English
EspañolI do not have a protection order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
Even if the abuser has not been convicted of a crime and you don’t have a protection order, under Arkansas law, it is illegal for someone to have any firearm if s/he has been:
- determined by a court (“adjudicated”) to be mentally ill; or
- committed involuntarily to any mental health institution.1
If someone already has a license to carry a concealed weapon, that license can be revoked (canceled) if the department that issues licenses is notified by any law enforcement agency or a court that the license-holder is arrested or formally charged with a crime that would disqualify him/her from having a license. The license can be revoked until the criminal case is decided; at that point, it can continue to be revoked or it can be re-instated, depending on the outcome of the case.2
Even if it is not illegal for the abuser to have a gun, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our AR Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in Arkansas, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 Ark. Code § 5-73-103(a)
2 See Ark. Code § 5 -73-308(a)(1)(B), (a)(3)
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state laws can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can write to our Email Hotline.
- You can contact a local domestic violence organization in your area. See our AR Advocates and Shelters page.
- You can also contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2.
