Department of Finance and Administration
Legislative Impact Statement
Bill: HB1013 Amendment Number: H2
Bill Subtitle: TO ESTABLISH A PATH TO RESTORATION OF THE RIGHT TO POSSESS A
FIREARM; AND TO PROVIDE FOR THE DISCHARGE, DISMISSAL, AND SEALING OF A
NONVIOLENT FELONY CONVICTION.
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Basic Change :
Sponsors: Reps. V. Flowers, F. Allen, Crawford, Duffield, K. Ferguson, Hudson, Milligan, Nicks,
J. Richardson, Scott, Tosh, Vaught, Watson, and L. Johnson
Sens. G. Stubblefield, Caldwell, A. Clark, Gilmore, Hester, Irvin, G. Leding, M. McKee, and R.
Murdock
House Amendment No. 2 --- HB1013-H2 (engrossed H3/16/23) adds a felony traffic offense
committed by a holder of a commercial driver's license or commercial learner's permit to the list of
specific felony convictions that would not be eligible for sealing under HB1013.
Original Bill --- HB1013 creates the Firearm Right Restoration Act of 2023, to be codified at §
16-90-1601 et seq., and would permit a person convicted of certain offenses to have a felony
conviction discharged, dismissed, and sealed in order to restore the right to possess a firearm. This bill
provides for the discharge, dismissal, and sealing of certain felony convictions after ten years or more
from the completion of the person's sentence and adopts a uniform procedure. This bill excludes
certain felony convictions that are not eligible for discharge, dismissal, and sealing. This bill would be
separate and distinct from the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et
seq., and would be applied retroactively to convictions occurring before, on, or after the effective date
of the bill.
Revenue Impact :
None.
Taxpayer Impact :
None.
Resources Required :
None.
Time Required :
None.
Procedural Changes :
Procedures will need to be developed and employees trained to comply with this bill.
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 Department of Finance and Administration
Legislative Impact Statement
Bill: HB1013 Amendment Number: H2
Bill Subtitle: TO ESTABLISH A PATH TO RESTORATION OF THE RIGHT TO POSSESS A
FIREARM; AND TO PROVIDE FOR THE DISCHARGE, DISMISSAL, AND SEALING OF A
NONVIOLENT FELONY CONVICTION.
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Other Comments :
None.
Legal Analysis :
House Amendment No. 2 --- HB1013-H2 (engrossed H3/16/23) adds a felony traffic offense
committed by a holder of a commercial driver's license or commercial learner's permit to the list of
specific felony convictions that would not be eligible for sealing, resolving the issue noted below.
Original Bill --- HB1013 amends current law to permit the restoration of the lawful ownership or
possession of a firearm if a person's felony conviction is discharged, dismissed, and sealed under §
16-90-1601 et seq. The bill provides a list of specific felony convictions that would not be eligible for
sealing under the new law. The list of ineligible offenses does not include felony traffic offenses
committed by a holder of a commercial driver's license (CDL) or commercial learner’s permit (CLP).
49 C.F.R. § 384.226 prohibits states from masking a CDL or CLP holder's conviction for any traffic
violation committed while operating either a commercial or non-commercial vehicle. See also §
27-23-128. The federal regulations further provide that federal highway funds may be withheld from
any state for non-compliance with the regulations. See § 384.401.
Arkansas prohibits the sealing of a conviction of a felony traffic offense (excluding a parking violation,
vehicle weight violation, or vehicle defect violation) committed in any type of motor vehicle if the person
was a holder of a CDL or CLP at the time the felony offense was committed. See § 16-90-1408(b).
HB1013 would conflict with § 16-90-1408 because it would authorize the sealing of a CDL or CLP
holder's felony traffic offense for purposes of restoring the right to own or possess a firearm. It is
recommended that HB1013 be amended to resolve the conflict with Arkansas and federal law.
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Statutes affected:
Old version HB1013 Original - 11-28-2022 11:55 AM: 5-73-103(a), 5-73-309(5)
Old version HB1013 V2 - 2-6-2023 09:24 AM: 5-73-103(a), 5-73-309(5)
Old version HB1013 V3 - 3-16-2023 10:02 AM: 5-73-103(a), 5-73-309(5)
Old version HB1013 V4 - 3-27-2023 11:07 AM: 5-73-103(a), 5-73-309(5)
Old version HB1013 V5 - 4-3-2023 12:46 PM: 5-73-103(a), 5-73-309(5), 16-90-1414, 16-90-1417(a)
HB 1013: 5-73-103(a), 5-73-309(5), 16-90-1414, 16-90-1417(a)