Gun rights in Arkansas
Get Legal Help Today
Secured with SHA-256 Encryption
Gun rights in Arkansas
Did you have to have a governor sign off to get your gun rights back if you had an act 346 in place in 1998 in Arkansas?
Asked on June 6, 2009 under Criminal Law, Arkansas
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An Act 346 expungement can seal your record when you have been released from probation. Law enforcement officers will still be able to access your record, but most potential employers will not. You can even legitimately mark "no" when asked if you have any prior felony convictions on employment applications.
As to an Act 346 expungement and gun rights, such expungement signifies "that the defendant was completely exonerated of any criminal purpose; and that the disposition shall not affect any civil rights or liberties of the defendant." A.C.A. 16-93-301 (1987). Although there are no reported decisions regarding Act 346, it would appear that one sentenced under Act 346, who has fulfilled the terms and conditions of probation, is not prohibited from possessing a firearm.
However, I am not licensed in Arkansas, so it would be advisable to consult with an attorney in your area on this matter.
Note: If you do need to get a pardon, makes sure that the pardon specificaly addresses the issue of restoring your gun rights.
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.