Facing Arkansas Gun Charges? Here's Your Defense

Understanding Arkansas Weapons Laws: A Complex Landscape

Arkansas weapons laws can be intricate and confusing. A seemingly simple action can quickly lead to serious criminal charges. This article aims to provide a clear overview of Arkansas weapons laws, potential defenses, and strategies for navigating the legal system.

Types of Weapons Charges in Arkansas

Arkansas law covers a broad range of weapons offenses. Some of the most common include:

• 🛡️ Unlawful Carrying a Weapon (UCW): This covers carrying certain weapons, like a handgun, knife, or club, with the intent to employ it as a weapon against a person. There are exceptions, such as carrying for self-defense while on a journey.
• 🔫 Possession of a Firearm by Certain Persons: This prohibits individuals with felony convictions from possessing firearms. This also applies to those adjudicated mentally ill or committed involuntarily to a mental institution.
• 💣 Possession of Prohibited Weapons: This includes items such as sawed-off shotguns, machine guns, and certain types of explosives.
• 🔪 Carrying a Weapon on School Property: Arkansas law strictly prohibits carrying weapons on school grounds.
• 💥 Aggravated Assault with a Deadly Weapon: Using a deadly weapon during an assault elevates the charge to aggravated assault, carrying much harsher penalties.

Unlawful Carrying a Weapon (UCW) in Detail

Let's delve deeper into Unlawful Carrying a Weapon. Arkansas Code § 5-73-120 defines UCW and outlines several key exceptions. Understanding these exceptions is crucial.

Key Elements of UCW

To be convicted of UCW, the prosecution must prove beyond a reasonable doubt that you:

• 🎯 Carried a weapon.
• 🚶 Intended to employ it as a weapon against a person.

The definition of "weapon" includes firearms, knives with blades longer than 3.5 inches, clubs, and other instruments readily capable of causing death or serious physical injury.

Exceptions to UCW

Arkansas law provides several crucial exceptions to the UCW statute. These exceptions often form the basis of a strong defense.

• 🚗 Traveling on a Journey: This is a significant exception. If you are traveling on a "journey," you are generally allowed to carry a weapon for self-defense. The definition of "journey" can be complex and depends on the specific facts of the case.
• 🏡 On Your Own Premises: You can carry a weapon on your own property, including your home, business, or land.
• 🎣 Lawful Hunting or Fishing: Carrying a weapon while lawfully hunting or fishing is generally permitted.
• 💼 Engaged in a Lawful Business: Carrying a weapon while engaged in a lawful business is also often an exception.
• 👮 Law Enforcement/Military: Active duty law enforcement officers and military personnel are typically exempt.

Defenses to Weapons Charges in Arkansas

If you've been charged with a weapons offense in Arkansas, several defenses may be available. The best defense will depend on the specific facts of your case.

• ✅ Lack of Intent: For UCW, the prosecution must prove you intended to use the weapon against another person. If you had no such intent, this can be a strong defense.
• ✅ Applicable Exception: As discussed above, several exceptions to UCW exist. Proving that you fall under one of these exceptions is a common and effective defense.
• ✅ Illegal Search and Seizure: If the weapon was discovered during an illegal search, evidence may be suppressed, potentially leading to a dismissal of the charges. This is based on the Fourth Amendment of the U.S. Constitution.
• ✅ Lack of Knowledge: In some cases, you may not have known that you possessed the weapon. Lack of knowledge can be a valid defense.
• ✅ Self-Defense: If you used the weapon in self-defense, this can be a justification for your actions. Arkansas has specific laws regarding self-defense.

Penalties for Weapons Offenses in Arkansas

The penalties for weapons offenses in Arkansas vary depending on the specific charge and your prior criminal record.

• ⚖️ Unlawful Carrying a Weapon: Typically a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. However, certain aggravating factors, such as possessing a firearm while intoxicated, can increase the charge to a felony.
• ⚖️ Possession of a Firearm by Certain Persons: A Class D felony, punishable by up to six years in prison and a fine of up to $10,000.
• ⚖️ Possession of Prohibited Weapons: Penalties vary depending on the specific weapon, but can range from Class D felonies to Class B felonies, carrying significant prison sentences.
• ⚖️ Aggravated Assault with a Deadly Weapon: A Class D felony, punishable by up to six years in prison and a fine of up to $10,000.

Note: These are just general guidelines. The actual penalties imposed can vary significantly depending on the circumstances of the case.

Strategies for Defending Against Weapons Charges

A skilled criminal defense attorney will employ various strategies to defend against weapons charges in Arkansas. These strategies may include:

• 🔎 Thorough Investigation: Conducting a thorough investigation to gather evidence, interview witnesses, and review police reports.
• 📜 Challenging Evidence: Filing motions to suppress evidence obtained illegally or improperly.
• 🤝 Negotiating with Prosecutors: Negotiating with prosecutors to seek a reduction in charges or a favorable plea agreement.
• 🧑‍⚖️ Preparing for Trial: If a plea agreement cannot be reached, preparing for trial and presenting a strong defense to the jury.
• 📚 Expert Testimony: Utilizing expert witnesses to challenge the prosecution's evidence or present alternative explanations for the events in question.

The Role of a Criminal Defense Attorney

Navigating the Arkansas criminal justice system can be overwhelming, especially when facing weapons charges. A criminal defense attorney plays a crucial role in protecting your rights and ensuring you receive a fair trial.

What a Criminal Defense Attorney Can Do:

• 🏛️ Explain the Law: A lawyer can explain the complex Arkansas weapons laws in plain language, helping you understand the charges against you and the potential consequences.
• 🛡️ Protect Your Rights: An attorney will ensure that your constitutional rights are protected throughout the legal process.
• 📝 Investigate Your Case: They will conduct a thorough investigation to gather evidence and build a strong defense.
• 🗣️ Negotiate on Your Behalf: A lawyer can negotiate with prosecutors to seek a favorable plea agreement, potentially reducing charges or penalties.
• 🧑‍⚖️ Represent You in Court: If your case goes to trial, an attorney will represent you in court, presenting evidence and arguing your case before a judge and jury.

Finding a Qualified Criminal Defense Attorney in Arkansas

Choosing the right criminal defense attorney is a critical decision. Look for an attorney with:

• ✅ Experience: Significant experience handling weapons charges in Arkansas.
• ✅ Knowledge: A deep understanding of Arkansas weapons laws and criminal procedure.
• ✅ Reputation: A strong reputation for success and client satisfaction.
• ✅ Communication: Excellent communication skills and a willingness to keep you informed throughout the process.
• ✅ Resources: Access to the resources necessary to investigate your case thoroughly and build a strong defense.

Compensation and Claims Related to Weapons Charges

While the primary focus of a weapons charge is often the criminal penalties, there may be related civil claims or issues of compensation to consider.

• 💰 Civil Lawsuits: If a weapon was used to injure someone, a civil lawsuit may be filed seeking damages for medical expenses, lost wages, and pain and suffering.
• ⚖️ Property Forfeiture: In some cases, the weapon itself may be subject to forfeiture, meaning the government can seize it.
• 💼 Employment Consequences: A weapons charge can have significant consequences for your employment, particularly if your job requires you to carry a weapon.
• 📜 Record Expungement: In some cases, it may be possible to expunge a weapons charge from your record, which can help you avoid future employment or housing difficulties. Arkansas has specific laws regarding expungement.

Practical Advice for Arkansas Residents

Here are some practical tips to help Arkansas residents avoid weapons charges:

• 📚 Know the Law: Familiarize yourself with Arkansas weapons laws, particularly the UCW statute and its exceptions.
• 🔒 Secure Your Weapons: Store your weapons safely and securely, especially if you have children in the home.
• 🚫 Avoid Carrying Weapons in Prohibited Places: Be aware of places where weapons are prohibited, such as schools, courthouses, and government buildings.
• 🍺 Don't Mix Weapons and Alcohol: Never carry a weapon while intoxicated.
• 📜 Obtain a Concealed Carry Permit: While not always necessary due to open carry laws, obtaining a concealed carry permit can provide additional legal protections.
• ❓ If in Doubt, Consult an Attorney: If you have any questions about Arkansas weapons laws, consult with a qualified attorney.

Specific Scenarios and Examples

To further illustrate Arkansas weapons laws, consider these scenarios:

• 🚗 Scenario 1: A man is driving across Arkansas on a road trip. He has a handgun in his glove compartment for self-defense. This likely falls under the "traveling on a journey" exception to UCW. However, if he deviates significantly from his planned route for non-travel related activities, the exception may no longer apply.
• 🏡 Scenario 2: A woman owns a small business in Little Rock. She keeps a handgun in her desk drawer for protection. This is generally permissible under the "engaged in a lawful business" exception.
• 🏫 Scenario 3: A student brings a pocket knife with a 4-inch blade to school. This is a violation of the law prohibiting weapons on school property.
• 🍻 Scenario 4: A man is at a bar and becomes intoxicated. He has a concealed handgun on his person. This could lead to an enhanced UCW charge due to the intoxication.

The Importance of Staying Informed

Arkansas weapons laws can change. It's crucial to stay informed about any updates or revisions to the law. Consult with legal professionals and reliable sources to ensure you have the most current information.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.