Rights in Arkansas

Must petition for restoration

No — unless you receive a governor's pardon, have your conviction dismissed and sealed/expunged, or qualify for the governor's firearms-specific restoration. Under ACA 5-73-103, a convicted felon cannot own or possess any firearm in Arkansas unless authorized by the Governor or ATF. The most accessible path for nonviolent first offenders is expungement under the First Offender Act. For all others, a gubernatorial pardon is required. Even with state restoration, the federal prohibition under 18 USC 922(g)(1) may still apply. Consult an attorney.

Last updated: 2026-03-21

Overview

Arkansas prohibits all convicted felons from owning or possessing firearms under ACA 5-73-103. Gun rights can be restored through three primary mechanisms: a gubernatorial pardon that explicitly restores firearms rights, expungement or dismissal and sealing of the conviction under the First Offender Act (ACA 16-93-301 et seq.) or drug court provisions, or a governor's firearms-specific restoration based on the recommendation of the chief law enforcement officer in the person's county of residence (for non-weapon felonies older than 8 years). Record sealing alone does not restore gun rights — the conviction must be fully dismissed and sealed or expunged, or the governor must expressly authorize firearms restoration. Federal law under 18 USC 922(g)(1) imposes an additional, independent prohibition.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are permanently prohibited from possessing firearms or ammunition. An Arkansas governor's pardon that fully restores civil rights and explicitly restores firearms privileges may lift the federal disability under the 'civil rights restored' or 'pardoned' exceptions in 18 USC 921(a)(20). An expungement that fully dismisses and seals the conviction under the First Offender Act may also lift the federal ban, as the conviction is treated as if it never occurred. However, simple record sealing without dismissal does not qualify as an expungement for federal purposes. The revived federal 18 USC 925(c) process (as of March 2025) may provide a separate federal pathway for relief.

Can restore gun rights

✓Persons who receive a gubernatorial pardon that explicitly restores the right to possess firearms
✓Persons whose conviction is dismissed and sealed or expunged under the First Offender Act (ACA 16-93-301 et seq.) — restores all rights including firearms
✓Persons whose conviction is dismissed and sealed under drug court (ACA 16-98-303(g)) or veterans court provisions — restores all rights including firearms
✓Persons eligible for the governor's firearms-specific restoration — requires recommendation of the chief law enforcement officer (sheriff) of the county of residence, felony must be older than 8 years, and must not have involved the use of a weapon
✓Persons whose pre-1995 conviction was sealed or expunged — firearm rights are restored under ACA 5-73-103(b)

Cannot restore gun rights

✗Persons convicted of a felony involving the use of a weapon — not eligible for the sheriff-recommendation pathway; must seek a full gubernatorial pardon
✗Persons convicted of a felony less than 8 years ago — not eligible for the sheriff-recommendation pathway
✗Persons who have had a record sealed but not dismissed or expunged — sealing alone does not restore gun rights
✗Persons currently under indictment, on probation, or on parole — prohibited under both state and federal law
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9)) regardless of state restoration
✗Persons subject to an active domestic violence protective order — prohibited under both state and federal law

Step-by-Step Process

Determine your eligibility pathway

Identify which restoration method applies to your situation: (1) If you were a first offender sentenced under ACA 16-93-301 et seq. and completed your probation, you may be eligible for dismissal and sealing (expungement). (2) If you completed drug court or veterans court, your conviction may be eligible for dismissal and sealing. (3) If your felony is older than 8 years and did not involve a weapon, you may qualify for the governor's firearms-specific restoration with a sheriff recommendation. (4) For all other situations, a full gubernatorial pardon is required.

For expungement: Petition the court for dismissal and sealing

If eligible under the First Offender Act or drug/veterans court, petition the circuit court where you were convicted for dismissal and sealing of the conviction. The court will review whether you completed all terms of your sentence and probation. If the petition is granted, the conviction is dismissed, the record is sealed, and all rights — including firearm rights — are restored. Note: Post-1995 convictions must be 'dismissed and sealed' (not just sealed) to restore gun rights.

For sheriff-recommendation path: Contact your county sheriff

If your felony is older than 8 years and did not involve a weapon, contact the sheriff of your county of residence. The sheriff must provide a written recommendation to the Governor supporting your firearms rights restoration. This recommendation is required — the Governor cannot grant this type of restoration without it. There is no guarantee the sheriff will agree to recommend you.

For a full pardon: Apply to the Governor

Download the Governor's Pardon Application from the Arkansas Department of Public Safety website. Complete the application with your personal information, criminal history, employment record, and reasons for seeking a pardon. The Board of Pardons will request a (non-binding) recommendation from the sentencing court, prosecuting attorney, and sheriff of the county of conviction before considering the application.

Ensure firearms rights are explicitly restored

Whether through a pardon or the sheriff-recommendation pathway, confirm that the official document from the Governor explicitly restores your right to possess firearms. A pardon or restoration that does not specifically mention firearms may not restore gun rights under ACA 5-73-103. The language must expressly authorize you to own and possess firearms.

Address the federal prohibition

Even after state-level restoration, the federal prohibition under 18 USC 922(g)(1) may still apply. A full pardon or a complete expungement (dismissal and sealing) is more likely to lift the federal ban than the sheriff-recommendation pathway alone. Consult an attorney about whether your specific form of state restoration qualifies for the federal exception. The revived 18 USC 925(c) process may provide an additional pathway.

Waiting Period

For expungement under the First Offender Act, you must complete all terms of your sentence and probation — there is no additional fixed waiting period after completion. For the governor's firearms-specific restoration via sheriff recommendation, the felony must be at least 8 years old and cannot have involved a weapon. For a full gubernatorial pardon, there is no fixed statutory waiting period, but the Board of Pardons requires sentence completion and typically expects several years of demonstrated rehabilitation.

Key Laws

Law	Year	Description
ACA 5-73-103 — Possession of Firearms by Certain Persons	1975 (amended through 2023)	Prohibits any person convicted of a felony from owning or possessing any firearm unless authorized by the Governor or the ATF. Establishes three restoration pathways: gubernatorial pardon, expungement/dismissal and sealing, and the sheriff-recommendation process for non-weapon felonies older than 8 years. Violation is a Class B felony (5-20 years imprisonment).
ACA 16-93-301 et seq. — First Offender Act (Deferred Adjudication)	1975 (amended through 2023)	Allows first-time offenders to receive deferred adjudication. Upon successful completion of probation, the court may dismiss the charges and seal the record. A conviction dismissed and sealed under this Act restores all rights, including firearm rights. This is the most accessible pathway for eligible nonviolent first offenders.
ACA 16-98-303(g) — Drug Court Dismissal and Sealing	2011 (amended through 2023)	Allows persons who successfully complete drug court to have their charges dismissed and records sealed, with the concurrence of the prosecuting attorney. Dismissal and sealing under this provision restores firearm rights.
ACA 5-73-103(b) — Governor's Firearms-Specific Restoration	2015	Authorizes the Governor to restore firearms rights based on the written recommendation of the chief law enforcement officer (sheriff) of the county where the person resides, if the felony or adjudication occurred more than 8 years prior and did not involve the use of a weapon.
Arkansas Constitution Article 6, Section 18 — Governor's Pardon Power	1874	Grants the Governor the power to grant reprieves, commutations of sentence, and pardons after conviction. The Post Prison Transfer Board makes recommendations on pardon applications. A pardon must explicitly restore firearms privileges to remove the disability under ACA 5-73-103.

Edge Cases

My record was sealed but not dismissed. Are my gun rights restored?

No. Under Arkansas law, record sealing alone does not restore firearm rights. The conviction must be fully 'dismissed and sealed' or 'expunged' — meaning the court enters an order of dismissal in addition to sealing the record. This is the standard under the First Offender Act (ACA 16-93-301 et seq.) and drug court provisions (ACA 16-98-303(g)). If your record was only sealed without a dismissal, you remain prohibited from possessing firearms and would need a gubernatorial pardon to restore gun rights.

My felony was from another state. Can I get my gun rights restored in Arkansas?

The governor's firearms-specific restoration pathway under ACA 5-73-103(b) applies to persons convicted of a felony 'in this state or any other state.' However, you would need to get the sheriff of your Arkansas county of residence to recommend you, and the felony must be at least 8 years old and not involve a weapon. For other pathways, you may need to seek restoration from the state where you were convicted. Federal law applies regardless of which state restores your rights.

I completed a deferred sentence under the First Offender Act but my case was never dismissed. Am I prohibited?

It depends. If you completed all terms of your deferred sentence and the court entered an order of dismissal, your conviction is treated as if it never occurred and you are not prohibited from possessing firearms. However, if the case was never formally dismissed by the court — even if you completed probation — you may still have an active conviction. Check with the clerk of the court where your case was handled to confirm whether a dismissal order was entered.

Can I keep antique firearms or black powder guns as a convicted felon in Arkansas?

Under federal law, antique firearms (manufactured before 1899) and replica antique firearms are generally exempt from the federal firearms prohibition under 18 USC 921(a)(3). However, Arkansas state law under ACA 5-73-103 broadly prohibits 'firearms' and does not have a specific exemption for antique or black powder firearms. This creates a conflict — you may be in compliance with federal law but in violation of state law. Consult an attorney before possessing any type of firearm or firearm-like device.

My sheriff refused to recommend me for firearms restoration. What are my options?

The sheriff's recommendation is discretionary — they are not required to recommend you. If the sheriff refuses, the firearms-specific restoration pathway under ACA 5-73-103(b) is not available to you. Your remaining options are: (1) apply for a full gubernatorial pardon that explicitly restores firearms rights, (2) seek expungement if your conviction is eligible under the First Offender Act or drug/veterans court provisions, or (3) petition for federal relief under the revived 18 USC 925(c) process.

Does Arkansas's constitutional carry law apply to convicted felons?

No. Arkansas's permitless carry law (Act 1087 of 2023) allows law-abiding adults to carry concealed handguns without a permit, but it explicitly does not override ACA 5-73-103's prohibition on firearm possession by convicted felons. A convicted felon who possesses any firearm — openly or concealed — is committing a Class B felony regardless of constitutional carry laws.

Frequently Asked Questions

Can a felon own a gun in Arkansas?: Not unless their gun rights have been specifically restored. Under ACA 5-73-103, a convicted felon cannot own or possess any firearm unless authorized by the Governor or the ATF. Restoration requires a gubernatorial pardon that explicitly restores firearms rights, expungement (dismissal and sealing) of the conviction, or the governor's firearms-specific restoration with a sheriff recommendation for non-weapon felonies older than 8 years.
How do I get my gun rights back in Arkansas after a felony?: There are three main pathways: (1) If you were a first offender, have your conviction dismissed and sealed under the First Offender Act. (2) If your felony is more than 8 years old and did not involve a weapon, seek the governor's firearms-specific restoration with your county sheriff's recommendation. (3) Apply for a full gubernatorial pardon that explicitly restores your right to possess firearms. Consulting an attorney is strongly recommended.
Does expungement restore gun rights in Arkansas?: Yes — but only if the conviction is both 'dismissed and sealed' (true expungement), not just sealed. Under the First Offender Act (ACA 16-93-301 et seq.) and drug court provisions (ACA 16-98-303(g)), a conviction that is dismissed and sealed is treated as if it never occurred, restoring all rights including firearms. Simple record sealing without a dismissal order does not restore gun rights.
What is the sheriff recommendation process for gun rights in Arkansas?: Under ACA 5-73-103(b), the Governor may restore firearms rights based on the written recommendation of the sheriff of the county where you reside. The requirements are: (1) the felony must have occurred more than 8 years ago, (2) the felony must not have involved the use of a weapon, and (3) the sheriff must provide a written recommendation. The sheriff's recommendation is discretionary — they are not required to recommend you.
How do I apply for a governor's pardon in Arkansas?: Download the Governor's Pardon Application from the Arkansas Department of Public Safety website. Complete the application and submit it. The Post Prison Transfer Board will request non-binding recommendations from the sentencing court, prosecuting attorney, and sheriff of the county of conviction. The Board reviews the application and makes a recommendation to the Governor. The Governor has final authority to grant or deny the pardon.
What is the penalty for a felon possessing a gun in Arkansas?: Under ACA 5-73-103, a convicted felon who possesses a firearm is guilty of a Class B felony, punishable by 5 to 20 years in prison and fines up to $15,000. Additionally, the person may face federal prosecution under 18 USC 922(g)(1), which carries up to 15 years in federal prison. Prior convictions can enhance both state and federal sentences.
Does a pardon automatically restore gun rights in Arkansas?: Not necessarily. A gubernatorial pardon must explicitly restore firearms privileges to remove the disability under ACA 5-73-103. A general pardon that does not mention firearms may not restore gun rights. When applying for a pardon, make sure to request that the pardon specifically include restoration of your right to own and possess firearms.
Is there a new federal process to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief from the federal firearms disability. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This could provide a pathway for Arkansas felons to address the federal prohibition independently of state-level restoration.
Can I possess a firearm for hunting in Arkansas after completing my sentence?: No — not unless your gun rights have been restored through one of the available pathways (pardon, expungement, or sheriff-recommendation restoration). Completing your sentence does not automatically restore firearm rights in Arkansas. Possessing any firearm, including a hunting rifle or shotgun, is a Class B felony for a convicted felon. You may hunt with archery equipment or other non-firearm methods.

Take Action — Direct Links

Arkansas Department of Public Safety — Governor's Pardon Application
Official pardon application form for seeking a gubernatorial pardon in Arkansas, including firearms rights restoration.
CCRC — Arkansas Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in Arkansas, including pardons, expungement, sealing, and the firearms-specific sheriff recommendation process.
ACA 5-73-103 — Possession of Firearms by Certain Persons (Full Text)
Full statutory text of ACA 5-73-103, which prohibits firearm possession by convicted felons and establishes the restoration pathways.
Arkansas Department of Correction — Expungement Information
Information sheet from the Arkansas Department of Correction on the expungement process and eligibility requirements.
King Law Group — How to Restore Gun Rights in Arkansas
Legal guide explaining the three pathways for restoring firearm rights in Arkansas after a criminal conviction.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.