Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1953
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5 By: Representative Clowney
6 By: Senator C. Tucker
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8 For An Act To Be Entitled
9 AN ACT TO PROTECT VICTIMS OF DOMESTIC ABUSE;
10 PROHIBITING A PERSON CONVICTED OF MISDEMEANOR
11 DOMESTIC ABUSE OFFENSES FROM POSSESSING A FIREARM;
12 REQUIRE THAT THE COURT INFORM THE PERSON OF THE
13 PROHIBITION AGAINST POSSESSING A FIREARM; AND FOR
14 OTHER PURPOSES.
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17 Subtitle
18 TO PROTECT VICTIMS OF DOMESTIC ABUSE; AND
19 TO PROHIBIT A PERSON CONVICTED OF
20 MISDEMEANOR DOMESTIC ABUSE OFFENSES FROM
21 POSSESSING A FIREARM.
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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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26 SECTION 1. Arkansas Code 5-26-302, concerning definitions used in
27 regard to domestic battering and assault, is amended to add an additional
28 subdivision to read as follows:
29 (7) "Misdemeanor offense involving domestic violence" means a
30 misdemeanor offense committed against a family or household member that
31 includes as an element:
32 (A) The use or attempted use of physical force; or
33 (B) The threatened use of a deadly weapon.
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35 SECTION 2. Arkansas Code 5-26-313 is amended to read as follows:
36 5-26-313. Notice Record of conviction.
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1 (a) A person who is convicted of any a misdemeanor of crime of
2 domestic violence shall be notified by the court that it is unlawful for the
3 person to ship, transport, or possess a firearm or ammunition pursuant to 18
4 U.S.C. 922(g)(8) and (9), as they 922(g)(9), as it existed on January 1,
5 2007.
6 (b)(1) Upon entering a conviction for a misdemeanor offense involving
7 domestic violence, the court shall indicate on the record of the conviction
8 that the conviction prohibits the person from possessing a firearm and shall
9 transmit a copy of the record of the conviction to the Arkansas Crime
10 Information Center.
11 (2) After receiving the copy of the record of the conviction
12 under subdivision (b)(1) of this section, the center shall include the
13 conviction in the National Instant Criminal Background Check System.
14
15 SECTION 3. Arkansas Code 5-73-101, concerning definitions used in
16 conjunction with criminal offenses involving weapons, is amended to add an
17 additional subdivision to read as follows:
18 (12) "Misdemeanor offense involving domestic violence" means:
19 (A) The same as defined in 5-26-302; and
20 (B) A misdemeanor offense under federal, tribal, or
21 another state's law, as it existed on January 1, 2021, committed against a
22 family or household member as defined in or substantially similar to 5-26-
23 302, when the offense includes as an element:
24 (i) The use or attempted use of physical force; or
25 (ii) The threatened use of a deadly weapon.
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27 SECTION 4. Arkansas Code 5-73-103(a), concerning persons who are
28 prohibited from possessing a firearm, is amended to read as follows:
29 (a) Except as provided in subsection (d) of this section or unless
30 authorized by and subject to such conditions as prescribed by the Governor,
31 or his or her designee, or the United States Bureau of Alcohol, Tobacco,
32 Firearms, and Explosives, or other bureau or office designated by the United
33 States Department of Justice, no a person shall not possess or own any
34 firearm who has been:
35 (1) Convicted of:
36 (A) a A felony; or
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1 (B) A misdemeanor offense involving domestic violence;
2 (2) Adjudicated mentally ill; or
3 (3) Committed involuntarily to any mental institution.
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Statutes affected:
HB 1953: 5-26-302, 5-26-313, 5-73-101, 5-73-103(a)